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Home My WebLink About04252023 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 25, 2023 - 6:00 PM CALL TO ORDER: Mayor Zak Schwank INVOCATION: Reverend Carole Horton -Howe of St. Thomas of Canterbury Episcopal Church FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation by General Manager Robb Grantham of Rancho California Water District Regarding Water Supply and Drought Update Presentation by Consultants Ryan Allen and Dana Link -Herrera of Dudek Regarding Temecula Urban Forest Management Plan BOARD / COMMISSION REPORTS Race, Equity, Diversity and Inclusion 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 included into the record. 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. 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. Page 1 City Council Agenda April 25, 2023 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. 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. 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 April 11, 2023 Recommendation: That the City Council approve the action minutes of April 11, 2023. Attachments: 04/11/2023 - Regular Meeting 04/11/2023 - Special Meeting 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands 4. Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street Page 2 City Council Agenda April 25, 2023 5. 6. 7. 8. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET Attachments: Agenda Report R eenhitinn Exhibit A - OAH Proposed Decision City Council Agenda Packet Approve Sponsorship and Economic Development Funding Agreement with Temecula Valley Balloon and Wine Festival Association for Temecula Vallev Balloon and Wine Festival Recommendation: That the City Council approve a sponsorship and economic development funding agreement with the Temecula Valley Balloon and Wine Festival Association for the Temecula Valley Balloon and Wine Festival. Attachments: Agenda Report Agreement Approve Agreement for the Temecula Home Repair Program with Habitat for Humanity_ Recommendation: That the City Council approve the agreement with Habitat for Humanity for the Temecula Home Repair Program and appropriate $500,000 from the Community Reinvestment Program Fund, as approved conceptually by Council as part of the COVID-19 Pandemic Community Reinvestment Program for Fiscal Year 2022-23. Attachments: Agenda Report Agreement Program Guidelines Approve Agreement for Consultant Services with Fehr & Peers, Inc. for Complete Streets Policy Document Recommendation: That the City Council approve an agreement for consultant services with Fehr & Peers, Inc., in the amount of $59,500, for the complete streets policy document. Attachments: Agenda Report Agreement Renew the Abandoned Vehicle Abatement Program with the County of Riverside Page 3 City Council Agenda April 25, 2023 9. Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034 Attachments: Agenda Report Resolution Adopt the 2023 City of Temecula Emergency Operations Plan Recommendation: That the City Council adopt this resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2023 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN Attachments: Agenda Report Resolution Emergency Operations Plan 10. Approve Purchase and Installation Agreements with Playcore Wisconsin, Inc. dba GameTime and Landscape Structures, Inc., for Playground Equipment Enhancement and Safety Surfacing at Temecula Creek Trail Park, Redhawk Park, Calle Aragon Park, and Long Canyon Park Recommendation That the City Council: 1. Approve the purchase and installation agreement with GameTime, in the amount of $334,641.07, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Temecula Creek Trail Park); and 2. Approve the purchase and installation agreement with GameTime, in the amount of $531,702.58, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Redhawk Park); and 3. Approve the purchase and installation agreement with GameTime, in the amount of $73,736.46, and authorize City Manager to approve Page 4 City Council Agenda April 25, 2023 11. 12. additional work not to exceed a contingency amount of $2,000, for the Playground Equipment Enhancement and Safety Surfacing (Calle Aragon Park); and 4. Approve the purchase and installation agreement with Landscape Structures, Inc., in the amount of $438,047.68, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for the Playground Equipment Enhancement and Safety Surfacing (Long Canyon Park). Attachments: Agenda Report Agreement - Temecula Creek Trail Park Agreement - Redhawk Park Agreement - Calle Aragon Park Agreement - Long Canyon Park Approve Second Amendment to Agreement with CASC Engineering and Consulting for NPDES Commercial and Industrial Inspections Recommendation: That the City Council approve the second amendment to the agreement with CASC Engineering and Consulting for NPDES commercial and industrial inspections, to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $60,000, for a total agreement amount of $119,970. Attachments: Agenda Report Second Amendment Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program Fiscal Year 2021-22, PW22-02 Recommendation: Attachments: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program - Fiscal Year 2021-22, PW22-02, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit & Final Release Page 5 City Council Agenda April 25, 2023 13. 14. 15. Accept Improvements and File the Notice of Completion for Sidewalks - DLR Drive Project, PW19-18 Recommendation: That the City Council: 1. Accept the improvements for the Sidewalks - DLR Drive Project, PW 19-18, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit & Final Release Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center Splash Pad and Shade Structure Project, PW21-07; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Rendering Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY Page 6 City Council Agenda April 25, 2023 RESOLUTION NO. 2023-17 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, AND BY RESOLUTION NOS. 2023-17, 2023-20, 2023-26, and 2023-29 FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST Attachments: Agenda Report Resolution 16. Receive and File Temporary Street Closures for the Kent Hintergardt 30th Anniversary Memorial Recommendation: That the City Council receive and file the temporary closure of certain streets for the Kent Hintergardt 30th Anniversary Memorial. Attachments: Agenda Report FXI,;h;t A RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 7 City Council Agenda April 25, 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 included into the record. 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. 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 included into the record. 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. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 17. Approve Action Minutes of April 11, 2023 Recommendation: That the Board of Directors approve the action minutes of April 11, 2023. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, May 9, 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 April 25, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL 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 included into the record. 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. 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 / CITY COUNCIL 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 included into the record. 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. 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. 18. Approve Action Minutes of April 11, 2023 Recommendation: That the Board of Directors approve the action minutes of April 11, 2023. Attachments: Action Minutes 19. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. Page 9 City Council Agenda April 25, 2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - ALTAIR RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - ALTAIR Attachments: Agenda Report City Council Resolution TPFA Resolution Deposit/Reimbursement Agreement TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, May 9, 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 10 City Council Agenda April 25, 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 included into the record. 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. 20. Approve Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Annual Action Plan Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2023-2024 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FINDING THAT THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT PURSUANT TO 24 CFR 58.34(A) (1) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262 AND 15378(B)(4) Page 11 City Council Agenda April 25, 2023 Attachments: Agenda Report Resolution Exhibit A Notice of Public Hearing DEPARTMENTAL REPORTS (RECEIVE AND FILE) 21. City Council Travel/Conference Report Attachments: Agenda Report Itinerary 22. Communi . Development Department Monthly Report Attachments: Agenda Report PlanningActivity Report 23. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 24. Police Department Monthly Report Attachments: Agenda Report 25. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. 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. CITY MANAGER REPORT Page 12 City Council Agenda April 25, 2023 CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, May 9, 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 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 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 APRIL 11, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for DMV/Donate Life Month Presentation of Proclamation for Innovation Month ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Bob Kowell • James Hill • Janice & Jim Richardson • Ross Jackson • Steve Kim • Mick Sobczak CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda 2. 3. 4. 5. 6. Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Approve Action Minutes of March 28, 2023 Recommendation: That the City Council approve the action minutes of March 28, 2023. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley Recommendation: That the City Council approve the amended and restated office lease and memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same. Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN ADDRESSING POLICY FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE PLANNING PROJECT NO. LR23-0110) Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick, Inc., for Engineering Plan Check Services Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000. 2 7. Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans) Recommendation: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans). 8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley ParkwU Improvements - Phase II, PW16-01 Recommendation: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01. 9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 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, AND BY RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST, AND TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS RECESS: At 6:58 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 7:03 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT 3 ADJOURNMENT At 7:03 PM, the City Council meeting was formally adjourned to Tuesday, April 25, 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] ACTION MINUTES TEMECULA CITY COUNCIL SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 11, 2023 - 10:00 AM CALL TO ORDER at 10:00 AM: Mayor Zak Schwank FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Ed Dool PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Ron Parent • Matthew Moore • Amanda Lane • Shawn Owens • Carlos Palma • Megan Hadden • Ryan Parent All electronic comments received were made a part of the record of the meeting. PUBLIC HEARING 1. Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission Recommendation: That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section 17.03.085. Motion to confirm the decision of the Planning Commission. (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. ADJOURNMENT At 1:38 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 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] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: April 25, 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 $ 3,283,397.91. 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 25th day of April, 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 25th day of April, 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 03/29/2023 TOTAL CHECK RUN: $ 1,219,438.38 03/30/2023 TOTAL CHECK RUN: 644,177.63 04/04/2023 TOTAL CHECK RUN: 737,682.88 04/06/2023 TOTAL CHECK RUN: 42,511.43 03/30/2023 TOTAL PAYROLL RUN: 639,587.59 TOTAL LIST OF DEMANDS FOR 04/25/2023 COUNCIL MEETING: $ 3,283,397.91 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL FUND 1,221,187.87 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 660.80 140 COMMUNITY DEV BLOCK GRANT 9,260.62 165 AFFORDABLE HOUSING 6,245.58 190 TEMECULA COMMUNITY SERVICES DISTRICT 335,546.18 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,951.45 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,953.30 197 TEMECULA LIBRARY FUND 5,325.81 210 CAPITAL IMPROVEMENT PROJECTS FUND 907,916.93 300 INSURANCE FUND 4,086.10 305 WORKERS' COMPENSATION 4,086.17 320 INFORMATION TECHNOLOGY 80,836.99 330 SUPPORT SERVICES 14,477.28 340 FACILITIES 19,932.87 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 437.44 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 234.16 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 81.00 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 108.58 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 508.53 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 323.03 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 494.16 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 23,028.63 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 96.20 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 207.16 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 90.16 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 108.00 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 395.00 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 289.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 27.00 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 61.60 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 684.42 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 117.08 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2,328.00 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 61.60 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 27.00 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 147.72 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 27.00 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 432.00 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 27.00 DISBURSEMENTS BY FUND: PAYROLL 001 GENERAL FUND 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 SUPPORT SERVICES 340 FACILITIES 384,324.72 582.76 591.51 3,973.11 177,863.73 1,368.71 209.71 4,414.71 2,946.08 2,946.03 46,434.07 4,310.10 9,622.35 $ 2,643,810.32 639,587.59 TOTAL BY FUND: $ 3,283,397.91 apChkLst Final Check List Page: 1 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14821 3/15/2023 000246 PERS EMPLOYEES RETIREMENT 14872 3/16/2023 000444 INSTATAX EDD 14873 3/16/2023 000283 INSTATAX IRS 14888 3/24/2023 000262 RANCHO CALIF WATER DISTRICT Description PERS RETIREMENT PAYMENT Amount Paid Check Total 146,008.54 146,008.54 STATE TAX PAYMENT 40,469.25 40,469.25 FEDERAL TAX PAYMENT 120,702.93 120,702.93 VARIOUS WATER FEBRUARY BATCH 2 6,099.01 6,099.01 Grand total for UNION BANK: 313,279.73 Page:1 apChkLst Final Check List Page: 2 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 504280 3/30/2023 013015 ALWAYS RELIABLE BACKFLOW, BACKFLOW TEST: PRESLEY SLOPE 27.00 AKA NANETTE SEMAN BACKFLOW TESTS: PARKS: PW 54.00 BACKFLOW TESTS: VARIOUS MEDV 162.00 BACKFLOW REPLACEMENT: VAIL R/ 2,050.00 BACKFLOW REPAIR: VARI LOCATIOP 1,907.00 BACKFLOW TESTING: VARIOUS LOC 945.00 BACKFLOW TEST: VARIOUS LOC: P\ 189.00 5,334.00 504281 3/30/2023 023030 ARJONA, GLORIA STTLMNT: BRAZILIAN & LATIN JAZZ 938.44 938.44 3/17 504282 3/30/2023 021400 AYERS ELECTRIC INC ELECTRICAL SVCS: CIVIC CTR: PW 950.00 ELECTRICAL SVCS: CIVIC CTR: PW 200.00 ELECTRICAL SVCS: CIVIC CTR: PW 1,700.00 ELECTRICAL SVCS: CIVIC CTR: PW 600.00 ELECTRICAL SVCS: CIVIC CTR: PW 250.00 ELECTRICAL SVCS: CIVIC CTR: PW 200.00 ELECTRICAL SVCS: CIVIC CTR: PW 350.00 4,250.00 504283 3/30/2023 017149 B G P RECREATION INC TCSD INSTRUCTOR EARNINGS 1,043.00 TCSD INSTRUCTOR EARNINGS 737.55 TCSD INSTRUCTOR EARNINGS 1,244.16 TCSD INSTRUCTOR EARNINGS 2,822.40 TCSD INSTRUCTOR EARNINGS 2,366.70 8,213.81 504284 3/30/2023 022719 BAKER ELECTRIC, & ELECTRIC DSGN SVCS ONLY: CA 5,000.00 5,000.00 RENEWABLES LLC ENERGY GRANT 504285 3/30/2023 023240 BEARD, RYAN, DBA SPORTS TCSD INSTRUCTOR EARNINGS 294.00 SAINTS TCSD INSTRUCTOR EARNINGS 1,249.50 TCSD INSTRUCTOR EARNINGS 598.50 TCSD INSTRUCTOR EARNINGS 588.00 TCSD INSTRUCTOR EARNINGS 367.50 TCSD INSTRUCTOR EARNINGS 882.00 TCSD INSTRUCTOR EARNINGS 514.50 TCSD INSTRUCTOR EARNINGS 918.71 TCSD INSTRUCTOR EARNINGS 471.63 TCSD INSTRUCTOR EARNINGS 1,102.50 TCSD INSTRUCTOR EARNINGS 1,228.50 TCSD INSTRUCTOR EARNINGS 945.00 TCSD INSTRUCTOR EARNINGS 808.50 TCSD INSTRUCTOR EARNINGS 220.50 10.189.34 Paget apChkLst Final Check List Page: 3 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504286 3/30/2023 022948 BRYANT. ROBERT 504287 3/30/2023 004462 CDW LLC, DBA CDW GOVERNMENT LLC 504288 3/30/2023 021133 CNS ENGINEERS INC (Continued) Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS MISC SMALL TOOLS & EQUIP: INFO TECH MISC SMALL TOOLS & EQUIP: INFO' DIAGRAM SOFTWARE: INFO TECH/F MISC SMALL TOOLS & EQUIP: INFO MISC SMALL TOOLS & EQUIP: IT 12/3-2/24 ENG SVCS: OVRLND BR PW 16-05 504289 3/30/2023 000442 COMPUTER ALERT SYSTEMS APR-JUN ALARM SYS MONITORING: FIRE DEPT ALARM MONITORING: SOMMERS BE ALARM MONITORING: SOMMERS BE ALARM MONITORING: SOMMERS BE ALARM MONITORING: PARKING GAF 504290 3/30/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: PARKS: PW HVAC INC 504291 3/30/2023 011870 CRIME SCENE STERI CLEAN BIO-HAZARD CLEAN UP: TEM SHERIFF LLC 504292 3/30/2023 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21 BUILDERS 504293 3/30/2023 003945 DIAMOND ENVIRONMENTAL SRVCS 504294 3/30/2023 004192 DOWNS ENERGY FUEL 504295 3/30/2023 002577 ENGINEERING RESOURCES, OF SOUTHERN CALIF INC PORTABLE RESTROOMS: AULD RD ADA RESTROOM: MORAGA RD FUEL FOR CITY VEHICLES: POLICE FUEL FOR CITY VEHICLES: LAND DE FUEL FOR CITY VEHICLES: INFO TE, FUEL FOR CITY VEHICLES: STREET FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC FUEL FOR CITY VEHICLES: PARKS h FUEL FOR CITY VEHICLES: CIP: PW FUEL FOR CITY VEHICLES: FIRE DEI ENG SVCS: MURR CRK REG SPORTS PRK Amount Paid 134.40 735.00 588.00 1,346.80 435.12 165.76 504.00 134.40 40.43 237.02 171.32 775.64 1,347.23 27,021.85 405.00 120.00 225.00 120.00 180.00 684.00 850.00 212,911.95 133.21 325.76 111.94 60.08 49.76 1,432.51 129.16 358.20 1,591.21 272.02 275.07 21,462.00 Check Total 4,043.48 2,571.64 27,021.85 1,050.00 684.00 850.00 212,911.95 458.97 4,279.95 21,462.00 Page:3 apChkLst 03/29/2023 10:05:01AM Final Check List CITY OF TEMECULA Page: 4 Bank : eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504296 3/30/2023 009618 ENNIS FLINT INC MISC PAINT SUPPLIES: STREETS: PW 4,682.09 4,682.09 504297 3/30/2023 003747 FINE ARTS NETWORK AKA TICKET SALES ADVANCE: 10,000.00 10,000.00 THEATRE, CO AND BALLET SPONGEBOB THEATER 504298 3/30/2023 014865 FREIZE UHLER KIMBERLY DBA, SANTA GERTRUDIS CRK PED/BIKE 1,931.52 1,931.52 CLEAR BLUE PROMOTIONS 504299 3/30/2023 022865 EMPLOYEE #00571 REIMB: TEAM PACE 67.70 67.70 504300 3/30/2023 010028 GOFORTH & MARTI, DBA GM OFFICE CHAIRS: INFO TECH 995.75 995.75 BUSINESS INTERIORS 504301 3/30/2023 004890 GOLDEN STATE FIRE ANNUAL SPRINKLER INSPECTIONS: 700.00 PROTECTION TCC ANNUAL SPRINKLER INSPECTIONS: 700.00 ANNUAL SPRINKLER INSPECTIONS: 700.00 2,100.00 504302 3/30/2023 003792 GRAINGER MISC STAGE SUPPLIES: THEATER 93.61 93.61 504303 3/30/2023 020908 EMPLOYEE #00527 REIMB: MUNIS TRAINING 03/14/23 96.94 96.94 504304 3/30/2023 001135 HEALTHPOINTE MEDICAL MEDICAL SCREENINGS: HR 2,840.00 2,840.00 GROUP INC, DBA FIRST CARE INDUSTRIA 504305 3/30/2023 022671 JFL ELECTRIC INC CNSTRCTN CONTRACT SVCS: FIBER 112,669.05 OPTIC SYS CNSTRCTN CONTRACT SVCS: FIBEI 134,249.64 CNSTRCTN CONTRACT SVCS: FIBEI -315,411.04 CNSTRCTN CONTRACT SVCS: FIBEI 84,703.94 CNSTRCHN CONTRACT SVCS: FIBE 32,940.30 49,151.89 504306 3/30/2023 003726 LIFE ASSIST INC MEDICAL SUPPLIES: MEDIC: FIRE 127.68 127.68 504307 3/30/2023 022664 MARIPOSATREE TREE SVCS: S-08 VILLAGES SLOPE: 22,785.63 22,785.63 MANAGEMENT INC PARKS 504308 3/30/2023 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 1,386.00 MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS 1,478.40 2,864.40 504309 3/30/2023 004951 MIKE'S PRECISION WELDING DUMP TRAILER REPAIR: STREET 350.00 INC MAINT METAL FABRICATION: PARKING GAF 200.00 550.00 Page:4 apChkLst Final Check List Page: 5 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504310 3/30/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CENTER 22.75 INC ELECTRICAL SUPPLIES: PARKS: PW 384.54 ELECTRICAL SUPPLIES: CIVIC CTR 179.22 LIGHTING SUPPLIES: HARVESTON: 934.26 ELECTRICAL SUPPLIES: PARKS: PW 57.32 ELECTRICAL SUPPLIES: PARKS: PW 83.74 ELECTRICAL SUPPLIES: PARKS: PW 391.50 2,053.33 504311 3/30/2023 004040 MORAMARCO ANTHONY J, 2ND SATURDAY: SPECIAL EVENTS: 400.00 DBA BIGFOOT GRAPHICS TCSD COMMUNITY MURAL PROJ: TCSD 700.00 TCSD INSTRUCTOR EARNINGS 113.40 ACTIVITY GUIDE GRAPHIC: TCSD 1,200.00 TEMPORARY TATTOOS: SPECIAL Eb 150.00 2,563.40 504312 3/30/2023 004490 MUSCO SPORTS LIGHTING LLC LIGHTING EQUIP: PARKS: PW 426,735.00 426,735.00 504313 3/30/2023 002925 NAPAAUTO PARTS AUTO PARTS: STREET MAINT: PW 32.60 AUTO PARTS: STREET MAINT: PW 162.40 195.00 504314 3/30/2023 022599 NIEVES LANDSCAPE INC IRRIGATION REPAIRS: HELP CENTER 243.83 IRRIGATION REPAIRS: HARVESTON 501.79 IRRIGATION REPAIRS: CIVIC CENTE 207.78 TREE PLANTING: OLD TOWN: PW 250.00 IRRIGATION REPAIRS: SOMMERS P/ 171.93 IRRIGATION REPAIRS: HARVESTON 222.47 IRRIGATION REPAIRS: HARVESTON 224.61 IRRIGATION REPAIRS: HARVESTON 445.75 IRRIGATION REPAIRS: NICOLAS PAF 269.06 2,537.22 504315 3/30/2023 021998 OLD TOWN TIRE AND SERVICE BUS SVC: MPSC: TCSD 981.71 INC VEHICLE MAINT: HOMELESS OUTRE 97.60 1,079.31 Page:5 apChkLst Final Check List Page: 6 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504316 3/30/2023 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SVCS: STREET MAINT: PW 19.53 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/ TOWEL RENTALS: LIB 19.88 FLOOR MATS/TOWEL RENTALS: TC( 14.32 FLOOR MATS/TOWEL RENTALS: TVI\ 12.74 UNIFORM SERVICES: STREET MAIN 316.99 UNIFORM SERVICES: PARK MAINTE 4.62 UNIFORM SVCS: STREETS MAINT: F 47.06 FLOOR MATS/TOWEL RENTALS: IW7 22.73 FLOOR MATS/TOWEL RENTALS: THE 9.89 UNIFORM SVCS: PARKS MAINT: PW 4.62 CREDIT: UNIFORM SVCS -273.90 FLOOR MATS/TOWEL RENTALS: FO( 10.28 UNIFORM SVCS: PARKS MAINT: PW 68.53 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/TOWEL RENTALS: SEl' 24.52 UNIFORM SERVICES: PARKS MAINT 4.62 369.33 504317 3/30/2023 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: LIBRARY 277.13 DISTRIBUTOR MISC HVAC SUPPLIES: TVE2 166.00 MISC HVAC SUPPLIES: LIBRARY 45.06 MISC HVAC SUPPLIES: CIVIC CTR 93.73 581.92 504318 3/30/2023 002412 RICHARDS WATSON AND FEB 2023 LEGAL SERVICES 177.00 GERSHON FEB 2023 LEGAL SERVICES 5,967.13 FEB 2023 LEGAL SERVICES 147.50 FEB 2023 LEGAL SERVICES 1,563.50 7,855.13 504319 3/30/2023 004274 SAFE AND SECURE LOCKSMITH SVCS: PARKS: PW 30.93 LOCKSMITH SRVC LOCKSMITH SVCS: PARKS: PW 71.21 102.14 504320 3/30/2023 007345 SDSU RESEARCH RADIO COMMUNICATION TOWER 7,274.36 7,274.36 FOUNDATION LEASE: IT 504321 3/30/2023 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 3/16 392.00 392.00 504322 3/30/2023 020545 SOCIAL WORK ACTION GROUP FEB HOMELESS/STREET OUTREACH: 20,781.10 20,781.10 TCSD 504323 3/30/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT: PW 21,636.78 21,636.78 504324 3/30/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 497.78 497.78 504325 3/30/2023 021603 TITAN RENTALS GROUP INC, RENTALS: SPECIAL EVENTS: TCSD 424.21 424.21 TITAN TENT & EVENT RENTAL Page:6 apChkLst Final Check List Page: 7 03/29/2023 10:05:01AM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504326 3/30/2023 018147 WADDLETON. JEFFREY L 504327 3/30/2023 020275 WALLACE & ASSOC CONSULTING LLC, ANSER ADVISORY MNGMT LLC (Continued) Description DJ/MC SOUND SVCS: SPECIAL EVENTS DJ SVCS: SKATE PARK JAMS: CRC: CONSTRUCTION INSP SVCS: PW21-06 Amount Paid 525.00 525.00 2,484.00 Grand total for EFT UNION BANK: Check Total 1,050.00 2,484.00 906,158.65 Page:7 apChkLst Final Check List Page: 8 03/29/2023 10:05:01AM CITY OF TEMECULA 52 checks in this report. Grand Total All Checks: 1,219,438.38 Page:8 apChkLst Final Check List Page: 1 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211874 3/30/2023 004422 AMERICAN BATTERY CORPORATION, DBA AMERICAN BATTERY SUP 211875 3/30/2023 011954 BAKER AND TAYLOR INC 211876 3/30/2023 020574 BATTERY SYSTEMS INC 211877 3/30/2023 003138 CAL MAT, DBA VULCAN MATERIALS CO 211878 3/30/2023 004241 CALIF DEPT OF STATE ARCHITECT 211879 3/30/2023 004241 CALIF DEPT OF STATE ARCHITECT Description BATTERIES: PBSP: PARKS BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCS BOOK COLLECTIONS: RHRTPL: TCS TRAFFIC SIGNAL EQUIP ENHANCE PRGM ASPHALT SUPPLIES: STREET MAINT:PW ASPHALT SUPPLIES: STREET MAINI REMITTANCE OF AB1379 - QE DEC 2022 REMITTANCE OF SB1186 - QE DEC 2022 211880 3/30/2023 004971 CANON FINANCIAL SERVICES MAR COPIERS LEASE: LIBRARY INC 211881 3/30/2023 018828 CASC ENGINEERING AND, CONSULTING INC 211882 3/30/2023 005417 CINTAS PROTECTION NO 2, CINTAS FIRE 636525 211883 3/30/2023 013379 COSSOU, CELINE JAN ENG SVCS: CATCH BASIN ANALYSIS FEB ENG SVCS: CATCH BASIN ANAL FIRE EXTINGUISHER INSPEC: CHILDREN MUSEU FIRE EXTINGUISHER INSPECTION: FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: ( FIRE EXTINGUISHER INSPEC: SOMA FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTIONS: FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: \ FIRE EXTINGUISHER INSPECTION: P FIRE EXTINGUISHER INSPECTION: - FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION:, FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: I FIRE EXTINGUISHER INSPECTION: - TCSD INSTRUCTOR EARNINGS Amount Paid 98.18 10.17 120.96 8.27 9,205.69 489.59 254.09 1,255.60 0.90 671.56 3,503.50 872.50 54.34 190.50 54.34 32.24 601.04 41.08 72.02 166.75 72.81 58.76 191.62 182.39 58.76 54.34 36.66 89.70 89.70 350.00 Check Total 98.18 139.40 9,205.69 743.68 1,255.60 0.90 671.56 4.376.00 2,047.05 350.00 Page:1 apChkLst 03/30/2023 3:05:06PM Final Check List CITY OF TEMECULA Page: 2 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211884 3/30/2023 017038 CPS HR CONSULTING CLASSIFICATION STUDY: HR 5,500.00 5,500.00 211885 3/30/2023 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 33.16 33.16 211886 3/30/2023 012600 DAVID EVANS AND DSGN SVCS: DEMO GARDEN MIKE 1,061.00 ASSOCIATES INC NAGGAR PRK ENG DSGN SVCS: HOCKEY RINK: RI 10,629.50 ENG SVCS: SANTA GERTRUDIS CRI< 617.00 FEB DSGN SVCS: DIAZ RD PROJ PV\ 3,967.00 16,274.50 211887 3/30/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: THEATER: TCSD 41.32 EXPRESS MAIL SVCS: TCSD 14.09 55.41 211888 3/30/2023 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 126.40 126.40 THEATER 211889 3/30/2023 009608 GOLDEN VALLEY MUSIC CLASSICS @ THE MERC 3/12 & 3/26 388.50 388.50 SOCIETY, DBA CA CHAMBER ORCHESTRA 211890 3/30/2023 023252 GOSCH, MARC ENG REFUNDABLE DEPOSIT: 3,000.00 3,000.00 LD19-2008 211891 3/30/2023 001013 HINDERLITER DE LLAMAS & JAN-MAR SALES TAX & RECOVERY 5,533.01 5,533.01 ASSOC SVCS 211892 3/30/2023 003198 HOME DEPOT HARDWARE SUPPLIES: CIVIC CTR 92.18 92.18 211893 3/30/2023 012342 INLAND CUTTER SERVICE INC PAPER FOLDER MAINT: CENTRAL 425.00 425.00 SVCS 211894 3/30/2023 000750 INTOXIMETERS INC ASIV MOUTHPIECES: TEM SHERIFF 209.02 209.02 211895 3/30/2023 023210 JAVIER I GONZALEZ, DBAJ HVAC SUPPLIES: PBSP RENOVATION 1,344.15 QUALITY CONTROLS HVAC SUPPLIES: CRC 83.74 1,427.89 211896 3/30/2023 016257 KELLY SPICERS INC, DBA MISC PAPER SUPPLIES: CENTRAL 1,691.86 KELLY SPICERS STORES SVCS MISC PAPER SUPPLIES: CENTRAL S 294.79 1,986.65 211897 3/30/2023 017118 KRACH BREE B, DBA PLAQUES: PLANNING COMMISSION 93.53 TEMECULA TROPHY & DES RIC TAGS/PLATES: FIRE DEPT 43.50 RIC TAGS: STATIONS: FIRE 73.41 EMPLOYEE RECOGNITION AWARDS 81.56 292.00 211898 3/30/2023 013982 M C I COMM SERVICE MAR &DK89878 XXX-0714 USAGE MALL 39.53 PD MAR 7DK90589 XXX-0346 GEN USAC 37.59 77.12 Paget apChkLst Final Check List Page: 3 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211899 3/30/2023 016705 MADD SOUTHERN CALIFORNIA SPONSORSHIP: WALK LIKE MADD: HR 500.00 500.00 211900 3/30/2023 000394 MAINTENANCE MEMBERSHIP RENEWAL: STREETS: 90.00 SUPERINTENDENT, PW ASSOCIATION MEMBERSHIP RENEWAL: STREETS: 75.00 165.00 211901 3/30/2023 000249 PETTY CASH PETTY CASH REIMBURSEMENT 524.15 524.15 211902 3/30/2023 023118 POULIOT, BLAKE THEATER PERFORMANCE: 10/29/22 5,500.00 5,500.00 211903 3/30/2023 002072 RANCHO CALIF WATER DIST RECYCLED WATER RETROFIT FEES: 11,000.00 11,000.00 -FEES PW21-04 211904 3/30/2023 023271 REGENTS OF THE UNIVERSITY sexual assault exam: tern sheriff 911.00 911.00 CA, SANTA MONICA UCLA MEDICAL 211905 3/30/2023 022494 REVZILLA MOTORSPORTS LLC, UNIFORM SUPPLIES: TEM SHERIFF 640.80 640.80 DBA REVZILLA.COM 211906 3/30/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILINGS: CIP: PW17-28 50.00 RECORDER CEQA FILINGS: CIP: PW19-09 50.00 CEQA FILINGS: CIP: PW21-03 50.00 CEQA FILING: CIP: PW22-08 50.00 200.00 211907 3/30/2023 004822 RIVERSIDE TRANSIT AGENCY FEB TROLLEY SVCS: CITY MGR 2,198.60 DEC TROLLEY SVCS: CITY MGR 2,198.60 4,397.20 211908 3/30/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: SPECIAL 175.00 175.00 PRESTON GAMES 3/18 211909 3/30/2023 022929 SCP DISTRIBUTORS LLC, DBA MISC POOL SUPPLIES: AQUATICS 795.98 LINCOLN AQUATICS MISC POOL SUPPLIES: AQUATICS: F -150.00 645.98 211910 3/30/2023 014818 SKYFIT TECH INC FITNESS CENTER MAINT SVCS: RISK 195.00 195.00 211911 3/30/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: DUCK POND 49.00 CONTROL INC PEST CONTROL SVCS: CALLE ARAC 94.00 PEST CONTROL SVCS: HARVESTON 95.00 PEST CONTROL SVCS: THEATER: P) 90.00 PEST CONTROL SVCS: CIVIC CTR 120.00 448.00 211912 3/30/2023 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 6,320.00 TCSD INSTRUCTOR EARNINGS 6,320.00 12,640.00 Page:3 apChkLst 03/30/2023 3:05:06PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211913 3/30/2023 009061 STURDIVANT, ANGELA P TCSD INSTRUCTOR EARNINGS 269.50 269.50 211914 3/30/2023 023251 SWEET, ALLEN ENG REFUNDABLE DEPOSIT: 6,500.00 6,500.00 LD20-3447 211915 3/30/2023 020911 T MOBILE USA INC GPS LOCATE: TEM SHERIFF 100.00 GPS LOCATE: TEM SHERIFF 25.00 125.00 211916 3/30/2023 003599 T Y LIN INTERNATIONAL 1/28-3/3 CONSULT: FV PKWY/1-15: PH II 7,378.92 ENG & CONSULT SVCS: FVP PH 11 9,734.92 17,113.84 211917 3/30/2023 023262 TAYLOR MORRISON OF CALIF REFUNDABLE DEPOSIT: LD20-1439 35,500.00 35,500.00 LLC 211918 3/30/2023 003677 TEMECULA MOTORSPORTS VEHICLE MAINT & REPAIR: POLICE 989.92 989.92 LLC 211919 3/30/2023 000515 TEMECULA VALLEY CHAMBER TVCC SPONSORSHIP FUNDS: ECON 50,000.00 50,000.00 OF, COMMERCE DEV 211920 3/30/2023 000306 TEMECULA VALLEY PIPE & CONTRUCTION MATERIALS: STREET 6,765.12 6,765.12 SUPPLY MAINT 211921 3/30/2023 002452 TOP LINE INDUSTRIAL, MISC SUPPLIES: STREET MAINT: PW 40.15 40.15 PRODUCTS INC 211922 3/30/2023 022046 TURBOSCAPE INC LANDSCAPE ENHANCEMENT: 36,580.00 36,580.00 MEDIANS: PARKS 211923 3/30/2023 000161 TYLER TECHNOLOGIES INC MUNIS MIGRATION SVCS: FINANCE 10,500.00 MUNIS MIGRATION SVCS: FINANCE 2,800.00 13,300.00 211924 3/30/2023 002702 USPS POC, ACCOUNT JAN '23 POSTAGE METER DEPOSIT 2,996.27 8089685 FEB '23 POSTAGE METER DEPOSIT 2,397.34 5,393.61 211925 3/30/2023 007987 WALMART MISC SUPPLIES: CRC: TCSD 38.18 SUPPLIES: SKATE PARK: CRC 50.47 MISC SUPPLIES: EASTER HUNT: TC 2,098.04 MISC SUPPLIES: SPECIAL EVENTS: 27.44 2,214.13 211926 3/30/2023 023264 WINSUPPLY VISTA CA CO, DBA ELECTRICAL SUPPLIES: CIVIC CTR 113.08 113.08 ELECTRICAL SALES INC Grand total for UNION BANK: 267,155.38 Page:4 apChkLst Final Check List Page: 5 03/30/2023 3:05:06PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504328 3/30/2023 003747 FINE ARTS NETWORK AKA THEATRE, CO AND BALLET THEATER Description Amount Paid Check Total STTLMNT: THE SPONGEBOB MUSICAL 19,538.25 19,538.25 Grand total for EFT UNION BANK: 19,538.25 Page:5 apChkLst Final Check List Page: 6 03/30/2023 3:05:06PM CITY OF TEMECULA 54 checks in this report. Grand Total All Checks: 286,693.63 Page.-6 apChkLst Final Check List Page: 1 03/30/2023 3:06:09PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 14887 3/20/2023 020062 MEDLINE INDUSTRIES LP Description QE DEC 2022 SALES TAX PHS Amount Paid 357,484.00 Grand total for UNION BANK: Check Total 357,484.00 357,484.00 Page:1 apChkLst Final Check List Page: 2 03/30/2023 3:06:09PM CITY OF TEMECULA checks in this report. Grand Total All Checks: 357,484.00 Paget apChkLst Final Check List Page: 1 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description 14846 3/2/2023 000246 PERS EMPLOYEES PERS RETIREMENT PAYMENT RETIREMENT 14877 3/23/2023 000246 PERS EMPLOYEES PERS RETIREMENT PAYMENT RETIREMENT 14890 3/30/2023 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT SUPPORT 14891 3/30/2023 021301 1 C M A RETIREMENT PLAN ICMA- 401(A) RETIREMENT PLAN 106474 PAYMENT 14892 3/30/2023 000194 1 C M A RETIREMENT PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 14893 3/30/2023 000444 INSTATAX EDD STATE TAX PAYMENT 14894 3/30/2023 000283 INSTATAX IRS FEDERAL TAX PAYMENT 14895 3/30/2023 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT SOLUTION 14896 3/30/2023 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 14897 3/30/2023 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT SOLUTION PAYMENT Amount Paid Check Total 147,384.57 147,384.57 147, 560.67 147, 560.67 138.92 138.92 384.62 384.62 17,625.31 17,625.31 35,665.48 35,665.48 108, 793.84 108,793.84 14,471.21 14,471.21 427.79 427.79 4,104.62 4,104.62 Grand total for UNION BANK: 476,557.03 Page:1 apChkLst Final Check List Page: 2 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504329 4/6/2023 013015 ALWAYS RELIABLE BACKFLOW, AKA NANETTE SEMAN Description Amount Paid BACKFLOW TESTING: VARI FACILITIES 864.00 BACKFLOW REPAIR: NAKAYAMA PAI BACKFLOW TEST: VARIOUS SLOPE 504330 4/6/2023 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: PLANNING: INC BLDG & SAFE MISC MAINT SUPPLIES: STREETS: F MISC OFC SUPPLIES: CIP: PW 504331 4/6/2023 004240 AMERICAN FORENSIC NURSES MAY STAND BY FEE: POLICE AFN DRUG/ALCOHOL ANALYSIS: TEM SF DRUG/ALCOHOL ANALYSIS: TEM SF 504332 4/6/2023 021400 AYERS ELECTRIC INC ELECTRICAL MAINT SVCS: CROWN HILL ELECTRICAL MAINT SVCS: RRSP 504333 4/6/2023 022917 EMPLOYEE #00621 REIMB: MILEAGE: MUNIS TRAINING 504334 4/6/2023 022651 BRAND ASSASSINS OLD TOWN TEM WAYFINDING SIGNAGE 504335 4/6/2023 011421 BRODART CO BOOK COLLECTIONS: RHRTPL: TCSD BOOK COLLECTIONS: RHRTPL: TCS 504336 4/6/2023 022670 BROWN JAMAL DEON, DBA TCSD INSTRUCTOR EARNINGS JDB TRAINING TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504337 4/6/2023 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504338 4/6/2023 021230 CONSOLIDATED ELECTRICAL STREET LIGHT GLOBE: PW DISTR, DBA CALIF ELECTRIC SUPPLY 504339 4/6/2023 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 504340 4/6/2023 008289 EMPLOYEE #00512 REIMB: SMAF/SCPPOA WRKSHP 3/16 365.00 108.00 60.03 51.02 18.04 1,420.55 248.04 62.01 600.00 200.00 170.30 104.38 26.36 8.48 656.25 630.00 551.25 306.25 1,176.00 499.80 382.20 358.27 269.50 585.08 294.00 224.00 84.00 90.00 Check Total 1,337.00 129.09 1,730.60 800.00 170.30 104.38 34.84 2,143.75 2,685.77 585.08 602.00 90.00 Paget apChkLst Final Check List Page: 3 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504341 4/6/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 2,558.76 MAINT: PW FUEL FOR CITY VEHICLES: STREET 2,452.68 FUEL FOR CITY VEHICLES: TRAFFIC 324.83 FUEL FOR CITY VEHICLES: CIP: PW 244.66 FUEL FOR CITY VEHICLES: BLDG & 164.98 FUEL FOR CITY VEHICLES: CODE E 136.06 FUEL FOR CITY VEHICLES: LAND DI 110.62 FUEL FOR CITY VEHICLES: PARKS: 50.01 6,042.60 504342 4/6/2023 003342 HABITAT FOR HUMANITY, CDBG REIMB: WEBER 8,238.35 8,238.35 INLAND VALLEY INC 504343 4/6/2023 020908 EMPLOYEE #00527 REIMB: MUNIS TRAINING 03/30/23 77.29 77.29 504344 4/6/2023 006914 INNOVATIVE DOCUMENT FEB COPIER 5,583.06 SOLUTIONS MAINT/REPAIR/USAGE:CITYWIDE FEB COPIER MAINT/REPAIR/USAGE 398.79 5,981.85 504345 4/6/2023 013286 INTRADO LIFE & SAFETY INC FEB ENTERPRISES 911 SVC: INFO 300.00 300.00 TECH 504346 4/6/2023 000482 LEIGHTON CONSULTING INC MATUS TESTING SVCS: CRC RENO: 6,711.16 6,711.16 PW19-17 504347 4/6/2023 022664 MARIPOSATREE TREE SVCS: ROW: PARKS 1,663.14 MANAGEMENT INC TREE SVCS: ROW: PARKS 1,328.21 2,991.35 504348 4/6/2023 018675 MDG ASSOCIATES INC FEB ADA LABOR COMPLIANCE SVCS: 179.38 179.38 PW20-13 504349 4/6/2023 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 136.01 136.01 504350 4/6/2023 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 604.80 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 252.00 TCSD INSTRUCTOR EARNINGS 134.40 1,293.60 504351 4/6/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: PARKS: PW 557.47 INC ELECTRICAL SVCS: PARKS: PW 95.52 652.99 504352 4/6/2023 004040 MORAMARCO ANTHONY J, COMMUNITY MURAL PROJ: TCSD 700.00 DBA BIGFOOT GRAPHICS SIGNAGE: WELCOME CTR: TCSD 600.00 ISRAEL ART ACTIVITY: EVENTS: TC: 400.00 1,700.00 504353 4/6/2023 020946 MUSSON THEATRICAL INC MISC SUPPLIES: THEATER: TCSD 325.39 325.39 Page:3 apChkLst Final Check List Page: 4 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504354 4/6/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: PARKS: PW 1,422.21 INC VEHICLE REPAIRS: PARKS: PW 51.26 VEHICLE REPAIRS: PARKS: PW 35.03 VEHICLE REPAIRS: PARKS: PW 30.61 1,539.11 504355 4/6/2023 005075 PRUDENTIAL OVERALL FLOOR MATS/TOWEL RENTALS: TCC 14.32 SUPPLY FLOOR MATS/TOWEL RENTALS: TVI 12.74 UNIFORM SVCS: PARK MAINTENAN, 68.53 UNIFORM SVCS: PW STREET MAINS 47.06 FLOOR MATS/TOWEL RENTALS: CRC 31.45 FLOOR MATS/TOWEL RENTALS: LIB 19.88 UNIFORM SVCS: PW STREET MAINS 19.53 FLOOR MATS/TOWEL RENTALS: THI 9.89 UNIFORM SVCS: PARKS MAINT: PW 4.62 228.02 504356 4/6/2023 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: CIVIC CTR 327.12 327.12 DISTRIBUTOR 504357 4/6/2023 002412 RICHARDS WATSON AND FEB 2023 LEGAL SERVICES 531.00 531.00 GERSHON 504358 4/6/2023 021981 EMPLOYEE #00606 REIMB: LCW CONF 112.53 REIMB: RFRSHMNTS FOR INTERVIE 46.53 159.06 504359 4/6/2023 004274 SAFE AND SECURE LOCKSMITH SVCS: CODE 192.00 LOCKSMITH SRVC ENFORCEMENT LOCKSMITH SVCS: CODE ENFORCE 170.00 362.00 504360 4/6/2023 009213 SHERRY BERRY MUSIC STAND UP COMEDY @ THE MERC 3,858.75 3/25/23 STAND UP COMEDY @ THE MERC 3 1,350.00 JAZZ @ THE MERC 2/23 745.00 JAZZ @ THE MERC 3/23/23 540.00 6,493.75 504361 4/6/2023 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: PA21-0128: 1,068.75 PLNG SIGN POSTING SVCS: LR21-0279: PI 641.25 SIGN POSTING SVCS: PA22-0621: PI 213.75 SIGN POSTING SVCS: PA22-0293: PI 213.75 SIGN POSTING SVCS: PA21-1023: PI 213.75 2,351.25 504362 4/6/2023 021603 TITAN RENTALS GROUP INC, RENTALS: EMPLOYEE RECOG: TEAM 2,491.06 2,491.06 TITAN TENT & EVENT RENTAL PACE 504363 4/6/2023 017415 TK ELEVATOR CORPORATION ELEVATOR REPAIR: TVE2: PW 1,243.92 1,243.92 504364 4/6/2023 010046 TV CONVENTION &VISITORS JAN 23 BUS. IMPRV DISTRICTASMNTS 140,938.67 140,938.67 BUREAU, DBA VISIT TEMECULA VALLEY Page:4 apChkLst Final Check List Page: 5 04/04/2023 2:58:42PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504365 4/6/2023 018147 WADDLETON, JEFFREY L (Continued) Description TCSD INSTRUCTOR EARNINGS Amount Paid 1.121.40 Grand total for EFT UNION BANK: Check Total 1.121.40 202, 829.14 Page:5 apChkLst Final Check List Page: 6 04/04/2023 2:58:42PM CITY OF TEMECULA 47 checks in this report. Grand Total All Checks: 679,386.17 Page:6 apChkLst Final Check List Page: 1 04/04/2023 4:13:22PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 211927 4/3/2023 002185 US POSTAL SERVICE POSTAGE: TEMECULA BROCHURE: 8,433.84 8,433.84 TCSD 211928 4/4/2023 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD 187.79 BOOK COLLECTIONS: RHRTPL: TCS 124.36 BOOK COLLECTIONS: RHRTPL: TCS 33.44 BOOK COLLECTIONS: RHRTPL: TCS 24.15 369.74 211929 4/4/2023 021650 BALBOA PARK CULTURAL DAY CAMP EXCURSION: BALBOA TCSD 6,624.00 6,624.00 PARTNRSHP 211930 4/4/2023 001323 BLUETRITON BRANDS INC, WATER DELIVERY SVCS: PBSP 150.36 DBA READYREFRESH WATER DLVRY SVCS: TES POOL 40.43 190.79 211931 4/4/2023 023269 CALIFORNIA DINNER, SUMMER DAY CAMP 4,730.28 4,730.28 ENTERTAINMENT LLC EXCURSION:TCSD 211932 4/4/2023 019878 CERTIFIED ACCESS WEBINAR REGISTRATION: BLDG & 75.00 SPECIALIST, INSTITUTE SAFETY WEBINAR REGISTRATION: BLDG &! 35.00 110.00 211933 4/4/2023 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTION: 41.08 CINTAS FIRE 636525 TCC FIRE EXTINGUISHER INSPECTION:' 36.66 FIRE EXTINGUISHER INSPECTION: 1 36.66 114.40 211934 4/4/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: PLANNING 300.05 CALIFORNIA, INC MISC OFC SUPPLIES: PLANNING 267.38 MISC OFC SUPPLIES: PLANNING 135.48 MISC OFC SUPPLIES: CODE ENFOR 17.92 720.83 211935 4/4/2023 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT PAYMENT 50.00 50.00 211936 4/4/2023 014100 GODS FAN CLUB, DBA CC DISCRETIONARY FUNDS: JS 1,000.00 1,000.00 PROJECT TOUCH 211937 4/4/2023 020913 MINDTRAP ESCAPE ROOM ESCAPE ROOM: TEEN CAMP: CRC 840.00 840.00 211938 4/4/2023 004522 MULLIGANS FAMILY FUN EXCURSION: TEEN DAY CAMP: TCSD 815.82 815.82 CENTER, DBA MULLIGAN GROUP INC 211939 4/4/2023 022994 ROBINSON, KENT REIMB: PUBLICATIONS: BLDG & 67.39 67.39 SAFETY 211940 4/4/2023 014056 TEMECULA YOUTH BASEBALL REFUND: SEC DEP: SNACK BAR 400.00 400.00 Page:1 apChkLst Final Check List Page: 2 04/04/2023 4:13:22PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 211941 4/4/2023 022046 TURBOSCAPE INC 211942 4/4/2023 023055 VAN OTTERLOO INC (Continued) Description LANDSCAPE ENHANCEMENT: PARKS PW Amount Paid 31, 310.00 VEHICLE REPAIRS: STREET MAINT: 1,424.75 PW VEHICLE REPAIRS: STREET MAINT: 1,094.87 Grand total for UNION BANK: Check Total 31.310.00 2,519.62 58,296.71 Paget apChkLst Final Check List Page: 3 04/04/2023 4:13:22PM CITY OF TEMECULA 16 checks in this report. Grand Total All Checks: 58,296.71 Page:3 apChkLst 04/06/2023 4:48:15PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 211943 4/6/2023 015592 BAMM PROMOTIONAL STAFF APPAREL: PTS COMMISSION: 217.26 217.26 PRODUCTS INC PW 211944 4/6/2023 011348 BONCOR WATER SYSTEMS 03/30-04/26 WTR FILTER: FIRE STA 73 330.00 330.00 LLC, DBA SUNSHINE WATER SOFT 211945 4/6/2023 021251 CADENZA STRING FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 ORCHESTRA 211946 4/6/2023 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 633.40 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAINT 591.90 ASPHALT SUPPLIES: STREET MAINT 302.36 1,527.66 211947 4/6/2023 009640 CERTIFION CORP DBA MAR ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 211948 4/6/2023 023158 COMMERCIAL CLEANING BY JANITORIAL SVCS: MALL SUBSTATION: 814.77 814.77 ROGERS, SERVICEMASTER TEM SH COMMERCIAL 211949 4/6/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: STA 95: FIRE 159.22 159.22 CALIFORNIA, INC 211950 4/6/2023 012600 DAVID EVANS AND FEB DOG PARK RENOVATION: CIP: PW 8,680.67 8,680.67 ASSOCIATES INC 211951 4/6/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SVCS: PARKS: PW 20.92 EXPRESS MAIL SVCS: POLICE DEPI 20.63 EXPRESS MAIL SVCS: FIRE DEPT 16.59 EXPRESS MAIL SVCS: FIRE DEPT 8.74 66.88 211952 4/6/2023 018858 FRONTIER CALIFORNIA INC MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 MAR INTERNET SVCS: CIVIC CTR 101.95 1,019.50 211953 4/6/2023 012066 GEOCON WEST INC GEOTECHNICAL REVIEW: 3,000.00 3,000.00 WINCHESTER/DIAZ 211954 4/6/2023 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,602.75 1,602.75 Page:1 apChkLst 04/06/2023 4:48:15PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 211955 4/6/2023 000186 HANKS HARDWARE INC MISC SMALL TOOLS & EQUIP: CIP: PW 1,028.23 MISC MAINT SUPPLIES: PARKING S� 573.99 MISC MAINT SUPPLIES: TRAFFIC: P\ 448.29 MISC MAINT SUPPLIES: CIVIC CTR 188.65 2,239.16 211956 4/6/2023 003198 HOME DEPOT HARDWARE SUPPLIES: CIVIC CTR 292.39 HRDWR SUPPLIES: PARKS: PW 85.87 378.26 211957 4/6/2023 022569 INLAND FLEET SOLUTIONS INC VEHICLE REPAIRS: STREETS: PW 177.19 177.19 211958 4/6/2023 021896 JP HANDMADE CORP, DBA PRINT MEDIA: SPECIAL EVENTS: TCSD 537.54 MINUTEMAN PRESS BUSINESS CARDS: TCSD 308.52 BUSINESS CARDS: CODE ENFORCE 81.82 927.88 211959 4/6/2023 003076 MET LIFE INSURANCE DENTAL COBRA PAYMENT 419.14 419.14 COMPANY 211960 4/6/2023 022963 EMPLOYEE #00595 REIMB: TEAM PACE 410.92 410.92 211961 4/6/2023 017861 MYTHOS TECHNOLOGY INC APR-JUN MONITORING SVCS: TVE2 450.00 450.00 211962 4/6/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILINGS: PLANNING 50.00 50.00 RECORDER 211963 4/6/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: REDI MTG 2/9 450.00 450.00 PRESTON 211964 4/6/2023 013695 SHRED IT US JV LLC, IDEA DOCUMENT SHRED SVCS: CITY CLERK 31.04 31.04 SHRED IT USA LLC 211965 4/6/2023 014818 SKYFIT TECH INC FITNESS CENTER MAINT SVCS: RISK 185.00 185.00 211966 4/6/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: STA 95 854.00 CONTROL INC EMERGENCY PEST CONTROL SVCS 94.00 PEST CONTROL SVCS: LIBRARY 90.00 PEST CONTROL SVCS: JRC 74.00 PEST CONTROL SVCS: STA 12 74.00 PEST CONTROL SVCS: TVE2 56.00 PEST CONTROL SVCS: WEST WING 40.00 PEST CONTROL SVCS: SENIOR CEIN 29.00 1,311.00 211967 4/6/2023 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: CIP: PW 41.42 41.42 211968 4/6/2023 023221 SWCA INCORPORATED CONSULT SVCS: WILDFIRE 7,104.41 7,104.41 PROTECTION PLAN Paget apChkLst Final Check List Page: 3 04/06/2023 4:48:15PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 211969 4/6/2023 020911 T MOBILE USA INC GPS LOCATE: TEM SHERIFF 211970 4/6/2023 021932 TRENCH PLATE RENTAL CO SHORING EQUIP: STREET MAINT: PW 211971 4/6/2023 000339 WEST PUBLISHING MAR CLEAR SUBSCRIPTION: TEM CORPORATION, DBATHOMSON SHERIFF REUTERS 211972 4/6/2023 020193 WHITE CAP LP MISC SUPPLIES: PARKS: PW Amount Paid 100.00 4,524.05 1,053.45 39.80 Grand total for UNION BANK: Check Total 100.00 4,524.05 1,053.45 39.80 42,511.43 Page:3 apChkLst Final Check List Page: 4 04/06/2023 4:48:15PM CITY OF TEMECULA 30 checks in this report. Grand Total All Checks: 42,511.43 Page:4 tem No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 25, 2023 SUBJECT: Adopt Resolution Confirming the Decision of the Temecula Planning Commission to Revoke the Conditional Use Permit Issued to the Bank, Located at 28645 Old Town Front Street 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 CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH). The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A. A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023. On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached. On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment. On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank. The attached resolution sets forth the decision of the City Council as made at its April 11, 2023 meeting. It is recommended that the City Council adopt said resolution formally declaring its decision in the matter. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Exhibit A — OAH Proposed Decision 3. Record of Proceedings (City Council Agenda Packet) RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF THE TEMECULA PLANNING COMMISSION TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of Temecula does hereby find, determine and declare that: A. In November 2007, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Conditional Use Permit on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata aka Maureen Meardon. B. On January 3, 2008, the Planning Director approved Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type 41 ABC License (On -sale beer and wine -eating place) to a Type 47 ABC License (on -sale general) to authorize the sale of beer, wine and distilled spirits at the Bank. C. On October 9, 2008, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification Application on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. D. On October 9, 2008, the Planning Department approved Planning Application No. PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol at the Bank. E. On February 27, 2012, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. F. On February 28, 2012, the Planning Department approved Planning Application No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for dinner entertainment for the purpose of providing background music at the Bank. The February 28, 2012 approval contained additional conditions which called out certain hours of operation for the Bank. G. The Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008 (PA08-0236) and on February 28, 2012 (PA12-0041) is a single CUP and is referred to collectively hereinafter as "the Bank CUP". H. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil Penalty Notice and Orders to the CNC Puma Corporation due to violations of the Bank CUP including for violating approved operational hours beyond 11:00 p.m.; having excessive noise levels including with outside speakers over allowed noise levels; and failing to have a CUP for amplified music and live entertainment. I. On May 19, 2022, the Planning Director sent a notice to: (1) CNC Puma Corporation care of Brand Landon as the Agent for Service of Process; Craig Puma, the Bank; and Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising that he was recommending that the Bank CUP be revoked. The City subsequently sent a notice to Zip Third Investments, LLC, the entity who had become the successor in interest of the Property from the estate of Maureen Licata and advised that the Planning Director was recommending that the CUP be revoked. J. Consistent with Temecula Municipal Code§ 17.03.085, the revocation proceeding was held at a noticed public hearing before the State Office of Administrative Hearings with Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022. K. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein. L. On February 21, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third Investments, LLC and interested persons had an opportunity to and did comment on whether the Planning Commission should confirm, modify or overrule the proposed Order issued by Administrative Law Judge Nye -Perkins. CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Tyler Sherman of Cole Huber LLP and Rick Edwards of Rick Edwards, Inc. M. The Planning Commission after conducting the public hearing as prescribed by Temecula Municipal Code § 17.03.085 on February 21, 2023 adopted the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, subject to the following modifications, specifically finding that the permit holder of The Bank CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land. N. The Planning Commission's decision was confirmed by the adoption of PC Resolution No. 2023-04 adopted on March 1, 2023. O. On April 11, 2023, the Temecula City Council heard the appeals filed by both Zip Third Investments and The Bank from the Planning Commission's granting of Resolution No. 2023-04 that confirmed the decision of the Administrative Law Judge to revoke the CUP subject to modification as to the nature of the CUP held by The Bank. A duly noticed public hearing as N prescribed by law and in accordance with Temecula Municipal Code § 17.03.085 was conducted. At the public hearing, CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; and Zip Third Investments was represented by Rick Edwards of Cole Huber LLP. Section 2. Council Determination Upholding The Planning Commission Decision A. The City Council of the City of Temecula hereby upholds the decision of the Temecula City Planning Commission. By this action affirming the decision of the Planning Commission, the City Council is upholding and adopting the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, which is attached hereto as Exhibit "A" as if set forth in full, subject to the following modifications, finding that the permit holder of The Bank's CUP is CNC Puma Corporation, and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 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 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. 2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 12 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 0 citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order 7 letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 11 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. IT] ... M Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. In TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 19 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. 29 On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUPs, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they .l just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of lathes prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third M. also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 47 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." 5. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning i• commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 52 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coasta/Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. 54 ORDER The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 Debra D. Nye-?N-khf DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 55 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 11, 2023 SUBJECT: Conduct Hearing In the Matter of the Revocation of Conditional Use Permit For the Operation of The Bank and Consider Proposed Decision of the Office of Administrative Hearing Officer and Confirmation of Decision by Planning Commission PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council conduct a public hearing in the matter of the revocation of the conditional use permit ("CUP") for the operation of The Bank; consider the proposed decision of the Office of Administrative Hearing Officer as adopted with modification by the Planning Commission; and render a decision upholding or denying the proposed decision of the Planning Commission revoking the CUP. This hearing is proceeding under Temecula Municipal Code Section 17.03.085. BACKGROUND: The matter of the revocation of the conditional use permit of The Bank, was heard virtually on August 31, 2022 and September 1, 2022, before Administrative Law Judge Debra D. Nye -Perkins, with the Office of Administrative Hearings (OAH). The matter was closed and submitted for decision on September 19, 2022. On October 19, 2022, the Administrative Law Judge issued a proposed decision revoking the conditional use permit of The Bank. The OAH Judge's proposed ruling is found in Attachment A. A hearing was then set before the Planning Commission for December 19, 2022 to consider the proposed decision. At the request of Zip Third Investments, that hearing was continued to January 18, 2023. At the request of The Bank, the January 2023 hearing was continued to February 15, 2023. On February 15, 2023, the Planning Commission heard the matter. Resolution No. 2023-04, setting forth the decision of the Planning Commission to confirm the decision of Administrative Law Judge Debra D. Nye -Perkins revoking the CUP, is attached. The record of proceedings and transcript of the Planning Commission hearing is also attached. On March 10, 2023, The Bank and Zip Third Investments filed appeals of the Planning Commission decision to the City Council. The appeals were filed in a timely manner with the appropriate appeal fee. In response, the hearing before the City Council was scheduled for April 11, 2023, at 10 a.m. The appropriate public hearing notices and mailings were made. This hearing is a de novo proceeding and is limited to the record below and allows for public comment. The general process for the conducting the hearing before the City Council is as follows: 1. The Mayor will call the matter for consideration. 2. The attorney(s) for the City will argue the case for upholding the proposed decision. (45 mins total including rebuttal time) 3. The attorney(s) for The Bank will argue the case for denying and/or modifying the proposed decision. (45 mins) 4. The attorney(s) for Zip Third Investments will argue the case for denying and/or modifying the proposed decision. (45 mins) 5. The attorney(s) for the City will have a rebuttal opportunity. (as reserved from total time noted above) 6. The City Council will receive public comment. 7. The attorneys for the City, The Bank, and Zip Third Investments will get 5 minutes each to respond to the public comment. 8. The City Council will discuss and decide the matter. A resolution setting forth the City Council's decision will be adopted at a subsequent meeting and notice will be provided to all parties. A full record of all proceedings held to date and exhibits are attached and noted in the attachments list below. FISCAL IMPACT: None ATTACHMENTS: 1. Office of Administrative Hearings — Proposed Decision 2. Planning Commission - Agenda Packet (Record of Proceedings) 3. Planning Commission — Transcript of Proceedings 4. Planning Commission - Resolution No. 2023-04 5. City Council — Appeal from Bank Restaurant 6. City Council — Appeal from Zip Third Investments BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. 2 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with 3 conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 11 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. 5 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second Al citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order VA letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 8 impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 9 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 10 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 11 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. F] ... F] Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 12 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing 13 administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 14 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 15 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 16 one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 79 Mr Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago 17 by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. 18 TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 1W 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 9S decibels on numerous occasions. He stated that he tried to be lenient when the 20 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved 21 operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula 22 Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the 23 security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked 24 outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of 25 the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 26 go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 27 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The ,Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his iPhone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his :1 iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LaTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LaTourneau purchased two beers at The Bank after 10:00 p.m. that night. r%s] On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol'to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 30 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 31 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank 32 at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 33 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 34 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. 35 The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security 36 guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank 37 numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at t: The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The 39 Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the tam time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they ,X just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. 41 TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 42 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." 43 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been 44 treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 45 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (13). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 47 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." 5. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning EUS commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 50 APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 51 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion S2 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.4tn 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 53 in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. 54 ORDER The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 ,Debra D. Nye-Tei-kihd DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 55 DECLARATION OF SERVICE CITY OF TEMECULA RIVERSIDE COUNTY STATE OF CALIFORNIA Case Name: The Bank OAH No.: 2022051021 I, Erika Ramirez, declare as follows: I am a citizen of the United States, a resident of Riverside County, and I am over 18 years of age. I am employed by the City of Temecula. My business address is 41000 Main Street, Temecula, California 92590. On October 31, 2022, 1 served a true copy of the following document in the action entitled above: ADMINISTRATIVE LAW JUDGE, OFFICE OF ADMINISTRATIVE HEARINGS (OAH) PROPOSED DECISION IN THE MATTER OF THE REVOCATION OF CONDITIONAL USE PERMIT OF: THE BANK, RESPONDENT AND ZIP THIRD INVESTMENTS, LLC, RESPONDENT to each of the person(s) named below at the addresses listed after each name by the following method(s) Brad Landon Agent for Service of Process CNC Puma Corporation 27555 Ynez Road, Suite 110 Temecula, CA 92591 VIA US Mail Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Ave., 37th Floor Los Angeles, CA 90071 email: ipetrusis(5),rolaw.com email: mgreerCcD-rwglaw.com VIA Email (E-service) Craig Puma 28645 Old Town Front Street Temecula, CA 92590 email: cpumayiC7gmail.com VIA Email (E-service) Norman S. Solomon Agent for Service of Process Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 email: norm (a), metro-resou rces. co m VIA US Mail and Email (E-service) Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 email: Riverside cY abc.ca.gov VIA Email (E-service) Amanda Moore The Bank 28645 Old Town Front Street Temecula, CA 92590 email: my5kidsmama(@,gmail.com VIA US Mail and Email (E-service) Elizabeth L. Marlyn Cole Huber LLP 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 email: martynlaw2000aaol.com email: tsherman colehuber.com VIA US Mail and Email (E-service) J. Luke Hendrix Law Offices of J. Luke Hendrix 28465 Old Town Front St., Suite 212 Temecula, CA 92590 email: luke jlhlawoffices.com VIA US Mail and Email (E-service) Thomas J. Callaway Law Offices of Thomas J. Callaway 43537 Ridge Park Drive Temecula, CA 92590 email: tomcallawayOverizon.net VIA US Mail and Email (E-service) I declare under penalty of perjury under the laws of tate f ni tha the foregoing is true and correct. Date 1013 ► 1„2 00.a E e rk PLANNING COMMISSION — PUBLIC HEARING — CONDITIONAL USE PERMIT REVOCATION FOR THE BANK INDEX # DOCUMENT BATE STAMP PAGE 1 OAH - Proposed Decision 0002 - 0056 2 City of Temecula - Notice of Public Hearing 0058 3 City of Temecula - Closing Argument 0060 - 0066 4 City of Temecula - Exhibits 1 through 14 (admitted) 0068 - 0338 5 City of Temecula - Rebuttal Closing Argument 0340 -0348 6 CNC Puma Corporation, Amanda Moore, The Bank — 0350 - 0357 Closing Statement 7 CNC Puma Corporation's - The Bank — Notice of Filing of 0359 - 0600 Exhibits — Exhibits A — Q 8 CNC Puma Corporation's Timeline of Events 0602 - 0605 9 Respondent - Exhibit LL — Correspondence Regarding 0608 - 0623 Hearing Dates (admitted) 10 Respondent - Exhibit PP — Bankruptcy Court Filings 0626 - 0668 (admitted) 11 Respondent - Exhibit HHH — CNC Bankruptcy Dismissal 0671 - 0673 Order (admitted) 12 Zip Third Investment, LLC — Closing Argument 0676 - 0703 13 Zip Third Investment, LLC — Request to Continue Hearing 0706 - 0713 Date to October 6 and October 7 14 Declaration of Elizabeth Martyn in Support of Request for 0716 - 0962 Continuance and Exhibits Hereto 15 City of Temecula's Opposition to Zip Third Investments, 0965 - 1103 LLC's Request to Continue Hearing Date to October 6 and October 7 16 OAH Judge's Order Denying Property Owner's Motion for 1106 - 1110 Continuance and Motion for a Prehearing Conference - Zip Third Investments, LLC's 17 08-31-2022 Transcript of Hearing — Volume 1 1112 - 1355 18 09-01-2022 Transcript of Hearing — Volume II 1357 - 1637 19 OAH Witness/Exhibit List Only 1639 - 1641 20 Proposed Resolution Affirming the Decision of 1643 - 1645 Administrative Law Judge Revoking the Conditional Use Permit Offered by Attorney Jennifer Petrusis of Richards Watson Gershon #1 0001 BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of the Revocation of Conditional Use Permit of: THE BANK, Respondent and ZIPTHIRD INVESTMENTS, L.L.C., Respondent OAH No. 2022051021 PROPOSED DECISION Debra D. Nye -Perkins, Administrative Law Judge, Office of Administrative Hearings (OAH), State of California, heard this matter by videoconference and by telephone on August 31, 2022, and on September 1, 2022. Jennifer Petrusis, Attorney at Law, represented complainant, the City of Temecula (the City). Thomas J. Callaway, Attorney at Law, represented respondent CNC Puma Corporation (CNC Puma), owner of The Bank (The Bank), a restaurant operating at 28645 Old Town Front Street, Temecula, California (the subject property) and tenant of the subject property. 0002 Elizabeth L. Martyn and Richard Edwards, Attorneys at Law, represented respondent Zip Third Investments, L.L.C. (Zip Third), owner of the subject property.' Oral and documentary evidence was received. The record remained open to allow the parties to submit written closing arguments, and the matter was closed and submitted for decision on September 19, 2022. FACTUAL FINDINGS Jurisdictional Matters and Background 1. In November 2007 CNC Puma submitted an application to the City for a Minor Conditional Use Permit (CUP) on behalf of The Bank for the purpose of "to upgrade to a type 47 liquor license." The CUP application was signed by Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as the property owner at that time named Maureen Licata. 2. On January 3, 2008, the Director of Planning for the City approved the CUP application to upgrade from a Type 41 Alcohol Beverage Control (ABC) license ' At hearing the City asserted that Zip Third Investments, L.L.C., as the owner of the property at issue in this hearing, and CNC Puma Corp., the owner of The Bank, a restaurant leasing the subject property on which it operates, both have an interest in the Conditional Use Permit (CUP) at issue in this hearing. Because the CUP transfers with the property and because the CUP controls the operation of The Bank, both Zip Third Investments, L.L.C. and CNC Puma Corp. are permit holders and respondents in this matter. Fill �1111 (on -sale beer and wine — eating place) to a Type 47 ABC license (on -sale, general) authorizing the sale of beer, wine, and distilled spirits at The Bank subject to conditions of approval. Those conditions of approval included the following: (1) the applicant and owner of the real property agreed to indemnify the City for any actions arising from the CUP; (2) licensees may not permit the premises to become a disorderly house, which is defined as a premises that "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc. and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc., and the licensed premises includes the parking lot."; and (3) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 3. On October 9, 2008, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting a modification to the CUP "to extend hours to California law, according to ABC service until 2:00 a.m." meaning to request modification of the conditions to allow The Bank to serve alcohol on all days until 2:00 a.m. 4. On October 15, 2008, the City's planning department approved the minor modification to the CUP allowing service of alcohol on all days until 2:00 a.m. with C1IC., IZI conditions, including that last call for service of alcohol shall occur at 1:30 a.m., and all other previous conditions of approval shall apply. 5. On February 27, 2012, Craig Puma on behalf of CNC Puma, d.b.a. The Bank, as well as Maureen Licata as property owner, signed and submitted a minor modification to the CUP application to the City requesting "the addition of a one person musical addition inside for background music (daily noon to 10 p.m.)." 6. On February 28, 2012, the City notified Craig Puma on behalf of CNC Puma, d.b.a. The Bank by letter signed by Stuart Fisk, Senior Planner, that the 2012 minor modification to the CUP application was approved and attached the Final Conditions of Approval to the letter. The Final Conditions of Approval included the following requirements: (1) indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music as permitted daily from noon until 10:00 p.m.; (2) regular hours of operations shall be as follows: Monday through Thursday 11:00 a.m. to 10:00 p.m., Friday 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m., Sunday 8:00 a.m. to 10:00 p.m. On holidays the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcoholic beverages shall cease at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one hour after closing. 7. As detailed more below, beginning in March 2021, the City issued numerous citations to CNC Puma, d.b.a. The Bank for various violations of the Temecula Municipal Code (TMC), including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The last citation was issued in July 2021. 1 11 8. Beginning in July 2021, the City issued numerous Civil Penalty Notice and Orders to CNC Puma, d.b.a. The Bank for violations of the TMC related to the CUP in place for violations as detailed below. The last Civil Penalty Notice and Order was issued by the City on August 20, 2022. 9. On August 20, 2021, Tom Cole, Field Supervisor — Code Enforcement for the City, sent a letter to Zip Third, "attn: Norman S. Sullivan" at the address for service of process listed with the California Secretary of State for Zip Third on Wilshire Blvd. in Los Angeles, California. The letter provided, in part, as follows: The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being opened beyond the permissible operating time of 11:00 p.m. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. 10. By letter dated May 19, 2022, Luke Watson, Deputy City Manager for the City, notified CNC Puma, The Bank, and Amanda Moore, who is an officer of CNC Puma and manager of The Bank, that the City intended to revoke the CUP for the subject property based upon numerous violations of the CUP, citations, and civil penalties issued. The May 19, 2022, letter was carbon copied to owner of the subject property "Norman Sullivan" of Zip Third at the same address as the subject property in Temecula, but not to the address for service of process as listed by the California Secretary of State for Zip Third, which was on Wilshire Blvd. in Los Angeles. The May 19, 2022, letter was also carbon copied to "Maureen Licata" as the property owner. C1IC., 1I.1 11. On July 8, 2022, Jennifer Petrusis, counsel for the City, wrote a letter to Norman Solomon of Zip Third at that Wilshire Blvd. address in Los Angeles. The letter stated that Ms. Petrusis spoke with Mr. Solomon by telephone on July 1, 2022, regarding the City's intentions to revoke the CUP for the subject property because of the ongoing violations of the CUP as set forth in the numerous citations and civil penalties issued to The Bank. The letter also stated that Ms. Petrusis emailed a copy of the May 19, 2022, Notification letter from Deputy City Manager Watson. The July 1, 2022, telephone call was the first notification given to Zip Third that the City was moving forward to revoke the CUP. 12. On May 31, 2022, the City filed a request to set this hearing with the Office of Administrative Hearings, which included as the respondent The Bank, with notification to CNC Puma. However, the City failed to list Zip Third as a respondent, and provided no indication on the filing that Zip Third was notified of the request to set the hearing. As noted above, the first notice Zip Third received regarding this hearing for revocation of the CUP was the July 1, 2022, telephone call with Norman Solomon. Violations of the CUP, Citations, and Civil Penalties Issued 13. The City has issued 34 separate citations to The Bank over a five -month period beginning on March 5, 2021, with the last citation issued on July 24, 2021. Each of the citations were for violation of the permitted operating hours, with The Bank consistently operating past 11:00 p.m. on Friday and Saturday nights and selling alcoholic beverages to patrons after 11:00 p.m. on Friday and Saturday nights; as well as having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. The first citation issued on March 5, 2021, assessed a $50 penalty for the violations, the second 11ICI11N citation issued on March 6, 2021, assessed a $150 penalty for the violations, seven of the citations assessed a $250 penalty for the violations, one citation assessed a $300 penalty for the violations, one citation assessed a $400 penalty for the violations, and two citations assessed a $500 penalty for the violations. Respondent The Bank paid the City for the first 13 citations for total payments of $3,650, and paid an additional four citations (one citation dated May 7, 2021, for $250; another dated May 8, 2021, for $500; another dated July 2, 2021, for $500; and a final dated July 3, 2021, for $500) for total payments of $1,750. Accordingly, The Bank paid the City $5,400 for those 17 citations, but the remaining 18 citations were not paid by The Bank and remain delinquent. Of the 18 unpaid citations, 11 of those each assessed a penalty of $500, and the remaining seven of the unpaid citations each assessed a penalty of $250, for a total of $7,250 of unpaid assessments for the violations in those citations. None of these citations were contested by CNC Puma, d.b.a. The Bank. 14. The City has issued 109 Civil Penalty Notice and Order letters to CNC Puma, d.b.a. The Bank for the continuing violations of the CUP as set forth in each of the 34 citations discussed above. The first Civil Penalty Notice and Order was issued on July 27, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The second Civil Penalty Notice and Order was issued on July 30, 2021, and assessed a fine of $750 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The third Civil Penalty Notice and Order was also issued on July 30, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. The eighth Civil Penalty Notice and Order was issued on August 8, 2021, and assessed a fine of $500 for the continued violations with daily accrual of civil penalties of $2,500 per day for any continued violations. All of the remaining 105 Civil Penalty Notice and Order letters issued to The Bank assessed a fine of $1,000 each. According to the May 19, 2022, letter from Deputy City Manager Watson, The Bank paid the first 42 issued Civil Penalty Notice and Order fines totaling $40,250 with the remaining 67 Civil Penalty Notice and Order fines being unpaid and delinquent for a total of $67,000. However, only four of the 109 Civil Penalty Notice and Order documents indicate on their face that they have been paid, which would mean the total of fines paid is $3,500, with a remaining 105 Civil Penalty Notice and Order fines totaling $103,750 remaining unpaid and delinquent, which is consistent with the testimony of witnesses at the hearing. None of the Civil Penalty Notice and Orders were contested by The Bank. The City's Evidence 15. The City presented six witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF LUKE WATSON 16. Luke Watson is currently employed by the City as the Deputy City Manager, a position he has held for about one year. Mr. Watson is also currently employed by the City as the Planning Director, a position he has held since 2015. His duties as the Deputy City Manager include the administration of all operations of the City. His duties as the Planning Director include oversight of Code enforcement, building safety, housing, and other duties. Mr. Watson has been an employee of the City since 2006 in various roles, including as Management Assistant, Analyst, Senior Planner, Community Development Director, Planning Director, and Deputy City Manager. 17. Mr. Watson explained that a CUP is a permit that must be acquired for a specific commercial use of property in the City for which there is potential for specific 111C. Olt] impacts that need to be addressed by the City. For example, a restaurant located in a properly zoned area for restaurant use does not need a CUP to operate. However, if that restaurant wants to add a liquor license to its operation, then a CUP is needed because of the potential impacts of the liquor license on the City. A CUP has specific conditions of approval that must be met for the specific commercial use of the property, which include requirements on that specific commercial use that the City has imposed to mitigate the impact of the commercial use. Those requirements may be specific hours of operation, entertainment parameters, or other limitations. 18. Mr. Watson further explained that the CUP application process requires that the CUP applicant, usually the business owner, as well as the property owner, sign the CUP application and submit it to the City. Thereafter, the City staff and the applicant "go back and forth over a few weeks" to "work through the specific conditions that need to be addressed in the permit." During this "back and forth" period, the applicant has an opportunity to challenge the conditions of approval. Once the applicant agrees to the conditions to be placed on the CUP, then the application will be addressed at a public hearing to be approved by the City. If the applicant is still not satisfied with the conditions to be placed on the CUP, the applicant can address that at the public hearing. After the City approves the CUP and its conditions at a public hearing, the applicant can still appeal that decision within 15 days of that approval as set forth in TMC 17.03.090. 19. Mr. Watson testified that the process to modify an existing CUP is similar to the original application to obtain a CUP. However, a minor modification to a CUP application does not require a public hearing. Instead, for a minor modification to a CUP, the City staff may approve the minor modification by administrative approval. If a major modification to a CUP is needed, then a public hearing may be required. 20. Mr. Watson testified about the specific CUP at issue in this matter. The original CUP application (application number PA-07-0314) was filed by Craig Puma on behalf of The Bank in 2007 and signed by the owner of the property at that time, Maureen Licata. The original CUP application sought to upgrade from a type 41 alcohol license (which allows for the sale of beer and wine at a restaurant) to a type 47 liquor license (which allows for the sale of beer, wine, and distilled spirits). The City had a public hearing regarding this original CUP application and thereafter granted the CUP application on January 3, 2008, with conditions of approval. Those conditions included condition number 13 that provides: Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1 /3/08). Craig Puma signed the "Acceptance of Conditions of Approval" for the original CUP on January 16, 2008. 21. Mr. Watson stated that after the issuance of the original CUP, Craig Puma, on behalf of The Bank, applied for two different modifications to the CUP. The 0011 first minor modification application (application number PA-08-0236) was filed on October 9, 2008, for a request to extend the operating hours for the sale and consumption of alcohol for The Bank until 2:00 a.m. On October 15, 2008, the City approved the minor modification to the CUP with conditions by an administrative approval from the City staff. The final conditions of approval for the minor modification included the following: Regular hours of operation shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. 22. The second minor modification to the CUP application (application number PA-12-0041) was filed by Mr. Puma with the City on February 2, 2012, to request to have live music inside The Bank daily from noon to 10:00 p.m. By letter dated February 28, 2012, the City, through the signature of Stuart Fisk, a Senior Planner with the City, provided an administrative approval of the second minor modification to the CUP application with final conditions of approval. The final conditions of approval included the following conditions: 0012 Indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m. 171 ... P] Regular hours of operations shall be as follows: Monday - Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On holidays (including Cinco De Mayo) the facility shall be allowed to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). Mr. Watson testified that the second minor modification of the CUP in 2012 changed the operating hours of The Bank back to those listed in the original CUP because the 2:00 a.m. operating hours were not included in the final conditions of the second minor modification of the CUP approved in 2012. Mr. Watson testified that the final conditions of the 2012 minor modification to the CUP superseded the first minor modification to the CUP in 2008. According to Mr. Watson, The Bank had 15 days to appeal the final conditions of the 2012 minor modification to the CUP from the February 28, 2012, date, but no such appeal was ever filed. Mr. Watson stressed that The Bank has never filed another minor or major modification to the CUP, and as a 0013 result the 2012 minor modification of the CUP (PA-12-0041) with its final conditions provides the current operating hours allowed for The Bank. 23. Mr. Watson described the location of The Bank restaurant in Temecula, which is in the Old Town portion of Temecula, in the "center of town." He stated that the location of The Bank is "the premier commercial intersection in the City located half a block from City Hall." Old Town is a historic district of Temecula dating back to the 1800's. The Bank is located in a "mixed use" environment that is "walkable," and generally a tourist area with some offices, some residential homes, and 24 restaurants. Old Town also includes a theater and history museum, and is a primary location for special events, and is a commercial and entertainment hub for Temecula. 24. Mr. Watson stated that he recommended that the CUP at issue in this matter be revoked because for more than one year The Bank had been violating the final conditions of the CUP with regard to operating hours, noise ordinance violations, and had a pattern of numerous assaults, batteries, drunkenness, disorderly conduct, and serious violent crime associated with The Bank. Mr. Watson first became aware that The Bank was violating the operating hours allowed in the CUP in the Summer of 2021 when the Temecula Police Department and Code Enforcement informed him of that violation. Mr. Watson stated that when the City first learned of The Bank's violation of its approved operation hours, the Code Enforcement team, Temecula Police Department, and Temecula Fire Department, all attempted to discuss the problem with the owners of The Bank to get voluntary compliance with the approved business hours. When the voluntary compliance from The Bank did not happen, the City then started issuing notices of violation, which happened for "some time" as an attempt to get The Bank to comply with required operating hours. When The Bank continued to violate the approved operating hours, the City then began issuing CIVIL I administrative citations, which also continued for "some time." When The Bank continued to violate the approved operating hours, the City began issuing Civil Penalties up to $1,000 per day in an effort to get The Bank to comply. The City continued its efforts to get The Bank to comply with approved operating hours for over one year but was not successful. To date The Bank has not complied with the approved operating hours of the CUP, and The Bank has not submitted any application to modify the CUP to change its hours of operation. Zip Third has also not applied to modify the current CUP for any purpose. 25. Mr. Watson wrote a letter dated May 19, 2022, summarizing all of the citations and civil penalties issued against The Bank, and notifying The Bank of the City's intention to revoke the CUP based upon the violations of approved operating hours and approved hours for sale of alcohol, as well as violations of condition 28 (c) of the CUP that provides that the CUP holder must not allow the licensed premises to become a "disorderly house," meaning a licensed outlet (including the parking lot) that disturbs neighbors with noise and loud music, and/or has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics etc. Regarding the disorderly house allegations, the May 19, 2022, letter provided as follows: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred 0045 approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Mr. Watson sent this May 19, 2022, letter notifying that the City intends to revoke the CUP to CNC Puma, d.b.a. The Bank to their agent for service of process, Craig Puma, Amanda Moore, Maureen Licata, and to Zip Third at "attn: Norman S. Soloman" at the address of The Bank located in Temecula, CA. The May 19, 2022, letter was not sent to Norman Soloman at his Wilshire Blvd. address, which is the listed address for service of process for Zip Third. 26. Mr. Watson admitted that the May 19, 2022, letter was not sent to Normal Solomon at the listed address for the agent for service of process for Zip Third, which is Mr. Solomon's Wilshire Blvd. address. However, the May 19, 2022, letter was included as an attachment to the July 8, 2022, letter from Jennifer Petrusis to Norman Solomon notifying Zip Third of the City's intent to revoke the CUP. Additionally, Mr. Watson noted that on August 20, 2021, Tom Cole, a Field Supervisor from the City's Code Enforcement, sent a letter to Zip Third at the proper address for the agent for service of process at the Wilshire Blvd. address regarding The Bank's activities violating the TMC. 0016 27. Mr. Watson stated that the approved hours of operation in the CUP were chosen in order to mitigate the negative impacts of the sale of distilled spirits alcohol. He stated that the later the hours of operation, the worse the negative impacts of the sale of alcohol. Mr. Watson testified that most of the criminal activity in the vicinity of The Bank has occurred after The Bank was supposed to be closed pursuant to the approved operating hours of the CUP. With regard to the criminal activity, in late 2020 the City established a Metro Team Plus to police the Old Town district, which included 10 sheriff's deputies, Code Enforcement officers, and Fire Department inspectors. The Metro Team Plus performs "sweeps" of the Old Town area and visits all businesses. As a result of the formation of the Metro Team Plus, voluminous information regarding the activities in the Old Town area have been collected. The Metro Team Plus reports back to the City and Mr. Watson on a weekly basis to provide information regarding those activities. 28. Mr. Watson described the criminal activity in the vicinity of The Bank that is a basis for the reason to revoke the CUP in this matter. He stated that there were two incidents of shootings that were particularly concerning. Specifically, in November 2021 in the parking lot adjacent to The Bank after The Bank was closed, a man was shot in the leg and survived. In January 2022, a former employee of The Bank was shot and killed on the doorstep of The Bank, and two other people were shot and seriously injured inside of The Bank. During the 17 years that Mr. Watson has worked for the City, he is aware of only four shootings total occurring in the City during that time. In addition to the shootings described above, there have been numerous fights and brawls in and near The Bank over the past year, including one incident occurring about one month prior to this hearing where at 2:00 a.m. in a parking lot the assailants in a fight were confronted by police and scattered. As a result of the assailant's scattering, 11111 tJ one person jumped over a fence and fell 50 feet breaking both of his legs. The Fire Department had to rescue that individual at the creek, which used considerable City assets. Furthermore, there have been numerous incidents of public intoxication, public urination, vomiting, and other "disorderly conduct that has been the hallmark of the operations of The Bank over the last year plus." Mr. Watson stated that The Bank has been overserving alcohol to its patrons causing the public intoxication and other disorderly conduct issues. Additionally, he stated that many of the security personnel at The Bank were "not professionals," "not licensed," and were "instigating or escalating things." He stated that the Metro Team Plus police have witnessed numerous patrons being overserved alcohol at The Bank and coming out drunk and in some cases vomiting. All of these issues have created a violation of the CUP by being a "disorderly house." 29. Mr. Watson also testified that The Bank has been violating the CUP with regard to noise violations. He stated that the CUP provides permission for The Bank to have "indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of background music" daily from noon until 10:00 p.m. However, The Bank has been having a D.J. with speakers pointed into the street intersection producing very loud and excessive noise that is beyond that permitted by both the CUP and by the City noise ordinances. This noise problem has created significant impacts to surrounding businesses, which have complained to the City. Multiple citations and civil penalties were issued to The Bank for these noise violations, but they continue to occur. 30. Mr. Watson stated that nobody from The Bank ever reached out to the City regarding the noise violations or crime. However, with regard to the operating hours, Craig Puma and Amanda Lane both contacted Mr. Watson about one year ago by email asserting that the operating hours in the CUP were incorrect, and they requested that the operating hours be changed to allow The Bank to operate until 2:00 a.m. Mr. Watson had one conversation with each of them to explain the operating hours allowed by the applicable CUP, and that they must file a modification application to the CUP to change the approved operating hours to allow The Bank to remain open until 2:00 a.m. Notably, no person or entity on behalf of CNC Puma, d.b.a. The Bank or Zip Third ever filed a modification application to make that change. 31. Mr. Watson stressed that since the Metro Team Plus has been established, these violations from The Bank have been brought to the attention of the City and numerous citations and civil penalties have been issued to The Bank. However, other businesses in Old Town have also had violations resulting in citations and civil penalties. Mr. Watson stated that those businesses "are being addressed." He stressed that the City is not singling out The Bank for revocation of the CUP, as opposed to enforcing against other businesses. Mr. Watson admitted on cross- examination that in the past 10 years the City has not revoked any other CUP for a business. 32. Mr. Watson also stated that if the CUP is revoked, he is not sure if The Bank will comply because "they have not listened to the City yet." He stated that if the CUP is revoked, then the property will be governed by the specific city plan for Old Town, which allows for use as a restaurant with a type 41 alcohol license to sell beer and wine. 33. Mr. Watson also admitted on cross-examination that he never reached out to Zip Third in an effort to address the violations of the CUP and City ordinances committed by The Bank. 1 " 0 TESTIMONY OF TOM COLE 34. Tom Cole is currently employed as a Field Supervisor for the Code Enforcement department of the City. He has worked full-time for Code Enforcement in the City since 1997 and has been employed by the City since 1992. Since 1997 he worked as a Code Enforcement I officer, then as a Code Enforcement II officer, then as a Senior Code Enforcement officer, and finally in his current position as a Field Supervisor. His duties as a Field Supervisor include enforcement of the City's rules, regulations and municipal code to ensure proper property maintenance and quality of life issues for City residents. His duties have remained the same since 2012. 35. Mr. Cole explained that code enforcement cases in the City typically arise from a complaint, which is then verified by investigation. Thereafter, the City issues a notice of violation, such as a warning. If compliance is not obtained, then the City moves forward with issuing an administrative citation. If compliance is still not obtained the City then moves forward with issuing civil penalties. If compliance is still not obtained, then the matter is referred to the City attorney. He stated that an administrative citation has a smaller dollar amount for the fine, than does a civil penalty. The City instituted the civil penalties in order to obtain compliance for businesses that simply pay the lesser fines for the citations as a "price of doing business." Regardless, the citations and civil penalties are simply tools used by the City to get the business to comply. 36. Mr. Cole explained that the City Code Enforcement department does not patrol the streets for code violations, but instead the City "is reactive" and "responds to complaints only." He stated that the City is "seldom proactive," and as a result it is possible that an individual or business could be violating a CUP for a while before the Code Enforcement department would know about it. 37. Mr. Cole is familiar with The Bank and has personally issued all of the citations and all of the civil penalties against The Bank at issue in this matter. Since March 2021 Mr. Cole has gone out with the Metro Team in Old Town every Friday and Saturday night and on each of those occasions has observed The Bank operating well beyond the hours of operation approved in the CUP. Mr. Cole has observed The Bank operating past 11:00 p.m. and serving alcohol to customers inside The Bank well past the approved operating hours. He has also observed customers of The Bank falling down from intoxication and vomiting. On two occasions he observed people trying to pick a fight with the Temecula Police officers after 11:00 p.m. Mr. Cole stated that the operating hours of The Bank first came to the attention of the Code Enforcement department because of a complaint from the Temecula Police Department. Mr. Cole first became aware of The Bank operating outside of its approved operating hours in the CUP in March 2021 when he began walking with police officers and observing the businesses in Old Town. Mr. Cole stated that most of the civil penalties and citations he issued to The Bank were for violations of the CUP's approved operating hours. However, he also cited other violations, such as noise violations. 38. With regard to the noise violations, Mr. Cole explained that when he observed The Bank operating past the approved operating hours in the CUP, he also observed customers of The Bank drinking, and dancing to very loud music provided at The Bank by a live D.J., along with lights. Mr. Cole explained that the TMC provides that a permitted noise level for a business in Old Town is 70 decibels. During his visits to The Bank, Mr. Cole checked the noise level with a hand-held decibel reader, which is calibrated once per year. He would go to the adjacent property to The Bank and use the decibel reader to observe the sound levels emanating from The Bank. When the D.J. was observed playing after approved hours, Mr. Cole measured the decibel levels at 95 decibels on numerous occasions. He stated that he tried to be lenient when the C11T0IT004 decibel reading was 80 decibels, but if the reading was 90 decibels or above, he would issue a citation to The Bank. Mr. Cole stated that he gave warnings to The Bank prior to issuing any citations for noise violations. Many of the citations issued by Mr. Cole to The Bank were simply paid by The Bank and were never appealed. Mr. Cole testified that the last citation he issued for noise violations from The Bank was on July 3, 2021. He stated that on that day he spoke directly with the contracted D.J., as well as issued a personal citation to that D.J. for noise violations, and he requested that the D.J. resolve the noise issue. The following week the noise issue was resolved, and Mr. Cole has not had noise issues from The Bank on the weekend since that time. However, Mr. Cole thereafter started receiving noise complaints regarding The Bank on Sundays. Accordingly, Mr. Cole started going to The Bank on Sundays to monitor the noise levels. Mr. Cole issued two citations for those Sunday noise violations. According to Mr. Cole, "it took them a few weeks to realize that I went there on Sundays, but after they realized that, the noise abated." 39. Mr. Cole has had conversations with the manager of The Bank, Amanda Lane (previously Amanda Moore), on about five occasions over an 18-month period regarding The Bank's violations of the approved hours of operation in the CUP. During those conversations Ms. Lane has never informed Mr. Cole that she will comply with the permitted operating hours, and Mr. Cole continued to issue citations and civil penalties. Mr. Cole testified that The Bank has paid over $30,000 in fines for both citations and civil penalties to date, and approximately $150,000 of fines from the issued citations and civil penalties remains unpaid. 40. Mr. Cole has had approximately ten conversations with Craig Puma because Mr. Puma is on the Old Town Review Board. Of those ten conversations, only one of the conversations was regarding The Bank's violations of the approved C110111 ' operating hours of the CUP, and it took place sometime between March and June of 2021. Mr. Cole described Mr. Puma as an "absentee owner" of The Bank because Mr. Cole never sees Mr. Puma at The Bank now but would previously see Mr. Puma there before Ms. Lane became manager. According to Mr. Cole, during that one conversation Mr. Puma disagreed with the City's interpretation of the approved operating hours in the CUP. 41. Mr. Cole has never had a conversation with anyone from Zip Third. However, Mr. Cole did send a letter to Zip Third on August 20, 2021, by regular mail to the address he obtained from the California Secretary of State for the agent for service of process for Zip Third, which was Norman Solomon at the Wilshire Blvd. address. Mr. Cole stated that he mistakenly addressed the letter to Norman Sullivan of Zip Third instead of Norman Solomon, but the letter was sent to the correct address and was clearly marked as being addressed to Zip Third. Mr. Cole never received a response to this letter, and he has never been contacted by anyone at Zip Third regarding the violations that occurred at The Bank. Beginning on August 20, 2021, Mr. Cole also sent about 97 different civil penalty letters to Zip Third addressed to Norman Solomon at the Wilshire Blvd. address from the California Secretary of State by regular mail. None of those 97 civil penalty letters were returned to the City as undeliverable. Additionally, no person from Zip Third has ever reached out to Mr. Cole regarding those civil penalty letters. TESTIMONY OF SERGEANT JOSHUA HEPHNER 42. Sergeant Joshua Hephner is currently employed by the Riverside County Sheriff's Department serving the City of Temecula. He explained that the sheriff's deputies serving the City of Temecula are commonly referred to as the Temecula Police Department. Sergeant Hephner has been a peace officer since 2010 and has worked in the City since December 31, 2020. Sergeant Hephner worked from 2017 to 2020 for the Moreno Valley station in the gang enforcement unit and has been designated by California courts as a gang expert. Sergeant Hephner is currently assigned to the City's Metro Team policing the Old Town area, and he joined the Metro Team in October 2021. However, he has policed the Old Town area since he started working at the City. 43. Sergeant Hephner testified that "problems," such as fights, disturbances, driving under the influence (DUI), and overserving alcohol, began occurring "around the COVID pandemic." Specifically, he stated that a lot of other cities shut down their bars, restaurants and other night life because of COVID. The City opened up it bars, restaurants, and other night life sooner than most other cities resulting in an influx of people coming from outside the Temecula area into Old Town, which caused issues. Sergeant Hephner stated that during that time Old Town received a large number of "a mix of people" from different areas and backgrounds, which resulted in arrests for fights, disturbances, public intoxication, DUI, and other crimes. In March 2021 the City formed the Metro Team, consisting of seven sheriff deputies and one sheriff corporal, as well as one motorcycle officer and one community service officer, to provide a safer environment for Old Town. He stated that the Metro Team would go out in Old Town on Wednesdays through Saturdays from 3:00 p.m. to 3:00 a.m. He testified that after 9:00 p.m. or 10:00 p.m. the Old Town area "morphs into a nightclub atmosphere." 44. Sergeant Hephner is familiar with The Bank because shortly after the Metro Team formed in March 2021, a former sergeant noticed problems related to overserving of alcohol at The Bank and resulting disturbances caused by fights, public intoxication etc. He stated that there were also complaints from citizens that the C1T011't I security at The Bank was "heavy handed." Sergeant Hephner has personally observed the overserving of alcohol to customers at The Bank, as well as intoxicated customers becoming belligerent and starting fights, even leading up to a homicide. Sergeant Hephner stated that there was one homicide that occurred on Sunday, January 9, 2022, at 10:40 p.m. at The Bank involving an ex -employee of The Bank, who had worked at The Bank as a security guard. The homicide was a shooting of that employee that occurred on the patio of The Bank, and at least three other individuals were also shot and injured. Sergeant Hephner was familiar with the individual killed on January 9, 2022, because he had interactions with that individual when he worked as a security guard at The Bank. Specifically, there was one incident when the individual killed on January 9, 2022, had violently assaulted a person on the dance floor of The Bank by hitting the person and making them unconscious requiring hospitalization. Sergeant Hephner stated that the individual killed on January 9, 2022, had a criminal history and was on probation for a felony conviction at the time he worked at The Bank. Sergeant Hephner testified that on January 13, 2022, there was a candlelight vigil outside of The Bank for the homicide victim, and Sergeant Hephner spoke to an individual at the vigil. That person gave Sergeant Hephner false information regarding his identity. Sergeant Hephner "figured out" who that person was and discovered that the person had a loaded gun inside a fanny pack on his person and had a prior felony conviction. The person was arrested for being a convicted felon in possession of a firearm. Sergeant Hephner stated that this type of proactive enforcement arrest potentially prevented another homicide. Another shooting occurred in November 2021 when some patrons at The Bank were celebrating a birthday and got into a verbal altercation. The patrons walked outside of The Bank about 50 to 100 feet onto the sidewalk, and the shooting occurred with the victim being taken to the hospital. 45. Sergeant Hephner has also witnessed a laundry list of incidents related to The Bank. He stated that when deputies stop individuals who ultimately get arrested for DUI, on many occasions they tell the deputies that they are coming from The Bank. While those individuals arrested for DUI also come from other locations, many times they state that they were at The Bank prior to driving. Sergeant Hephner has observed several assaults per night happening in front of deputies and in front of The Bank. Sergeant Hephner has also observed on many occasions the security guards at The Bank push individuals, who are fighting, away from The Bank and into the street in order to get them away from The Bank. He also frequently sees public intoxication either in front of The Bank or down the street from The Bank. When he arrests someone for public intoxication, he asks where they are coming from and frequently, they say The Bank. Most of the incidents he describes occur after 11:00 p.m. with the vast majority of those incidents occurring closer to midnight to 2:00 a.m. Sergeant Hephner has personally observed The Bank remain open after 11:00 p.m. every weekend. 46. Sergeant Hephner stated that he has had concerns regarding the security guards employed by The Bank because some of those security guards have criminal records, don't go through the proper procedures to obtain a license as a security guard, and were "antagonizing." Sergeant Hephner described an incident when deputies were investigating the November 2021 shooting on the sidewalk in front of The Bank. Specifically, one of the witnesses to the shooting was a security guard employed by The Bank and whom Amanda Lane only knew by the moniker "Venom" or "Virus." Ms. Lane either could not or would not give the deputies the real name of the security guard. When deputies asked him for his real name, the security guard refused to give it to them, and the security guard was uncooperative with them. Sergeant Hephner testified that when he hears of monikers like "Venom" or "Virus" the first thing that comes to mind are gang members who utilize such monikers, and he believes that the security guard was a gang member. He also testified that it is critical that the sheriff deputies get full cooperation from the businesses in Old Town when investigating crimes. Sergeant Hephner also stated that having security guards with criminal records tends to attract other people with criminal records to The Bank causing more problems. TESTIMONY OF STUART FISK 47. Stuart Fisk is employed by the City as a Planning Manager, and in 2012 he worked for the City as a Senior Planner. Mr. Fisk was involved in the issuance of the 2012 minor modification application for the CUP at issue in this matter. Mr. Fisk was responsible for processing the approval documents for the 2012 minor modification application that ultimately resulted in the CUP applicable for The Bank today, and at issue in this hearing. Mr. Fisk testified that with regard to the CUP that sets forth the approved final conditions for the operation of The Bank, there was an initial CUP application in 2007, there was a minor modification application to that CUP in 2008, and there was a 2012 minor modification application to the CUP that was approved and set forth the approved conditions for operation that continue to be in effect today. Mr. Fisk stressed that there were no other modifications to the CUP at issue in this hearing. Mr. Fisk testified that in 2009 The Bank wanted to expand their ability to sell alcohol on their patio, which required a delineation of those areas by some type of railing. He stated that the City accomplished this request by modifying the development plan to show on the site plan for the property where the fencing would 11101 *A go along Front Street. However, he stressed that this 2009 modification to the development plan was not a modification of the CUP and had nothing to do with the CUP. 48. Mr. Fisk stated that in 2012 Patrick Richardson was the Director of Planning for the City and was also Mr. Fisk's supervisor. Mr. Fisk noted that Mr. Richardson was responsible for approving or denying a minor modification to the CUP application by an administrative approval or denial. When Mr. Puma filed the 2012 minor modification to the CUP application, Mr. Fisk met with Mr. Richardson in Mr. Richardson's office to review the original CUP, the approved 2008 minor modification to the CUP, and the 2012 minor modification application. According to Mr. Fisk, Mr. Richardson was not comfortable with the change of the hours of operations as set forth in the approved 2008 minor modification to the CUP. Mr. Fisk stated that the 2008 minor modification application to the CUP was approved by a different Director of Planning for the City, a person who had the job prior to Mr. Richardson. Mr. Richardson expressly stated to Mr. Fisk that he would approve the 2012 minor modification application only if the hours of operations for The Bank was set back to that provided in the original 2007 CUP. Mr. Richardson instructed Mr. Fisk to change the approved hours of operation for The Bank to what was set forth in the original 2007 CUP, and Mr. Fisk did so himself. Mr. Fisk stressed that the approved conditions for the 2012 minor modification of the CUP were not accidental or any sort of clerical error but were instead purposely selected. Mr. Fisk testified that Mr. Richardson told him that Mr. Richardson had been in touch with Mr. Puma regarding the 2012 minor modification application, but Mr. Richardson did not tell Mr. Fisk the nature or substance of those communications. 11114 49. When the final 2012 minor modification application to the CUP was approved by the City, Mr. Fisk provided Mr. Puma with the approval letter, as well as the attached final conditions of approval, which included the hours of operation being reverted back to what they were in the original 2007 CUP. Neither Mr. Puma nor anyone from The Bank ever contested the conditions of approval for that 2012 minor modification to the CUP application. TESTIMONY OF JOHN CARRINGTON 50. John Carrington is currently employed as a private investigator and was retained by the City to perform an undercover investigation of The Bank. Mr. Carrington has been to The Bank on one occasion on July 10, 2022, which was a Sunday, to perform the undercover investigation. He arrived at The Bank at 7:15 p.m. and went inside The Bank at about 8:00 p.m. Mr. Carrington stayed at The Bank until about 11:00 p.m. that day and when he left The Bank was still operating. Mr. Carrington noted that he saw The Bank sell six shots of tequila to a patron that night at 10:39 p.m. During the time Mr. Carrington was at The Bank he purchased three alcoholic beverages including one shot of tequila at 10:03 p.m. Mr. Carrington testified that there was a D.J. playing music at The Bank that night. 51. At about 11:00 p.m. Mr. Carrington went outside of The Bank with the intention of taking decibel readings with his 1Phone and then returning to The Bank for further observation. However, when he went outside, he was approached by two individuals, whom he recognized as security guards from The Bank. He knew that these two individuals were security guards from The Bank because he saw them inside The Bank wearing security shirts. According to Mr. Carrington, the two individuals threatened to "beat him up" if he did not give them his mobile phone. The security guards accused him of taking photographs inside The Bank and demanded to see his C1T011-'4s7 iPhone. Mr. Carrington refused to give his phone to the two individuals. After this interaction Mr. Carrington did not enter The Bank again. However, he did take four different decibel readings of the noise outside of The Bank with his iPhone with the highest readings being 87, 83 and 80 decibels. Mr. Carrington stated that he plays in a band and frequently utilizes this particular application on his iPhone to take decibel readings. Mr. Carrington finally left the area of The Bank at about 11:25 p.m. 52. At the time Mr. Carrington left The Bank at 11:25 p.m., The Bank was still operating and selling alcohol. TESTIMONY OF JEFFREY BRIAN LETOURNEAU 53. Jeffrey LeTourneau is currently employed as a private investigator and was retained by the City to conduct an undercover investigation at The Bank. Mr. LeTourneau was tasked by the City to go to The Bank to monitor the hours of operation and the noise levels outside of The Bank during operation. Mr. LeTourneau went to The Bank on three occasions, namely on July 13, 2022, on July 20, 2022, and on July 27, 2022. On July 13, 2022, he arrived at The Bank with his partner at 7:30 p.m. for an event called "Quality Dance Party," which he described as a "toned down drag show," where the performers were lip syncing along with speakers playing music near the dance floor. The event ended at about 11:50 p.m. that night. Mr. LeTourneau walked out of The Bank on July 13, 2022, to go across the street to take a noise reading, and he and his partner ultimately left The Bank that night at 12:20 a.m. Mr. LeTourneau stated that The Bank closed operations that night at midnight. He stated that The Bank continued to serve alcohol to customers after 10:00 p.m. that night, and Mr. LeTourneau purchased two beers at The Bank after 10:00 p.m. that night. 1 0 •; 1 On July 20, 2022, Mr. LaTourneau and his partner went to The Bank at 7:15 p.m. for a drag show and they ultimately left The Bank at 12:50 a.m. The live entertainment that night at The Bank was a drag show with lip syncing performers utilizing recorded music with speakers. The drag show that night lasted from 9:15 p.m. to 10:45 p.m. On July 20, 2022, The Bank stopped its operations at 12:35 a.m. The Bank continued to serve alcohol to its customers on July 20, 2022, after 10:00 p.m. and Mr. LaTourneau purchased two beers after 10:00 p.m. that evening. On July 27, 2022, Mr. LaTourneau arrived at The Bank at 8:15 p.m. and left The Bank that night at 12:15 a.m. The entertainment at The Bank that evening were two male dance performers with recorded music. The entertainment that evening at The Bank started at 10:45 p.m. and ended at 11:30 p.m. The Bank closed its operations that night at 12:15 a.m. The Bank served alcohol to customers that night after 10:00 p.m. and Mr. LaTourneau purchased beers that evening from The Bank after 10:00 p.m. The Bank's Evidence 54. CNC Puma, d.b.a. The Bank, presented two witnesses at the hearing. The following factual findings are based on their testimony and related documents received in evidence. TESTIMONY OF CRAIG PUMA 55. Craig Puma is part owner of CNC Puma, d.b.a. The Bank. Mr. Puma stated that CNC Puma, is a corporation started in 2007 by himself for purpose of the ownership and operation of The Bank, and that CNC stands for Craig and Cristy Puma. Christy Puma is now Craig Puma's ex-wife, but at that time was his wife. Mr. Puma was originally the president of CNC Puma, but he is now a board member. Mr. Puma no longer has any involvement in the day-to-day operations of The Bank other than as a 0031 consultant when his assistance is needed. Mr. Puma was actively involved in the day- to-day operations of The Bank up to the time Mr. Puma and his now ex-wife sold a partial ownership interest in CNC Puma to Amanda Lane and Ryan Parent on February 27, 2020. 56. Mr. Puma was also a member of the Old Town local review board appointed by the Temecula mayor for nine years. Mr. Puma worked with the Director of Planning for the City for nine years during that time. 57. Mr. Puma is the person who filed the original 2007 CUP application, the 2008 minor modification application to the CUP, and the 2012 minor modification application to the CUP for The Bank. Mr. Puma filed the 2007 CUP application in order to upgrade from a type 41 alcohol license (which allows beer and wine sales) to a type 47 alcohol license (which allows for sale of beer, wine, and distilled spirits). The type 41 and 47 alcohol licenses are issued by the State agency of Alcohol Beverage Control (ABC) and not the City. 58. After the 2007 CUP was approved by the City with the final conditions including that the hours of operation as set forth above, Mr. Puma thereafter in 2008 filed a minor modification application to the CUP to request that the hours of operation of The Bank be extended to 2:00 a.m. with last call for alcohol at 1:30 a.m. The 2008 minor modification application to the CUP was approved within a week or two and was "not real complicated." Mr. Puma understood that the 2008 minor modification to the CUP allowed The Bank to operate until 2:00 a.m. 59. Mr. Puma thereafter went into the City and filed the 2012 minor modification application to the CUP to request background music for lunch and dinner crowds at The Bank. Mr. Puma testified that he submitted the 2012 minor modification 0032 application, paid the $300 fee for the application, and a couple of days later Mr. Puma received the approval for the 2012 minor modification application. Mr. Puma testified that there was no discussion with anyone at the City regarding the operating hours of The Bank at the time he filed the 2012 minor modification application. When Mr. Puma received the approval for 2012 minor modification application for the CUP, he "saw that it had the addition of music," and he kept a copy of the approval at the bar of The Bank. Mr. Puma testified that at the time he received that approval it was his understanding that he still had approval to operate The Bank until 2:00 a.m. Mr. Puma testified that he did not "catch it" that the 2012 minor modification approved hours had changed back to that of the original 2007 CUP. Mr. Puma testified at the hearing, "it was obvious to me that the City made an honest mistake [on the 2012 minor modification approval] and copied and pasted the wrong CUP — the 2007 CUP and not the 2008 CUP — and I did not catch it at the time." Mr. Puma stated that he believes that the City staff mistakenly copied and pasted the operating hours from the 2007 CUP into the 2012 minor modification to the CUP instead of using the proper 2008 minor modification to obtain those hours. Mr. Puma stated that he did not read the 2012 minor modification application of the CUP approved terms, and he did not ever request an appeal of the approved terms of that 2012 minor modification. He also never submitted another minor modification application to modify the CUP. 60. After the 2012 minor modification to the CUP was approved, Mr. Puma continued to operate The Bank up to 2:00 a.m. because he understood that he had approval to do so. Mr. Puma continued to operate The Bank until 2:00 a.m. until he sold a portion of CNC Puma in February 2020. During that time frame, Mr. Puma operated The Bank until 2:00 a.m. He stated that sometimes he would close The Bank at 1:00 a.m. because he was "getting a crowd" he did not want because most of those people were getting kicked out of other places. However, he mostly stayed open until 2:00 a.m. on the weekends during that period of time with no complaints from the City regarding those hours of operation. 61. In early 2021 Amanda Lane, part owner and the current manager of The Bank, called Mr. Puma and asked about the approved hours of operation in the CUP. Mr. Puma told her that a copy of the 2012 minor modification approval of the CUP was at the bar of The Bank. Ms. Lane told Mr. Puma that "they did a cleaning and threw it away because they did not know what it was." Ms. Lane told Mr. Puma that the City had contacted her about the approved operating hours. In an effort to obtain clarification, Mr. Puma emailed Luke Watson in February 2021 requesting clarification of the approved operating hours for The Bank. In the email, Mr. Puma wrote, in part, as follows: In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and [sic] error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until tam since. For a brief period, in 2016, I believe, Christy and I made the decision to close at lam. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before tam and we have always been responsible business owners.... 0034 Mr. Puma testified that Mr. Watson responded by providing the currently approved operating hours in the 2012 minor modification to the CUP. Mr. Puma then reached out to ABC to obtain a copy of the 2008 minor modification to the CUP showing that the approved hours at that time were until 2:00 a.m. Mr. Puma testified that he was trying to work with the City to "fix the issue" because the operating hours in the current CUP "were obviously wrong because we never discussed any change to the operating hours." On March 3, 2021, Mr. Puma emailed a copy of the 2008 minor modification to the CUP to Mr. Watson with the statement, "I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you." Mr. Puma admitted that he has had no further communications with the City regarding the approved operating hours for The Bank since this email. 62. Mr. Puma admitted on cross-examination that he is aware that CNC Puma has paid the City thousands of dollars in fines for the citations discussed above. However, he also admitted that he has never appealed any of those citations, but believed that Ms. Lane was doing so because she told him she was "fighting the citations." However, he also admitted that he was not aware of exactly what Ms. Lane was doing to "fight the citations." He stated he is not aware of any person submitting an appeal document to the City for any of the citations or civil penalties. 63. With regard to the use of a D.J. as entertainment at The Bank, Mr. Puma testified that he did not believe he needed a modification to the CUP to have a D.J. because he does not believe that a D.J. is live entertainment and is instead just a recording. With regard to drag shows, Mr. Puma stated that he believes a drag show complies with the approved condition of the 2012 CUP approving indoor music with one instrument and one vocalist because it is "indoor live entertainment." He admitted 0035 that the live entertainment was approved to happen during dinner, and he simply stated that drag shows are "not his thing." 64. Mr. Puma admitted that he never talked to Norman Solomon or anyone else from Zip Third about the citations or civil penalties discussed above. Mr. Puma testified that the last conversation he had with Norman Solomon was to inform him that Mr. Puma would be moving out of the country, and that Ms. Lane and Ryan Parent would be dealing with the day-to-day operations of The Bank and would be communicating with Mr. Solomon. 65. Mr. Puma testified that he is aware that CNC Puma filed for Chapter 11 bankruptcy sometime after February 2020. He was not aware of exactly when or the specifics because "that was done by Amanda and Ryan." TESTIMONY OF AMANDA NICOLE LANE 66. Amanda Lane, formally known as Amanda Moore, is one of the owners of CNC Puma, d.b.a. The Bank, acts as the President and C.E.O. of CNC Puma, d.b.a. The Bank, and is the day-to-day manager of The Bank. She has held these positions since February 27, 2020, when she and Ryan Parent took partial ownership of CNC Puma, d.b.a. The Bank. Ms. Lane testified that there are currently four owners of CNC Puma, d.b.a. The Bank, namely herself, Craig Puma, Christy Puma, and Ryan Parent. Her duties are oversight of all operations of the restaurant, including scheduling employee hours, managing payroll for employees, all administrative duties, interacting with the community and law enforcement, even bussing tables. Ms. Lane generally has an on - site presence at The Bank during almost all operating hours. Ms. Lane and Ryan Parent took a partial ownership in CNC Puma, d.b.a. The Bank, on February 27, 2020, and two - and -a -half weeks later the COVID pandemic forced them to shut down the restaurant. The year 2020 was devastating financially to the business. At the end of 2020, The Bank again was operating as it had previously until 2:00 a.m. 67. Ms. Lane described The Bank as a bar and restaurant serving Mexican food. The Bank is closed on Mondays, but is open at 11:00 a.m. on Tuesdays through Fridays, and opens at 9:00 a.m. on Saturdays and Sundays. On Fridays and Saturdays, The Bank typically closes at 2:00 a.m., and on Sunday The Bank closes sometime between 10:00 p.m. and 12:00 a.m. depending on the amount of business. During the hours of operation, and particularly during the evening hours on Friday and Saturday nights, Ms. Lane is normally located outside The Bank at the corner where she can see inside the restaurant and can watch the people coming into The Bank to ensure those people are not drunk. During Friday and Saturday nights, there is lots of foot traffic and road traffic near The Bank, and "people are bouncing from one place to another." She stated that people tend to visit multiple establishments in one evening. Ms. Lane stated that the location of The Bank is at the busiest intersection in Old Town and "everything goes through that intersection." There is no designated parking for The Bank. Ms. Lane stated that on Friday and Saturday nights, there is lots of activity around The Bank, including people going to dinner at different restaurants, groups of people looking for a place to go, bachelorette parties, homeless people, intoxicated people, and people driving and "running stop signs." Ms. Lane supervises all employees at The Bank, including the security guards. She stated that now the security guards at The Bank are licensed. However, she admitted on cross-examination that only since July 31, 2022, have all the security guards at The Bank been wearing clothing as required by City ordinances. She also admitted that in the past year -and -a - half not all the security guards working at The Bank have been licensed as security guards. Ms. Lane testified that it was not required that the security guards be licensed. She also admitted that she did not obtain any criminal background checks on the security guards and "bouncers" who worked at The Bank, because that was not required. Ms. Lane admitted that she did not know if any of her current or former security guards have criminal convictions. 68. Ms. Lane also supervised the bartenders at The Bank and stated that all bartenders at The Bank are certified with the liquor certification from ABC. Ms. Lane also trains the bartenders and provides "pour test training" to ensure that they are pouring the correct amount of alcohol for a drink. She also instructs bartenders that they cannot overserve customers such that the customer will become drunk. If a bartender feels that a customer is impaired, they can stop serving alcohol to the customer and can also have the customer thrown out of The Bank. Ms. Lane stated that most customers at The Bank have been at other bars and restaurants in Old Town already, and it can sometimes be difficult to know how much alcohol those customers have consumed prior to coming to The Bank. 69. Ms. Lane stated during her testimony that since the end of 2020, The Bank has had a live D.J. performing at The Bank on the weekends. She stated that the D.J. typically starts performing anywhere from 2:00 p.m. to 9:00 p.m. and will perform up until 1:00 a.m. depending on the day. 70. Ms. Lane testified that when she is working outside of The Bank that she and her security guards look for individuals trying to enter The Bank who are intoxicated, stumbling or stuttering, or those who "are looking for trouble." She stated that she "screens people" entering The Bank and she, as well as the security guards, will deny access to The Bank to anyone who appears to be drunk or looking to cause trouble. Ms. Lane stated that she denies entry to people trying to enter The Bank numerous times on each of Friday, Saturday, and Sunday nights. Additionally, Ms. Lane walks through the inside of The Bank once every 30 minutes, and if someone is showing signs of impairment and looks like they will "cause problems" she has a security guard escort that person out of The Bank. Ms. Lane stated that she makes many phone calls to the Temecula Police while she is working outside The Bank at the front door because she can see in every direction in Old Town from her location. She stated that she sees fights, DUI's, people vomiting, people "passing out" and falling because of being drunk, and people urinating in the parking lot. Ms. Lane insisted during her testimony that none of these people she observes were associated with The Bank or "had anything to do with The Bank." Ms. Lane knows half of the police officers who patrol Old Town by first name, and she has numerous personal mobile phone numbers of those officers. She stated that she calls the police frequently on Friday and Saturday nights for various problems in Old Town, but she stated, "most of my calls to police have nothing to do with our restaurant." 71. With regard to the shooting in January 2022 at The Bank where a person was killed, Ms. Lane testified that there was nothing that The Bank could have done to prevent a 22-year-old person from entering the property and shooting people. The person who was killed was a "former bouncer" at The Bank and had been fired from his job about six to eight months prior to the shooting. At the time of the shooting, the person killed worked at another restaurant down the street from The Bank. After this shooting, The Bank complied and cooperated with all requests from the Temecula police. 72. With regard to the shooting that occurred in November 2021 near The Bank, Ms. Lane was the individual who called 911 because of that shooting. She stated that the shooting happened after 1:00 a.m. and she heard the gunshot. A bouncer at The Bank told Ms. Lane he heard the gunshot and saw the flash from the gun. She stated that she cooperated with the police investigation regarding that shooting, and that the police determined that the shooter never went into The Bank. Ms. Lane stated that there was a bouncer who had worked at The Bank on the night of the November 2021 shooting who had the nickname, Virus. According to Ms. Lane, Virus was an artist and Virus was "his artistic name." Virus worked at The Bank only for about three to four months. On the night of the November 2021 shooting, Sergeant Hephner informed Ms. Lane that Virus refused to cooperate with the police investigation of the shooting and would not provide his real name. As a result of learning this information, Ms. Lane fired Virus from his job at The Bank. Ms. Lane stated that she has one other employee who "goes by a moniker" and that person is known as Eagle. She explained that Eagle is a Native American and his father gave him that nickname. 73. Ms. Lane testified that many of the police calls made for incidents around The Bank were not caused by customers of The Bank, and many of the police calls in the area were from other businesses in the area. Ms. Lane obtained a log of calls for service from the Riverside Sheriff's Department for Old Town through a records request. She discussed many of the calls logged on that report. 74. At the time Ms. Lane and Ryan Parent purchased a portion of CNC Puma, d.b.a. The Bank, Ms. Lane understood that the allowed operating hours for The Bank were from 8:00 a.m. to 2:00 a.m. Prior to purchasing The Bank, Ms. Lane had been there many times and stayed up to 2:00 a.m. when The Bank was operating. In February or March 2021, Ms. Lane received the first warning citation from the City for being open past approved hours. Ms. Lane contacted Mr. Cole, the individual who writes citations, regarding the warning. She stated that Mr. Cole "did not have a lot of information." Ms. Lane then went to City Hall and requested "all the CUPS" for The Bank. She stated that the City only provided her with the original 2007 CUP and the 2012 minor modification to the CUP, but not the 2008 minor modification to the CUP. She stated that she asked for the 2008 CUP because Mr. Puma told her it existed. Eventually, Ms. Lane obtained the 2008 minor modification to the CUP from Mr. Puma. Ms. Lane sent an email on March 11, 2021, to Brad Landon, the agent for service of process for CNC Puma, d.b.a. The Bank, with the attached 2012 minor modification to the CUP with the following comment: This is where music was added and the 2am time was left out (I think is [sic] was just an error on the city's part). Ms. Lane then forwarded that email in September 25, 2021, to a fire marshal for the City in an effort to get clarification. Ms. Lane stated that after she did so she "thought things were still in limbo." Ms. Lane stated that she thought there were many errors in the 2012 minor modification of the CUP and she "wanted them corrected," but primarily the operating hours issue. Ms. Lane stated that she never applied for a minor modification to the 2012 CUP to get approved hours of operation of up to 2:00 a.m. because "I complied with the 2008 CUP, and there was no reason to do so." Ms. Lane admitted that she has been closing The Bank at 2:00 a.m., and she continues to do so. She stated that if she did not operate until 2:00 a.m., then The Bank would be insolvent in 30 days. She stated that most of the money made at The Bank happens from midnight to 2:00 a.m. 75. Ms. Lane admitted that she paid over $15,000 in fines associated with citations and civil penalties issued by the City for The Bank operating beyond approved hours. She admitted that The Bank continued to receive citations and civil penalties with fines for that reason with fines totaling well over $100,000. She stated that she was a new business and did not want to make an enemy of the City so they CfIelL_ii_ just paid the fines. Ms. Lane admitted that she, and no person from The Bank, ever appealed the citations or civil penalties. Instead, she stated that "I figured once [the City] figured it out that they would refund the money." 76. In July 2021 Ms. Lane contacted David Pinkerton, a person she believed at the time was the property owner of the land where The Bank sits, to inform him of the multiple citations received by the City. Ms. Lane stated that in 2021 she had only two contact numbers, one was for David Pinkerton and another was for Sean Pinkerton, and she believed that both of those individuals worked for Zip Third, the property owner. However, David Pinkerton in fact worked for a company named Metro Resources, which is a property management company hired by Zip Third. Ms. Lane stated that Mr. Pinkerton never told her that he would do anything about the citations or civil penalties, but that Mr. Pinkerton was aware that the City was citing and fining The Bank for operating outside of approved business hours. It was not until June or July 2022 that Ms. Lane first had a conversation with Norman Solomon of Zip Third regarding any citations or civil penalties issued by the City to The Bank. Ms. Lane stated that at that time she had a long phone call with Mr. Solomon to "go over the citations," and "what was going on with the bankruptcy case." This was the first phone call or other communication that Ms. Lane had with Mr. Solomon. Ms. Lane has never read the lease agreement between The Bank and Zip Third, other than portions that were sent to her recently from Mr. Solomon regarding her obligation to provide notices to Zip Third. Zip Third's Evidence 77. Zip Third presented two witnesses at the hearing. The following factual findings are based upon their testimony and related documents received in evidence. C1Tell K TESTIMONY OF NORMAN SOLOMON 78. Norman Solomon is the manager of Zip Third, a company that "has no employees." Mr. Solomon testified that Zip Third purchased the property where The Bank sits in 2016 from the estate of Maureen Licata. Mr. Solomon is 76 years of age and has worked in real estate development and management for over 40 years. Mr. Solomon owns over 100 properties and is involved in close to 100 limited liability companies. Mr. Solomon buys properties both as an individual, with partners, and as a limited liability company. Mr. Solomon owns multiple properties in Old Town, including several on the same block as The Bank. Mr. Solomon owns nine different properties in the City and has owned properties in the City for over 10 years. The City has never complained to Mr. Solomon about any of his properties, other than The Bank. Mr. Solomon testified that the main office for Zip Third is on Wilshire Blvd. in Los Angeles. However, Mr. Solomon has not been to that location regularly since March 2020 when the COVID pandemic began. 79. Mr. Solomon first learned of the City's intention to revoke the CUP in this matter on July 1, 2022, when he received a telephone call from Jennifer Petrusis. Mr. Solomon "was stunned" and informed her that he knew nothing about any violations of the CUP by The Bank. Ms. Petrusis told Mr. Solomon that a hearing in this matter was already being scheduled, and Mr. Solomon asked for additional time so he could investigate. After this phone call, Ms. Petrusis sent the May 19, 2022, letter from Mr. Watson regarding the City's intention to revoke the CUP to Mr. Solomon. The next communication Mr. Solomon had with Ms. Petrusis was on July 5, 2022, and again Mr. Solomon asked for additional time to obtain an attorney familiar with the City. He told Ms. Petrusis he wanted to work in a productive way to resolve the issues. 0043 80. Mr. Solomon testified that "his office" first found out about the City's citations and civil penalties for The Bank in March 2022. After Mr. Solomon got a phone call from Jennifer Petrusis on July 1, 2022, he contacted his office to ask if there had been any correspondence from the City regarding the citations and civil penalties, and he was told yes. He asked for the office to collect all communications and put in one file. Mr. Solomon stated that the earliest communication from the City in that file was postmarked March 7, 2022. Mr. Solomon stated that the office only had 16 violation letters contained in eight envelopes. Mr. Solomon denied ever seeing the August 2021 letter from Mr. Cole regarding the violations. 81. In July 2022 after speaking to Ms. Petrusis, Mr. Solomon had multiple phone calls with Ms. Lane to investigate the matter. According to Mr. Solomon, Ms. Lane told him that The Bank was not violating the CUP, but that the City had made a clerical error on the 2012 minor modification of the CUP and she was "working to resolve it." Mr. Solomon stated that prior to learning about the violations of the CUP, he never had any issues with Ms. Lane and she paid her rent on time and was generally helpful. Mr. Solomon had also never received any complaints from any other businesses in Old Town regarding The Bank, so he had no reason to believe any of the issues listed in the citations and civil penalties were happening. Mr. Solomon asked Ms. Lane multiple times to comply with the hours of operation as approved in the 2012 CUP, but Ms. Lane told him that The Bank would "go under" if she did that. 82. After his conversation with Ms. Petrusis, Mr. Solomon also contacted David Pinkerton, the property manager, to discuss the issues. Mr. Solomon learned that Mr. Pinkerton had received notice of citations and civil penalties beginning in March 2022. Mr. Pinkerton also told him that Ms. Lane informed him of the citations and civil penalties, and Mr. Pinkerton believed that Ms. Lane was "taking care of it." C11Tell qF1 I 83. Mr. Solomon stated that he did not learn that CNC Puma, d.b.a. The Bank, was in bankruptcy proceedings until July 2022 when he learned about the City's intention to revoke the CUP. Mr. Solomon stated that he had to retain a bankruptcy attorney to get relief from the automatic stay in order to begin the process of an unlawful detainer against The Bank in order to resolve the City's issues. According to Mr. Solomon, The Bank had previously filed another bankruptcy in 2019 or 2020 because The Bank was behind in their rent payments. At that time Mr. Solomon had hired a bankruptcy attorney to get relief to file an unlawful detainer action against The Bank. However, that bankruptcy was ultimately dismissed, and Ms. Lane and Ryan Parent paid all back rent in August 2020. The Bank has been up to date with its rent payments ever since and is currently up to date. Mr. Solomon stated that now that the bankruptcy case filed by The Bank has been dismissed as of late August 2022, he is now in the process of obtaining an attorney to file an unlawful detainer against The Bank. 84. Mr. Solomon testified that he has a custom and practice of maintaining a good relationship with the City and its officials. Mr. Solomon stated that he was one of the founding members of the Old Town Business Association and helped to write its by-laws. If Mr. Solomon had proper notice of the citations and civil penalties issued against The Bank at the time they were issued, he would have immediately contacted Mr. Cole and tried to arrange a meeting with the City Manager to discuss the issues. After he received a phone call from Ms. Petrusis, Mr. Solomon immediately requested a meeting with the City Manager of the City, but the City Manager declined to meet with him. Mr. Solomon believes that if the CUP is revoked, The Bank will continue violating the CUP until Mr. Solomon evicts The Bank from the property. He believes this based on his conversation with Ms. Lane. Mr. Solomon stated that if the CUP is revoked, the value of the property will decrease. He also believes that he has not been C1TelZ P•1 treated fairly by the City because his notice of these issues was insufficient for him to properly address them prior to the revocation hearing. Mr. Solomon stated he has never had this level of difficulty with any government entity. TESTIMONY OF LAZARO FERNANDEZ 85. Lazaro Fernandez is an attorney specializing in bankruptcy law. He has been in private practice as an attorney since July 1989 and has handled thousands of bankruptcy cases. Mr. Fernandez was hired by Zip Third in late July or early August of 2022 to file a motion to convert the bankruptcy of CNC Puma, d.b.a. The Bank, from a Chapter 11 bankruptcy to a Chapter 7 bankruptcy, and to obtain relief from the automatic stay. Mr. Fernandez has filed two applications in the bankruptcy court regarding those issues and obtained hearings for those applications. 86. Mr. Fernandez explained that while The Bank is in bankruptcy, Zip Third is prevented from filing an unlawful detainer to evict The Bank. Mr. Fernandez appeared in bankruptcy court regarding the two applications referenced above. The bankruptcy court thereafter issued an order on August 23, 2022, which was received in evidence, dismissing the Chapter 11 bankruptcy all together, thereby rendering moot the motion for relief from the automatic stay. As a result, Zip Third is no longer prevented from initiating a unlawful detainer action against The Bank. The Parties' Arguments 87. The City argues that it has met its burden to establish that CNC Puma, d.b.a. The Bank, has violated the CUP's approved operating hours, as well as the live entertainment provision of the CUP, and has become a disorderly house as prohibited in the applicable CUP. The City also argues that it has provided sufficient notice of 0046 these violations to both CNC Puma, d.b.a. The Bank, and to Zip Third. Accordingly, pursuant to TMC section 17.03.085, the City requests revocation of the CUP. 88. CNC Puma, d.b.a. The Bank, argues that operating hours as set forth in the 2012 minor modification of the CUP are erroneous and not valid because the City simply, erroneously, and carelessly, copied and pasted the operating hours from the 2007 CUP into the 2012 CUP without consideration of the 2008 minor modification to the CUP. Accordingly, CNC Puma, d.b.a. The Bank, argues that the approved operating hours in the 2012 minor modification to the CUP are not applicable and the 2008 minor modification to the CUP is applicable. CNC Puma, d.b.a. The Bank, also argues that the City's evidence regarding the "disorderly house" issue is insufficient to establish that The Bank was responsible for all the issues in Old Town regarding fighting, public intoxication, and other issues constituting a disorderly house. With regard to noise issues, CNC Puma, d.b.a. The Bank, argues that the evidence establishes that the noise issue was resolved in July 2021. However, CNC Puma, d.b.a. The Bank, failed to make any argument regarding the alleged violation of the CUP by having live entertainment beyond that approved. Additionally, CNC Puma, d.b.a. The Bank, also argues that the City failed to do anything to enforce the 2012 CUP approved operating hours violations by The Bank for over nine years, essentially arguing that the doctrine of laches prevents the revocation of the CUP. 89. Zip Third argues that the City failed to provide proper notice to Zip Third regarding The Bank's violation of the 2012 minor modification of the CUP, and because of that "even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third" because Zip Third has done nothing to support the CUP revocation and Zip Third is not responsible for The Bank's operations. Zip Third 11IT-1 IN also argues that the City failed to provide proper notice regarding the citations and civil penalties to Zip Third because the City did not send those notices by certified mail to Zip Third pursuant to TMC Section 1.21.050 (B). LEGAL CONCLUSIONS Burden and Standard of Proof 1. The Zoning Regulations regarding Conditional Use Permits in the City of Temecula are contained in Title 17 of the Temecula Municipal Code. Title 17.030.085 of the Temecula Municipal Code governs the revocation or modification of CUPS, including the procedure for appeal and public hearing. Pursuant to TMC Section 17.03.085 (A)(4), at the hearing of an appeal "[t]he planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." 2. "Clear and convincing evidence" requires a high probability of the existence of the disputed fact, greater than proof by a preponderance of the evidence. Evidence of a charge is clear and convincing as long as there is a high probability that the charge is true. (People v. Mabini (2001) 92 Cal.AppAth 654, 662.) Applicable TMC Sections 3. Title 17.030.085 (A)(1)(a) of the TMC provides: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is 0048 inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged. 4. Title 17.030.085 (A)(1)(b) of the TMC provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative lawjudge to serve as an independent hearing officer, and a hearing regarding the revocation of a CUP "shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer." S. Title 17.030.085 (A)(5) of the TMC provides: Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: 0049 a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Title 17.030.085 (A)(7) of the Temecula Municipal Code provides: Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning DIell�71i1 commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. Evaluation 7. The City has established by clear and convincing evidence that the approved conditions of the 2012 minor modification to the CUP are applicable in this matter, as opposed to the 2008 minor modification to the CUP. The City has also established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, has violated condition 12 of the 2012 CUP by continuously operating outside of the approved hours of operation; has violated condition 12 of the 2012 CUP by selling alcohol to customers at hours beyond that permitted by the 2012 CUP; has violated condition 9 of the CUP by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted in the 2012 CUP; and violated condition 28 c. for becoming a disorderly house. 11144_ APPROVED CONDITIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 8. CNC Puma, d.b.a. The Bank's, argument that the 2008 Minor Modification to the CUP is the applicable CUP setting approved final conditions is unpersuasive. The City established by clear and convincing evidence, through the testimony of Luke Watson and others that the final conditions of approval in the 2012 minor modification to the CUP are those conditions that are applicable for The Bank's hours of operation and otherwise. Mr. Puma and Ms. Lane's testimony that the City simply "made a mistake" by copying the approved operating hours from the 2007 CUP was not persuasive, particularly in light of the credible testimony of Stuart Fisk, who explained that the change in those operational hours in the 2012 minor modification to the CUP was purposeful and intentional by the City. Notably, when he received the approval for the 2012 minor modification to the CUP, Mr. Puma did not read them or ever appeal those approved operating hours, which would have been the proper avenue to assert such a mistake on the part of the City. Furthermore, despite over a year of citations and civil penalties for operating outside of those approved hours, Ms. Lane (or any person from The Bank) never appealed or challenged the asserted approved operating hours to the City. Instead, Ms. Lane simply paid the fines. If she believed that the approved operational hours were incorrect, then her recourse would have been to appeal the citations. Additionally, never during this process did either Mr. Puma, or any owner of CNC Puma, d.b.a. The Bank, ever apply for another minor modification to the CUP to correct the hours of operation to those they believed were correct. The inaction of any owner of The Bank to address the issue of the approved operating hours undercuts their argument that the approved operating hours of the 2012 minor modification to the CUP are applicable in this matter. 0052 THE BANKS VIOLATIONS OF THE 2012 MINOR MODIFICATION TO THE CUP 9. The City established by clear and convincing evidence that CNC Puma, d.b.a. The Bank, frequently and continuously violated the approved conditions of the 2012 minor modification to the CUP. Specifically, both Ms. Lane and Mr. Puma admitted that they operated The Bank until 2:00 a.m., with service of alcohol well after 10:00 p.m., which is well beyond the allowable 11:00 p.m. operation time and 10:00 p.m. approved time to serve alcohol, because they both mistakenly believed they were entitled to do so under the approved conditions. Their mistaken beliefs do not absolve them from their violations. Additionally, both Mr. Puma and Ms. Lane asserted that a live D.J. with recorded music and speakers, as well as a drag show do not violate condition 9 of the 2012 CUP. Their assertion was unpersuasive. A live D.J. is a form of live entertainment, and so is a drag show, and both of those forms of entertainment go well beyond one vocalist and one instrument to be used during lunch and dinner. Indeed, the D.J. performed up until 1:00 a.m., which is obviously after dinner. 10. Finally, with regard to condition 28 c. of the 2012 minor modification to the CUP related to a disorderly house, Sergeant Hephner's testimony regarding activities at and around The Bank was credible and persuasive and established that The Bank had become a disorderly house, which is defined as "disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti etc." or that "has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc." The City established by clear and convincing evidence that The Bank created loud noise beyond that allowed by the City's TMC with outdoor speakers and a D.J.; The Bank had many ongoing crimes including a murder that occurred at The Bank's patio, and many fights and incidents of public intoxication. Ms. Lane's assertion 0053 that those things were happening around The Bank, but were not caused by The Bank, was simply unpersuasive. THE DOCTRINE OF LACHES DOES NOT APPLY 11. CNC Puma, d.b.a. The Bank, asserted that the City failed to take any action against The Bank's failure to abide by the operating hours set forth in the 2012 CUP for over nine years, which appears to be an argument that the doctrine of laches applies to prevent the City from either revoking the CUP or enforcing the operating hours of the 2012 CUP. "The defense of laches requires unreasonable delay plus either acquiescence in the act about which plaintiff complains or prejudice to the defendant resulting from the delay." (Feduniak v. California Coastal Com. (2007) 148 Cal.App.41n 1346, 1381.) In this case there is no evidence that the City knew that The Bank was operating outside of the approved operating hours in the 2012 CUP until 2021 when it began issuing citations. Specifically, testimony from Mr. Cole established that the City was not aware of those violations until 2021. Accordingly, the doctrine of laches does not apply in this matter. NOTIFICATION TO ZIP THIRD 12. Zip Third's argument that the City should be prevented from revoking the CUP because Zip Third was provided with insufficient notice regarding the citations and civil penalties in this matter is unpersuasive. Specifically, the issue in this matter is whether Zip Third was provided sufficient notice regarding the City's intention to revoke the CUP, and not whether Zip Third was provided sufficient notice of the underlying citations and civil penalties. However, the City established by clear and convincing evidence that Zip Third had received some notice regarding those citations and civil penalties at least as early as August 2021, because Mr. Cole sent both a letter 1114,7I in August 2021 to Mr. Solomon at his Wilshire Blvd. address, as well as sent copies of 72 different civil penalty letters to Mr. Solomon at his Wilshire Blvd. address as early as August 2021. Mr. Solomon claimed that he did not receive these documents. However, he also admitted that he simply did not go to his office where those letters were sent during that time because of COVID. Accordingly, the City provided sufficient notice to Mr. Solomon regarding the violations of the CUP by The Bank. 13. Zip Third also argues that the City has been unfair to Zip Third because the City refuses to "work with them" to address The Bank's violations. However, the TMC does not require the City to work with the property owner, but the TMC does provide a mechanism by which the City may revoke the CUP if repeated violations have been established pursuant to TMC Section 17.03.085. The City has met its obligations under the TMC for revocation of the CUP in this case, and the City has no obligation to "work with" the property owner otherwise. While Mr. Solomon credibly testified that the City's revocation of the CUP will not stop the continued violations by The Bank, and that eviction of The Bank will do so. The only issue for determination in this hearing is whether the City has met its clear and convincing burden to establish that conditions of approval of the CUP have been violated and revocation of the CUP is appropriate under these circumstances and it has done so. 14. Zip Third's argument that the CUP should be revoked with regard to CNC Puma, d.b.a. The Bank, and not with regard to Zip Third is also unpersuasive. Nothing in the TMC provides any authority by which such a revocation with regard to a tenant but not with regard to an owner is possible. Instead, the TMC simply sets forth the procedure by which the CUP may be revoked in total. D 1 , The 2012 Minor Modification to the CUP, as well as the original 2007 CUP and the 2008 Minor Modification to the CUP, issued to CNC Puma, d.b.a. The Bank, and to Zip Third Investments, L.L.C. are revoked. DATE: October 19, 2022 Debra � Nye-Tekki�s DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings 0056 P"Z 0057 Notice of Public Hearing A public hearing has been scheduled before the City of Temecula Planning Commission to consider the matter described below: The Planning Commission will review the independent hearing officer's decision to revoke Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the property located at 28645 Old Town Front Street, Temecula, California 92590, commonly known as The Bank. The Conditional Use Permit allows this property to hold a Type 47 ABC license and provide dinner entertainment for the purpose of providing background music at the existing restaurant. The revocation of the Conditional Use Permit will disallow the alcohol license and live music. The independent hearing officer's decision to revoke the Conditional Use Permit was based on the following grounds: that the approved conditions of the 2012 minor modification to the Conditional Use Permit are applicable; that CNC Puma Corporation d/b/a The Bank violated Condition No. 12 by continuously operating outside of the approved hours of operation and by selling alcohol to customers at hours beyond that permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 9 by having live entertainment of a D.J. at The Bank, which is beyond the live entertainment permitted by the 2012 Conditional Use Permit; that CNC Puma Corporation d/b/a The Bank violated Condition No. 28c by becoming a disorderly house; and that the City provided sufficient notice to Zip Third Investments, LLC, the property owner, regarding the violations of the Conditional Use Permit by The Bank. PLACE OF HEARING: 41000 Main Street, Temecula, CA, City of Temecula, Council Chambers DATE OF HEARING: February 15, 2023 TIME OF HEARING: 10:00 AM You may appear at the hearing or provide written comments by sending them to Erika Ramirez at erika.ramirez(a),temeculaca.gov. Any comments received prior to 10:00 AM on February 15, 2023 will be included as part of the record. If you challenge this action in court, you may be limited to raising only those issues you or someone else raised during the public hearing described in this notice, or in written correspondence delivered to the City of Temecula at, or prior to, the public hearing. #3 0059 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusis@rwglaw.com 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re OAH Case No. 2022051021 The Bank CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc CITY OF TEMECULA'S CLOSING ARGUMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The City of Temecula respectfully submits its written Closing Argument in this matter. I. INTRODUCTION The Bank is not happy with the permitted operating hours set forth in the current Conditions of Approval for its Conditional Use Permit ("CUP"). Rather than go through the proper process to modify the CUP, i.e. by submitting an application to the City for a minor modification to the CUP, The Bank chooses to violate its CUP and has done so for the past 17 months. The Bank has also violated the live entertainment provision of its CUP (Condition No. 9, Ex. 9) and has become a disorderly house as defined in Condition No. 28.c., Ex. 9). The City has issued over 100 citations and civil penalties, some of which were paid by the owner and operator of The Bank and none of which were appealed. Property owner Zip Third Investments, LLC has been on notice of the violations since at least August 2021. The City is left with no other option than to proceed with revoking the CUP. Based on the evidence provided during these proceedings before OAH, including the testimony of witnesses and the exhibits entered into evidence, the City has established by clear and convincing evidence the facts upon which the Planning Director based his recommendation that CUP 07-0314, as modified by PA 08-0236 and PA 12-0041 should be revoked. Accordingly, the City requests a decision pursuant to Temecula Municipal Code section 17.03.085 that the CUP be revoked. II. REVOCATION OF THE CUP IS WARRANTED. A. The City Has Complied with Notice Requirements Temecula Municipal Code section 17.03.085 (Ex. A) sets forth the process by which the City may revoke a Conditional Use Permit. According to Section 17.03.085(A), "[I]f the planning director determines that any conditions of approval of a conditional use permit ... have been violated ... the planning director shall send notice to the permit holder and the city clerk." Judge Nye -Perkins deteUz_=Wjed that both the property owner (Zip Third 11086-0773\2714364v1.doc CITY OF TEMECULA'S CLOSING ARGUMENT I Investments, LLC) and The Bank's owner and operator (CNC Puma Corporation) are 2 permit holders for the CUP at issue. Deputy City Manager and Planning Director Luke 3 Watson's Notification (Exs. 13 and 14) was sent to both permit holders and, indeed, Mr. 4 Puma, Ms. Lane, and Mr. Solomon all testified that they received the Notification. 5 Section 17.03.085 contemplates a hearing date 45 days after referral of the matter to 6 OAH. Here, the hearing date in this matter (August 31-September 1, 2022) occurred at 7 least 57 days after the Notification was sent to Zip Third's agent for service of process, 8 Norman Solomon, and more than three months after the City sent the Notification to CNC 9 Puma Corporation, Mr. Puma, and Ms. Lane. The City has complied with the notice 10 requirements set forth in Section 17.03.085. Z 0 11 B. The City Has Demonstrated 17 Months' Worth of Violations of the CUP. o 2 12 Mr. Watson explained that the current Conditions of Approval are those contained in L o dL cr z o 13 Exhibit 9, i.e. PA 12-0041. Condition No. 12 sets forth the current permitted operating 0 N a14 hours, which require The Bank to close by 10:00 p.m. on Mondays through Thursdays and ,ov s 15 on Sundays, and at 11:00 p.m. on Fridays and Saturdays. It is undisputed that The Bank LL N 16 has not complied with these operating hours and that it continues to violate even after Uo 17 receiving Mr. Watson's Notification. Nq18 Similarly, Respondents do not dispute the noise violations. Condition No. 28.c. 19 states, "Licensees may not permit their licensed premises to become a disorderly house. A 20 disorderly house is a licensed outlet (on or off -sale) that (a)disturbs neighbors with noise, 21 loud music ... and/or (b) has many ongoing crimes inside such as drunks, fights, assaults. . 22 .. The licensed premises include the parking lot. (Section 25601 B&P, 316 PC)." 23 Respondents do not dispute that the City has properly issued several citations to The Bank 24 for exceeding noise standards due to loud music. Additionally, Sgt. Josh Hephner of the 25 Riverside County Sheriff's Department recounted the numerous crimes that have occurred 26 at or are connected to The Bank, including fights, public intoxication, DUI's, and most 27 importantly, two shootings that occurred over the course of two months. The victim of the 28 January 2022 shooting was a former 666 guard employed by The Bank who was a VVVV -3- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc I convicted felon and was on felony probation. The January 2022 shooting would not have 2 occurred if The Bank had been operating within its permitted operating hours and had 3 closed as it should have at 10:00 p.m. on that Sunday. That other establishments in the Old 4 Town Temecula area also have had several calls for service does nothing to diminish the 5 criminal activity at The Bank. Respondents cannot claim The Bank is not a disorderly 6 house in violation of its Conditions of Approval because other establishments also have 7 incidents of criminal activity. Mr. Watson, Mr. Cole, and Sgt. Hephner testified about the 8 efforts the City has taken to address criminal activity in the Old Town Temecula area, 9 including forming a special task force to visit every establishment on Friday and Saturday 10 nights. Z z 11 Finally, it is undisputed that The Bank has been using a deejay and has had drag o 0 2 12 show events in violation of the live entertainment provision of Condition No. 9 (Ex. 9). L o dL cr z o 13 Stuart Fisk of the City's Planning Department testified that the deejay and the drag show 0 N a14 performance are not in conformance with The Bank's Conditions of Approval. ,ov s 15 The Bank is clearly not interested in complying with its CUP. Contained in Exhibit LL N 16 10 are copies of all of the citations issued to CNC Puma Corporation, the owner and Uo 17 operator of The Bank. Contained in Exhibit 11 are copies of all of the civil penalty letters 18 (as of August 20, 2022) issued to CNC Puma Corporation. Code Enforcement Officer Tom 19 Cole testified that he sent a notice letter (Ex. 14) to Zip Third in August 2021 and that he 20 sent copies of civil penalty letters to Mr. Solomon of Zip Third starting in August 2021. 21 Mr. Solomon admitted that he received some of these civil penalty letters, specifically those 22 issued after March 2022. 23 That Mr. Puma never reviewed the Conditions of Approval does not excuse the 24 violations. That Mr. Puma assumed the hours of operation did not change in the Conditions 25 of Approval does not excuse the violations. That Mr. Puma provided incorrect information 26 to Ms. Lane about the permitted operating hours does not excuse the violations. That Ms. 27 Lane did not agree with the City that the 2012 Conditions of Approval are currently in 28 effect does not excuse the violations.661r. Solomon did not personally receive from !� -4- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc 1 2 3 4 5 6 7 8 9 10 Z0 11 o �p 12 L o dL cr 0` z 13 o 0 N a 14 6 ov s 15 LL N 16 Uo 17 18 19 20 21 22 23 24 25 26 27 28 his office the copies of notice letters that were sent to Zip Third's address does not excuse the violations. That Mr. Solomon's property manager failed to tell him about the citations issued to The Bank does not excuse the violations. The City has demonstrated a history of violations of the CUP by The Bank over the past 17 months. Respondents cannot now challenge the permitted operating hours or any of the Conditions of Approval. As Mr. Watson testified, the time to appeal the Conditions of Approval have long passed. Mr. Puma testified he is familiar with the process to apply to expand The Bank's operating hours. The Bank chose not to apply for a minor modification and chose instead to violate its CUP. III. CONCLUSION. The City is not obligated to stand by while The Bank continues to violate its CUP. The City is not obligated to wait for a landlord to take action against its violating tenant. The City has satisfied its burden of demonstrating violations of the CUP and, accordingly, that revocation is appropriate in this matter. Therefore, the City respectfully requests that OAH issued a decision pursuant to Section 17.03.085 that the CUP is revoked. Dated: September 6, 2022 RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS JET4NIFEk PETRUSIS Aubmeys for Agency CITY OF TEMECULA 0064 -5- CITY OF TEMECULA'S CLOSING ARGUMENT 11086-0773\2714364v1.doc 1 PROOF OF SERVICE 2 In Re The Bank 3 OAH Case No. 2022051021 4 I, Mary Greer, declare: 5 I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, 6 California 90071. On September 6, 2022, I served the within document(s) described as: 7 CITY OF TEMECULA'S CLOSING ARGUMENT 8 on the interested parties in this action as stated on the attached mailing list. 9 10 X❑ (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface. 11 I declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. 13 Executed on September 6, 2022, at Los Angeles, California. 14 15 q*4A�Y--IYIL� Mary Greer 16 17 18 19 20 21 22 23 24 25 26 27 28 0065 -I- PROOF OF SERVICE 11086-0773\2714491v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Via E-Service Via E-Service Craig Puma Elizabeth L. Martyn 28645 Old Town Front Street Tyler Sherman Temecula, CA 92590 COLE HUBER LLP cpumavi(kgmail.com 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 martynlaw2000 kao 1. com tshermangco lehuber. com rbolin(kcolehuber.com ssariswold(kcolehuber.com Attorneys for ZipThird Investments LLC Via E-Service Thomas Callaway, Esq. 43537 Ridge Park Dr. Temecula, CA 92590 tomcallawaygverizon. net Attorney for Amanda Moore and CNC Puma Corporation 0066 -2- PROOF OF SERVICE 11086-0773\2714491v1.doc MA 0067 EXHIBIT 1 EXH 1 - 0001 Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.085 Revocations and modifications —Conditional use permits, development plans, and other land use entitlements. A. Revocation. Notice. a. If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A) (4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged b. The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. i. Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. ii. Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers. EXH 1 - 0002 iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. 2. Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17.03.040(B). 3. Fees. The cost of the independent hearing officer shall be paid for by the city. 4. Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties. The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing. 0070 EXH 1 - 0003 7. Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. 8. Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing. The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution. (Ord. 20-08 § 4) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0071 EXH 1 - 0004 EXHIBIT 2 0072 EXH 2 - 0005 11086-0773\2711254v1.doc Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.010 Purpose and intent. The purpose of this chapter is to outline procedures for the processing of land use permits and other discretionary approvals. Table 17.03.010 (Approval Authority) identifies approval authority for the various planning, zoning and land use permits issued in the city. Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Planning Planning City Approval Director Commission Council General plan amendment Recommendations X1 Zoning amendment: text Recommendation i X1 changes Zoning amendment: map Recommendation i X1 changes Zoning amendment: specific X1 plan, includes specific plan Recommendation amendments Conditional use permit —existing Xl2 building Conditional use permit with a X1,2,3 X1,3 development plan Development plan X 1 (10,000 sq. ft. or greater) Development plan X 1 (less than 10,000 sq. ft.) Major modifications X2,4 X1,4 Minor modifications X2 Administrative development plan X2 Home occupation plan v2- EXH 2 - 0006 Minor exceptions X2 Sign permits X2 Sign programs, including sign 2 X program modifications Temporary use permits X2 Variance X1 Accessory dwelling unit X5 Hillside development permit X1 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. 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. 5. State law requires the administrative consideration of secondary dwelling units. These applications cannot be promoted to the planning commission. For a development application that requires more than one permit or approval, the approving authority for the entire application shall be the highest level of approval for any portion of the application. (Ord. 22- 01 § 4; Ord. 10-07 § 4; Ord. 10-05 § 2; Ord. 08-15 § 2; Ord. 03-06 § 1; Ord. 03-04 § 8; Ord. 02-12 § 3; Ord. 02-11 § 3(G); Ord. 99-24 § 5(E); Ord. 98-19 § 4; Ord. 98-18 § 4; Ord. 98-10 § 2; Ord. 96-19 § 2(D); Ord. 95-16 § 2) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0074 EXH 2 - 0007 EXHIBIT 3 0075 EXH 3 - 0008 11086-0773\2711254v1.doc Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal —Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the Planning Commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal —Contents. The notice of appeal shall set forth: 0076 EXH 3 - 0009 a. The specific decision appealed from; b. Except for the city manager or members of the city council, the grounds for the appeal; and c. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing —Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. I. Hearing —Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken. (Ord. 14-01 § 8; Ord. 11-03 § 5; Ord. 10-07 § 13; Ord. 06-06 § 6(A); Ord. 98-10 § 4; Ord. 96-19 § 2(H); Ord. 95-16 § 2) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0077 EXH 3 - 0010 EXHIBIT 4 EXH 4 - 0011 11086-0773\2711254v l .doc tity of Temecu& 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org MINOR CONDITIONAL USE PERMIT Date Stamp (Public Hearing) P�D3/E, Planning Application No. t� PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Title: t i (�� - -T7D :13PE_ L49 Li�C,u�i� Project } Description/Use: Assessor's Parcel No(s): 9 aaC) C) Legal Description (Tract, lot no.): Street Address (es):S (fl �� E7 I.1� "ibuJ tJRo,J t S-;--ry1Ec i{�✓1 `��5^y 0 General Location: T-RONT /4 Ma-;sJ ADDITIONAL PROJECT INFORMATION I s-T Ir-toolz c+-runt c �? Total Building Square Footage: 3 r7 Total Tenant Square footage: Z*0 VLourt pc-AjpirjC - tv Zoning: Sc- General Plan: Related Cases: %PA ns - 0 -�'r ex�rkoljd why sue. �0Ur',� l RAApplications- Forms\WQMManddtonal Ilse Pcrmil-Minor -Revised 06-05.doc 2 0079 EXH4-0012 APPLICANTIREPRESENTATIVE/OWNER. INFORMATION 04(-PtAtvw c-acze.. d Ao. APPLICANTlR8PRE5ENTATIVET& P k off' - 5 XrC UST FIRST ML PHONE NO. _ g ► - 5S4 - 9334- FAX NO. R5►-'SC(o - Q:lV44 ADDRESS ?a_ t�\� GA�tL%'�i G"V 71r&mU-4 C.A 9'JScl 1 STREET CITY STATE ZW E-MAIL �- k�U4Mi1 (� K'aC\aruY-,V\SY, Cc)rn � PROPERTY OWNER_ L4 cLIT14, '�-AA4AQSrc�1 UST FIRST MI PHONE NO. Zip ' _rJ �8 tDtO G7 rr FAX NO. Z.c—;o -- 59 a -- (-o4o'2 - ADDRESS_ SPw� 0NE. Ul 4DiZ lA 5C \)S!- I'T3 STREET CITY STATE ZIP E-MAIL _ 11�RDp s5 Ca' h} ravJ. Cc, I certify that all filing requirements have been satisf led for my application. I further understand that an Incomplete application cannot be accepted f r nrnrn +..� Applicant's Signature Date: i/-.Q5 -,-LODI I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, If any, may result in restrictions, limitations and construction obligations being�imp�os d on this recall property.. Owner/Authorized Agent Signature: _ X �/ �t �' `�"' Date: X Vy ' d (i� Print Name: X � ` � � �h L � iv � ( L � {'�' Written aQsthorizatien From the legal property owner Is required. An authorized agent for the owner must attach a notarized it*:ter of authorization from the legal property owner. Doaanenti EXH4-0013 EXHIBIT 5 11: EXH 5 - 0014 11086-0773\2711254v1.doc DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G iPlanningk2007%PAOT0314 The Bank Upgrade to Type 47 Min W821"g\DH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0015 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-4I (on -sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate In size and shape to accommodate the budding and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G \P1anneng\2007\PA07-0314 The Funk Upgrade to Type 47 Min i��p,VN �o �y�a �g\D}i RESOLUTION EXEMPT FROM CEQA doe V v EXH 5 - 0016 D The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G %Plammmg12007,PA07.0314 The Bank Upgrade to Type 47 Min#d# nWDH RESOLUTION EXEMPT FROM CEQA doc EXH 5 - 0017 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of January 2008. KaWy SimpkAs, Sec�ary G kPlannmp�2007\PA07-03I4 The Bank Upgrade tolype 47 R1m0Evd,8 "g%DH RESOLUTION EXEMPT FROM C:FQA doc EXH 5 - 0018 EO ACCEPTANCE OF CONDITIONS OF APPROVAL !, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. U, 1 A(, SIGNATIE l-/6) 0'�' DA TE G 1Plann{ngl2007\PA07.0314 The Bank Upgrade to Type 47 1006lanninglfiNAL COA-CUP.doc EXH 5 - 0019 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shalt deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G1PIann1ngLM71PA07-0314 The Bank Upgrada to Type 47dd&lanningtFiNAL GOA-CUP.doc EXH 5 - 0020 GENERAL REQUIREMENTS G:%P!ann;ng%200nPA07-0314 The Bank Upgrade to Type 47 0099lanningSFiNAL COA-CUP doc EXH 5 - 0021 M Planning Department 3 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date, otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GAPIanning120071PA07.0314 The Bank Upgrade to Type 47 h l IanninglFINAI COXCUP doc EXH 5 - 0022 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12. An 8. " x 11" (or larger) sign listing local transportation service providers and corresponding telepho a numbers shall be posted at a conspicuous location within the building. Informati n to assist in the compilation of this sign may be obtained through the Temecula qp Valley Ch ber of Commerce (telephone number 951-676-5090). G �N`StA' Sz jt` 13. Re hour of operation shall be as follows: Monda rsday 11a.m. to 10 p.m., Friday 11 a.m. to aturday 8 a.m. to 11 unday 8 a.m. to 10 p.m. On holidays V� the facility sha cEose a a sale of alcoholic beverages shall cease at 10 p.m. Monday- s11ay and Sun he sale of alcohol shall cease at 11 p.m. on Fridays-e Satu days. (As amended ay~��ttes-klearing on 113108). 14. A separate building Hermit shall be obtained prior to the commencement of construction, tenant improvement oNother interior or exterior improvements requiring building permits. 15, All of the foregoing condifipns shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety condition ill be addressed when building plans are reviewed by the Fire Prevention Bureau. The conditions will be based on occupancy, use, the California Building Code (CBC), Califo is Fire Code (CFC), and related codes which are in force at the time of building plan submit 1. 17. During remodeling and/or addition constructi in ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up Q their original design and performance specifications (CFC art.87 et al). \ 18. The applicant shall comply with the requirement of the Fire Code permit process and update any changes in the items and quantities app ved as part of their Fire Code permit. e These changes shall be submitted to the Fire Prevn 'on Bureau for review and approval per the Fire Code and is subject to inspection (CFC 10 19. Prior to issuance of building permit, any changes affectin the fire sprinkler system shall require a permit for the fire sprinkler system. Plans sh It be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plan must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fie alarm system shall require a permit for the fire alarm system Plans shall be submitted N the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitt d by the installing contractor to the Fire Prevention Bureau. If any cooking appliances ha been added and the hood extinguishing system is not tied into the fire alarm system; it will e required to do so. G:1P1enrnn9120tD71PA07-0314 The Bank Upgrade to Type 47 M1jiyv"fanningIRIVAL COA-CUP.doc EXH 5 - 0023 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E.A.D.), or received training from any" other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12 An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows Monday -Thursday l l a.m to 10 p.m , Friday 11 a.m. to 11 p.m., Saturday 8 a.m, to 11 p.m. and Sunday 8 a.m to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior Improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art 87 et al) 18 The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 20 Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G'1Ptanning52007%PA07-0314 The Bank Upgrade to Type 47 10001flannung%FINAL COA-CUP doc EXH 5 - 0024 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (activelreserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal. State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAPIann1ng=07W07-0314 The Bank Upgrade to Type 47 � lanninglFINAL COA-CUP.doc EXH 5 - 0025 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) G:1Planning 20MPA07-0314 The Bank Upgrade to Type 47 tyfiinbil(anning\FINAL COA-CUP.doc EXH 5 - 0026 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10.00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. G.1Plannmg%2007WA07.0314 The Sank Upgrade to Type 47J n"lanninglFINAL COA-CUP doe EXH 5 - 0027 EXHIBIT 6 0095 EXH 6 - 0028 11086-0773\2711254v1.doc 2 PROJECT' CLASSIFICATION PAN -- DEVY PR1N_^ LDCH Project Title. City of Temecufa 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 MINOR MODIFICATION APPLICATION (Development Plans & Conditional Use Permits) PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Description/Use:G�cxRiT _ �ca20► CS Assessor's Parcel No(s): Legal Description (Tract, lot no.): Street Address (es General Location: Total Building Square Footage. Zoning: Gross Acreage. Related Cases: Document 1 ADDITIONAL PROJECT INFORMATION �Z,6 r-l—V t UA) 1 General Plan: CCU ©r11wft1 w—!, 2 0096 11t$ h S-e, EXH 6 - 0029 APPLICANTIREPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE CONTACT aO�,TLAST FIRmi. PHONE NO. q I " O �' ��Ll" FAX NO. S I, ` J o " b(v ,3 �- ADDRESS ,:D�'�R c;,` S OLD -TOW tJ --Tej)V—CyU"- 9,590 STREET __ CITY STATE ZIP E-MAIL a 1 a L C^^at a; ul qr\-ez com PROPERTY OWNER FIRST PHONENO. o?n' 59 (�" L41 ADDRES STREET E-MAIL c mi. FAX NO. -l?i21A� STATE ZIP I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature Date: l o - r� - or I certify, under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. y Owner/Authorized Agent Signature: nazx� 0( Date: Ib — q—O� Print Name 1\460eeF� Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Documeni 1 111114h EXH 6 - 0030 EXHIBIT 7 EXH 7 - 0031 1 1086-0773\2711254vl.doc MAN,H09/m" Planning Department 43200 Business Park Drive - Temecula, CA 92590 - Mailing Address- P.O. Box 9033 - Temecula, CA 92589-9033 (951) 694-6400 - FAX (951) 694.6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific G 1PLANNINGt2008\PA08-0236 dank of Mexico Minor MOD\r;la?fthPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0032 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie. Iecomte(Qcityoftemecula.orq. Sincerely, Katie Innes Assistant Planner Kl/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GIPLANNINGQ00MPA08-0236 Bank of MexiM gL&WD\PIanninglAPPROVAL LETTER ADMINISTRATIVE doc EXH 7 - 0033 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DROVE: PERMITS PLUS: BNITIALS: PLANNER: 0101 EXH 7 - 0034 ACCEPTANCE OF COMMONS OF APPROVAL I, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I. have read`the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions SIGNATURE 0102 DATE EXH 7 - 0035 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional.U*se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street. Assessor's Parcel No.: 922-036-011 MSHCP Category: NIA DIF Category: N/A TUMF Category: NIA Approval Date: . October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 fours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64 00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062 If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 4(c)) PL-2 The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department General Requirements PL-3 . The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0103 EXH 7 - 0036 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application The City small be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense PL-4 The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-5 This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances Changed circumstances,include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, andthe expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this. Conditional Use Permit. PL-8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing of gates that may be constructed in the future. PL-9 This approval shall be used within .two years of the approval date, otherwise, it shall become null' and void, By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10 If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expirat;on of the Conditional Use Permit, apply for up to 3 one-year extensions of time Each extension of time shall be granted in one-year increments only. PL-11 Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E A.D ), or received training from any other program certified by 0104 EXH 7 - 0037 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08) 1 PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13. Regular hours of operation shalr be as follows. Monday -Thursday 11 a.m. to 10 p m., Friday 11 a.m to 11 p m., Saturday 8 a m. to 11 p m and Sunday 8 a m. to 10 p m PL-14. In the case that the restaurant manager would like to stay open past the regular hours. of operation (stated above) he/she maybe permitted. to stay open until 2:00 a.m When this occurs, alcoholicbeverages may be served until 2:00 a..m. as consistent with the provisions of California State Law. .. PL-15 "Last call' for alcohol service shall occur at 1:30 a m. as consistent with California State Law PL-16. A separate building permit shall be obtained prior to the commencement of construction,,tenant improvement or other interior or exterior improvements requiring building permits PL-17 All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0105 EXH 7 - 0038 EXHIBIT 8 0106 EXH 8 - 0039 11086-0773\2711254v1.doc PROJECT CLASSYFrcAI r N PA# / C>tz� I DEv# PRJ# LDC4 r 0 City of Temecufiz 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHONE: (951) 694-6400 FAX: (951) 694-6477 www.cityoftemecula.org 1j7 PERMIT APPLICATION Date Stamp RECEIVE / ee(-"O� fi n'r E Application Type (Check One): . 4�� ❑ Major CUP ❑ Minor CUP F-VP ❑ Minor TUP r�❑ Special Event Project Title: I ti- Os C- tA i — [ ^ti -E!)-."� L. pr- I ,sessor's Parcel No(s): �Z �� l L Street Address (es): .28�?+5 OL-JD 'TC7,-I'07- S i General Location: cc--�.' IF- P? a r t Q N• i L� tAoc' t ram,) General Description of Projector Event: A-P D , -n o Q G t w1 , ll r--� F" in --- 'bbiTIONAL-RROJECT IN QRMA'FItON �3. ,y; ` �'� �..� a.��'"t� .S* Say {�.u ;.,: f. �• t J --:J� Date(s) of Proposed Event: t.:Q ? y' IF Estimated Daily Attendance of Event (if applicable): Hours of Operation: I i \11`} ---- ' ALm Number of On -Site Parking Spaces at Project Location: r\o 1'� F,:: -- Will food or alcohol be served? If yes, explain: -K-3L7-Vq ON tc,,C 1E; i -C--�- D '"fOIE�- F-1 R- J v tr �6-0 �; �P'c V�G u�- �o NApplications 20111Conditional or Temporary Use Permit 2011.doc C EXH 8 - 0040 From.2505986402 Page7111 Date: 2/27/2012 3:51.57 PM i APPLICANT/REPRESENTATIVEIOWNER INFORMATION i mc.�ra�eai=�.,r_rr. �� a• aeaaaoaeyeat---'—.-cov-.= �z-�--__. . _ �.� . APPt.iCANY1REPRESt=?lTA7IVE L-{ roc CONTACT _• i S, l i1!� /� �r C► t Sj PHO IE NO. 9S ( - c%05 ' 1 J FAX NO. LAST ADDRESS � Li "J _ �- �J '�L?W �i �O f 1C) ra L�� `l -1510 sra� rr " 1 certify that all filing requirements have been satisfied for my application. I further understand that an incamplete application cannot be accepted for processing. Applicant's Signature._-', Dater AFIOAER f YOWNER (C.>� t /A �r�uT2.��.rr� PHONE NO. �� ' �J ifjcj f� FAX NO. 2S" 'v-`j F _ 6 q� -�--- ADORESS E-MAIL,__- Q!rvner C?rtifit�fiQh lJ i certify under the penalty of the laws of the State of California that i am the property owner of the property that is the stibJect matter of tl?)s application and I am aut1wizir g to and hereby do consent to the filing Of this application and acknowledge that the final approval by the City of Temecula , i property. f any, may result In restrictions, limitations and construction obligations teeing irnposeq on this teat Owner,Authorized Agent Signature:wt-,(.A ) f pate. Print !lame: V`tii Q � L !_C ETA -- .... _ _ —._ rWritten avtnorizatton frorra the legal propQ3ty owner Is requlred. An authorized agent for the owner must attach a notarizecE letter of authorizationtrorn thelegal property owner, 1 1: EXH 8 - 0041 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLiCANT1REPRESENTATIVEI-JFXtcAO rip CONTACT �Z4NAA (2QAk6- S LAST FIRST it1 PHONENO. ( 5\ 2�3' I�- l�j FAX NO. 0151 - Co (p - CD�J3� ADDRESS- b45 O LP-rowitJ 5:sQ0T S i , —Mmamt A , CA 9 59 O STREET CITY STATE ZIP E-MAIL PIAIAANII(2-- Gn)A L- IOYYI I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature ""'� Date: P-- PROPERTY OWNER LAST FIRST MI. PHONE NO. 26 O - S9 3 - 614 r 5 FAX NO. 2.570 - 57q 8 - 6 402-- p Ave U is-WZ1� CITY STATE c-MAIL U.��RPP(ZD� S S1lAyJ • C1� Owner Certification S-I'T3 ❑ I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authoTlzing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: Print Name: Date: Written authorization from the legal property owner Is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. AAAppliradons 2011\Condidonal or Temporary Use Permi1201 t.doc 01409 EXH 8 - 0042 EXHIBIT 9 0110 EXH 9 - 0043 11086-0773\2711254v1.doc city of Temecula Community Development 41000 Main Street ■ Temecula, CA 92590 Mailing Address* P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone (9511 694-6400 • Fax 1951) 694-6477 ■ www.cityoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or . Sincerely, Xuartsk, AICP Senior Planner Enclosures: Conditions of Approval 0111 ® P•inceo on Recyc:R3RPfgNNING120121PA12-0041 Bank of Mexican Food MOMPlannmg\APPROVAL LTR doc EXH 9 - 0044 AVA EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 - Project Descrlptiotr: A Minor Modification to:a-Corrditional Use+Permit, (PA07- 0314) for a Type-47-'ABC 'license. (ori-sale general) to . " allow. for dinner ,en e"' frimetii—Jor= .the purpose' of providing backgrbund�rnusic at an eXis ing "restaurant, ': � °' t »e The Bank,olF McXican` Food °!located at Zti64`a''l�ld Town a i Frohf Stree# €, Asseasor'"s=,Parcef No. 922=036�0 i'i �'` ' ° �' ' MSNt✓P C,ategoty: ` N/b: € ;: D1Fate oM - N! - •-TUMF CategofjT: iiV%A ;`, _ ` .z •Approv,al, Date-,' Fet ritary 28 201 Expiratidii L}a{e Feliruary•28,�20�j4';:`. °` ANN NG;DEPARTI '4 GetreirJ$RecjnJremerrts:., .. k . ;, D`art € :•,; ne'a !cant, d ow er•"of. he rea roe agree to. PP n . t l-o I? 7tysubjecttgthts�condtftorr,sJ aq'tiereby f ind trrnliy protec(, hold ate'nIes's;nand rlefei i the C"tty.witf� t'egai Counsel ijf the CtY%� ciwn° • .. • selection fiorri ariy and all claims;,actions, awar6s�„judgrrfer�ts; oijjioceedirt s:against tJie. _. Cttyto attack•,wset aside , annul;•or seek_marlefafy damages;resultirjgx cireatty=ot indirectly, from -any ac#ion `in furtt eran'ceof acid ttie= ep?rovaT City,-,6f%an' agency of jof°the i )strumentality�tfiereof, adyiso ,agency; appealpbc�ard orieg stati�abody�including:actions f' approved by'thevotes.of.'fhe City; concemingthPlanning�pplicatton.4_Ttie:Cty.shail.be ' deemedfor purposes of this condition, fo inelude=any agency oE]nstrdmentality thereof, or any,pf its elected or appointed officials; officers, employees;' consultants; contractors, legal counsel,`and agents. City shall promptly'notify both the applicant.and. landowner of any claim, action, or proceeding to which this condition is -applicable and shall further cooperate •fully in the defense of the action. The City reserves -the right'to take any and all action the City'deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03:080 of the City's Development Code, G:�PLANNING\2012tPA12-0041 Bank of Mexican Food MOD�1�n�h�FINAI COA-CUP.doc 1 EXH 9 - 0045 4. The City, and its Planning Director, Planning. Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modificatldr'of the business, a change in scope, emphasis, size or nature of the business; and the expansion, alteration, reconfiguration or change of•; use. The' reservation of right fo=reviewany 'Conditiopal Use Permit granted or approved or conditionally approved hereunder by.the'Cify, ifs Planning Director, Planning Commission, and City Councll,is iri'addition to, and riot in -lieu of; the�right of the City, its Planning Director, g: Planning Commission, and'City CouneWto review and revoke ormodify any Conditional Use Permit approved, or conditionally:approyed#iiereun'd'er for any violations of the conditions imposed on such Conditionaj Use Permit or for,the' maintenance of any nuisance condition or other code. wolatiori,theieori 7 ° ' zr 5., The permitt e shall opfatt a�# iapproval for ariy.W(jd ffrtatwh`s•orrevisicns tc therapprovat of .this Cindltioraal Use l'eIt - A '. 6. Thetpermlttee st all.submifa mir ormodification*appl�cat,o-mto be app>oved fo'r any extenor. changes made to tfae ljulltling, �ncluding;anyfe`1 c�69.0r gates that inay be coris'tructed ,in the future. P ?. "ibis approtiial shalibe used:withilj.two years�of the aprvat datel.otherwise; it shall become ,useehgstrliaicstruciion conterriplated'by ,null and void, is, mt'& ran loy%e2rpenoe twwhih isthereerdtompletionthisappfova:vfye, or theFl;eginning of sub�tial utilization"contemplated: by. this approval '8. If coMmeneement of the use hds-h6t".,66c6rred-within'f4, ears°of approval of this permit, the i permittee m6yWI; an applicati©n at legit thirty clays pririr to.e�cpiration of the'Conditional Use Permit, apply for jup: io' 3.prie=yeah e�ttensions df timeR Eaeh*,eXtensJ n of time shall. be: graritati in one iparA'ipp!emenis dn1y _ ..t j .. . -Y. 9.. indoor din'ner.entertainrQentconi st1n6 of one ceyboat`d or,other instrUment played.witfi:one 'vocalist.for ,ttie. pul'po�se`o • providin background r�iu'sjc°: permitt6d 'daily. from noon until 1000pmt gx �` 10. Prior to an etrploye-e selling alcohol from this facilltj ,`the alcohol licensee or employer for the facility.stiall;irns&ihatifae erraployee tias received,`'Ltce �see'Edr�cafion on Alcohol and Drl.,igs i� E.A:p.}1a receivedtraln�rili'g.f. I . I ally other p`rogr m certifeci by the California D`epartnient of Alcoholic Braverage.�Control.: {As amended at Director's Hearing on 5 11. An 8.5"x 1 V" (br larger) sign listing locallransportation,service'providers and corresponding, telephone numbers shalfbe posted at a conspicuous location within the building. Information to assist in the compilation ofJhis sign:rmy be obtained• through the Temecula Valley Chamber of Comfnerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday l l a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.ni. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility. shall be permitted to close at midnight The sale of alcoholic beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113/08). G.NPLANNINGt2012\PA12-0041 Bank of Mexican Food MC044143FINAL COA-CUP.doc 2 EXH 9 - 0046 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building pen -nits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements } 15. Final fire and life safey conditions will be addressed when building plans are reviewed by the, Fire, Prevention Bureau. These conditions will be based on occupancy, uss, the - Calffecnia'8u11d n &Code BC), Califomia Fire Code (CFC), and related codes whicli are'lri,, force at.tlfe, tim;~ of buildlrig plan submittal. ,• 'ib. During ier?�odelmg and/or'addition construction ALL FIRE and LIFE SAFETY SYSTEMS'wiil; be_ cCtaintaOed Jh "working- order and up to their original design and performance. i4; - . �'specfca#ions•�CFC art $i`LLet al): - . , 17. The applic4nt shellcbtnply with-the'requirements of the Fire Code permit process and` :update anythanges`in.the"terns and'guantities apprti`ved as pM of their Fire.Code.pemi . . E. These cl ari lies shah be'subtnit#ed to #fi`e Fire' Prevention Bureau for rev dve andappro°val,pert the' FireCades andis subject to: inspection (CF.0 105). 18: Prior to•issuance--d 4uilding-pertnit, any changes affecting -the file%Sprinktef.sy_steriikgfiafia ` N tLqufre:a`perm' it f6-rth'e fire;spnnkie6,system. Plans shall be submitted to the Fire Prevention° ` t Bureau fora roiral. Three sets of"kle� plans 'must,'be,submitted by°#he'installing v pp , . , contras or to;tfii Fira•P_reveritibn bureau., '19:. Pr ofifci Issuance of building permit, any changes affecting the fire'alarrpsysieri sh`ail require a permit for the.fire alarm Isystem. Plans shalt be submitted to the Fire Prevention burepu fb' . approval ' Three=sets,.of-`alarm•plans, must be. submitted by: tlie, installing cQn"tractor tci jhi ' Fire OrevP t on Bureau. ' .If any cooking appliances have been. added and, the,'hood.'• i extlr3g[ ishirag 'syst6mis not tied into the tire alarm system, i# will �be required #o;do so. COMMUNITY SERVICES DEPARTMENT GeperalrRequ rements 20. The developer shall contact the City's franchised solid waste hauler for disposal of constructiori'and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org-, under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the Cit}rs franchise solid waste hauler for disposal of construction and demolition debris. GAPLANNINGU0121PA12-0041 Bank of Mexican Food MODS't-14NAL COA-CUP.doc 3 EXH 9 - 0047 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beet,.wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer acid wine for consumption on the licensed premises. Must operate and maintain the licensed premises, k as a•bona fide eating place. Must make actual arid. sub`stafntial.~sales bf meals, during the' normal meal hours that they are open, at least tine, days a week: Normal mealtimes ate 6:00 a.m. — 9:60 a.m., 11:00 a.m. — 2:00 p.m., and 6:00: p:'m, - 9:b0.'0.m. Prerrilses that ar•e not g`00 five'days a*eek,Must serve meals on the da�s.theyafe open: lininors.are' allowed ore" t :tote premises`. The applicant currently has a Type 41; (od :sale beer'a`rldawii�e). ' licant Willalso. I with City Ordinance•9 ,-07s, (9 i' fid et ecu ' • '`` •• �° PP comply ty 7 ,�( d:- T" m �e Mun�clpal.Code• t 25. :Identification will be..venfied utilizing one of the;f61`6wing �•.T;. .'a. A.valid Califomla driver's license, kvalid C,alifomia identification card c, A valid military identif cation .6bfd: (active/rr serve/retired/depend'en#) d. •A valid driver's license from�any of he°fifty States qe Territoi es -of,,the t:)ttited-States A valrad"U.S. Passport r , rr f: A validg govemmenYissutrl `tden#lilt �atlorttli'su_d}kzy e !'edai,�tate, Gotr�itXor "City agency, As:•noted above', only a.valid govemment?issued tdenfificbtitirl earl' iss red bra i=ederal;` State, County or City (mu agency is a`cc4ptabie, pxo —d! it,corr�plies with the f;elpW ' re wire P' R q ments(25660Busiriessand`P'rofessio>'iCode'.): °i .. a. ' game ofgperson b. Date of birth C. Physical�description K' d. Photograph ; ` e. Currently valid (not expired) 27. Applicant will ensure all employees involvedwith the sales; service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in "the servide' and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. G:TLANNINGt2012TA12-0041 Bank of Mexican Food M0i"In&1NAL COA-CUP.doc 4 EXH 9 - 0048 M 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6.00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of. the same day (eiven If someone bought the drinks bbfore 2:00am). (Section 25632, B&P). Some ABC licenses have special conditions (restrictions) as to hours bf sale that are stricter than the law. Those licenses are marked "Conditiongil." (23805 S&P). b. Authority of Peace- Officers/Refusing inspection:. Police officers,, sheriffs deputies and ABC. inyesfl6for6i, are'SW6'rn enfor'beiment officers (peace officers),w'M t. Obwers of ti&bk, Whbther4n. plair)616t�s,qr,unlf6rm, peace offlpert havb the Iqal Nd lhiOedaO s� s right- to VW6 Ylldpns--�ed�P're"'Mis6§--iftati�'tit-6',�-dudng.busines houi' wittioa fra"fit'of.prob6b '"6ts,'saf6#, kitchen, oTany.othe�' At? area withitjithe 116*W pre I I and rebior6b)e, -Aji6r licepsees tb exclude 0e�'publlqlrorrvsome.oieq I 0s. Hdwbier, lio ensees cannot and mbst s. 'H606h 10' n "tb--t if-C8, -6r.a ult (Sections #.peace MIL (Sect] 8�,a 1 C). C. UtsoMe4-y-'H6iise::,�tlibeosi66i May riot' permit Weir llceris6d premises to become a let 160d iii6ilc, loitering, litte ng,*vandallsiri, urinatjorj or Mecatidn ffifflAo :4w zibl has Yiia6v ongoing C&n�k,� lnqitiA such nez- fjrrjn c Z I Tfip lid6irij�"6d`p'rerfilses intrude the' K4.rotf&A nbTco, e c. 316,PC),;,- parklrgplot 601 SO, d.ntertainat`adririt;,Cfn(e licensees wed offer entertainment must abide b"f . 'Uld$ ojnsee� permit 6ny,�perso'ri t pbrform q the f6llbWlnij�'r )'�tjJU J19 -sh6lF 4 �001,rse; ma�>turbatlbn, sbddmyi Cts-, of or )"HM6 c I dw, (6)-JhV opu16tIqn;,,,!l0g 1101 -acts, WM�6-"cp prof �y 66ft6cks`,-'Alf�'O�"genital' Yhe to4qh1rig, -c6-tesp1,nq von'the' brdasl�- s (c): d s-61avind6f fta q?, enffn 04 nmvi4E1r%Y1-z of =sW5dM 16n ik;O�is a 6XWV1Uttodks- a rb expos�qd to fi � ' Aa: vl'eW-s;hAV,P;"b . stage atieaiii,�i'gin'dtC�s'&66v,P'ihelinrried!4tefl6.or . F-1, $- hV 8Vdial:14W, 'trb If` "' nsee, shall 'Iem It Iev6laWr0Tn! ldast�s3k, 'om the nearest pa on,. N ice ,any pefs8ii"f6 remain in �r upqri: t h6 iicens6d premises who exposes to public view any portion of his )Rfher e'h'JtWs,-qranus, (RuI6,14�.3,G-R. Moviolates -sections e Intercourse', sodomy, masturbation, etc.) 's66he", e. Alcohol Review Board: A review board Will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. GAPLANNING\2012NPA12-0041 Bank of MeAcan Food MOd"46NALCOA-CURdc 5 EXH 9 - 0049 EXHIBIT 10 0117 EXH 10 - 0050 1 1086-0773\2711254vl.doc tA CITY OF TEMECULA (951) 3024144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No.. ---. 5879 1*1 200 3rd PENALTY PERALTV PENALTY MUNICIPAL CODE VIOLATION $60.00 W0.00 $260.00 2 tmC&I24x-0 W . ........... ....... . . ........ . ........ ...... . ....... . . . . ..... 4;;"". iii�TqM. WVAYW. rk.Q. PAZAADM-5 VEGETAIRM . . .. . ...... . . ... .. . ........... . .. .... ............ ±-E ............................................... . .. . ................. . ..... . .. . ....... ... . ..... ................. . . ....... . Wsm. . . ....... . ..... — .. . . . ..... . . ...... ......... . . . . .. ....... . ....... . . .. . ..... . ...... .... ......... . . ........... AR ................. ......... .. 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Ist 2nd Jtd PENALTY PENALTY PENALTY MUNICIPAL CODEVIOLATION $50.00 V110,00 $260.00 See Reverse Side, of Citation for Further Instructions 0119 EXH 10 - 0052 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE Na......................._...__.....»`.....-........ PENALTY PENALTY PENALTY MUNICIPAL. CODE VIOLATION W.44 8140.00 $,85O.00 t ........ TME. S.Qi... ......................................._........,......_............__............»......................... ........... fRLSUtESS IlCEt EREOUIREO ....... ............................... ....... ...._.._...» 2 . Twmll $.i2-m(d ........................ ORRFfM 3 TL#: $.Tt.tl24 iN! {%«.ffEEAYEtl. a FIfR, 8.t2.fft4IICS 'ERi, 6ERR1S. €TG. ........ S TNc 8.T2024 (N! OOMNFAfdAI. 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OF±�IC'IAL" 9it::NA'(Lti)E:; �, a as,pypg Ftcvt?rsL SId6, atio of Citn far Furtf)'er Instructions 0122 EXH 10 - 0055 CITY OF TEMECULA 951 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 58,13 ADMINISTRATION CITATION CASE No. Ut 2nd 314 PENALTY PENALTY PFNALTV MUNICIPAL CODE VIOLAVON M.00 Wom $M.00 See Reverse Side of Citation for Further Instructions 0123 EXH 10 - 0056 CITY OF TEMECULA (961) 302 044 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No . .............. ............ . ... .... W 2.d 3,d PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0124 EXH 10 - 0057 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 1" Cl '-' I" tad Nd PENALTY KNALTV KNALSY MUNICIPAL CODE VIOLATION 5.50.00 sisobo $250.00 Sep Reverse Side of Citation for Further instructions 0125 EXH 10 - 0058 CITY OF TEMECULA CODE ENFORCEMENT DIVISION �t��9) �o2-(�aa NOTICE OF VIOLATION `� 9 i ADMINISTRATION CITATION CASE. No.- ..._.._ PENAL.7Y PENALTY PENALTY MUNICIPAL CODE VIOLATION 450.00 slW100 MO.00 .......... _...................................................................._.................._ _--._.......,._...... ......_ - --------- ...., i S.OS.ti:O 8ll51NF.S>tlCkN.V.•iN,.CNli8Et1 •,•�,�,..........� c^. YA3C 8.3E.(I2C to Cif1Aom .............._..................................,_,............................._..............................................._............................,......................................_......__.. ........ 3 ihiCi R.32.Q20 jitl (YdE4ifi,Rt3�NN, iRCRYttt. REAtl, IiAIA$i)6U5 .$z"s£PAml A j YA3C0. 12.0N3 (Kt YSi45t1, REBW?S, ETC. S ;TAA; A::7.071);Vi "OFttt�i':RC?h(..... LEWtifs"d43ENP.Ai YC1:'f£. ,r hh872d28'" EiB.a.E.A%YnaR?NSb9iSttlfl� z 1hr 3.3un(w) ilfB milff(m .U;AEl' ....._.........�._....-.-... _................ ___..................................... .............................. .. 0 C A22p) ENmokCAENr ..Iwi F+ B. 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INFO: I' BUSINESS OWNER (3BUSINESS OWNER LOCATION OF OCCURRENCE, CORRECT VIOLATIONS • �e i� � BY: � Fd>r � VEHICLE MAKE i MODEL: TE_..._............._ PIAt VIN: tst tad 3rd PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION MAO 515O.00 r1m.80 t 2 3 TGS.#tkltl TN�8.77.020 (f, 1Tfh;@t1020 Eei �,»»_. f)tiSiNES [k.RF.GUK'.F.0 TiPAfTTTi OVENGR{%VN,TCAYE(t, 17EAU, IiAXAROVUf3 VEOETATWN ...»....... ... - ........... _ ........._...... TMC, 8.72 0201Ks T'RASN, USNNfS, ETC. 5 Tk $.42,020(N} COWAIERCiA?. irifilC.IN R£SIUfiNRA XI7NE G YtAC 8.4:A20 iR} VEfiiCLE REPa1Waf5fha€tTLfNfi Y TMC0.72.020(tYp ONtiEnlFtfYOAESNSAiSPUO€: & TtA 0A?.020(Y? ENCROAk?MENT ON P€EUC NFatfT OF WAY 8 70 I I 12 13 TbU.2L290. 2EI0.1LI30 IMC 10.11).M-Cil TMC f0.Ifl320 .„„, .,....„, 1w. f032.7Tj0 _....,—.�,...»._.....»..»...,...... 5TORM WATER+TEfiOAN.RUNE}TY UN.AOT1iMMI)PARKING FINE LANE dR PNONt0iTd0 PAAKtN9 »...._».._...........»».»_,.».....,..»».,.......»»».,...... 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OFFICIALS SI€aN' T UK: {{// See Reverse Side of Citation for Further Instructions 0134 EXH 10 - 0067 CITY OF TEMECULA CODE ENFORCEMENT DIVISION (�}�T)��sn�-�tina NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. DATE j[�{i�} j{� ///{jjj pfp] TtME: A. D�A"Y'' OFF THE WEEK: 4Yr[� — N.... iT"._WM1.'_�.M._t. ^:. �..�-...dam............. _r ..................... NAME: (Fiat. Middle, lash eA A ..... ...R....... 1 {+' i r-• AIL I ADDR�:ss: i � D WI STAfE: iiP: , AA .... --�. - _. ..._..__..........,m.......... THEN CUL.INFO: SINESS OWNER f.:)BUSINESSOWNER jLOCATION OFOGUUHRENC CORRECT VK)tATIONS VEHICLE MAKE: MODEL: 1.1 Z w 3ra PENALTY PENALTY PENALTY MUNICIPAL CONE V161 ATTON F:Rfl_r SIMM SIMM 1 .... ati5iiitS*.!.Kii2SE...Ev NRER.�•�__. ........_-.....-...__ � iT:tt:3,iZCY:1 (fj fiRAfTiii ....... _....__.� 3 - ........DEGArrO. �An, NIJA.R ....iv"k„TAP.�t .AOa?z.0[1in+1 •7AJi1.'ilfJ?irs.l:iv. s T1�:sirv�il;r=i n,^�rrafscai.•:e+l;rizsi�<.�Ima+.zuNE _.. .....5 `:FS; d.13,02it Ui} LH:Hwi.r 'EPFiitr.PShidJdT:GKi __. 7 TW,&12i:Z3;:Y3 I iJ'W.AUWOR lilWEPOM !:iC:RfiN..a0.iEleipNP....- - Of 3YAY j 7 .Xi(; d`2iC:A73 SRMAIYAiT:i}�TiRaAN AWN .. F 10 Th7C30.to.13{! L°N Y-W.91NDPARKENG� a Tr�1 inaoa:o 1 h XE)f8»:nAlnFazaaE to T?.ti.1.... _Ih3s, AWT;YE�Rli2_r. N,: ^YEiY............ _... _.............. __._........ ..... } iA 31C t ?4d 0 Alu:(li" r' R'.9! R AHlih t .... ............. } _libCP%ARi[. A,G.AfR:L ... } E ?S ':54; 31.;:1.0•%;l TE4t'y'ksY i! ii: PcR , 'mkc'E€T .. .-.-. _._.._ 3; f:Y E N [ .q ......... test Fi:%y':sY2FiA TfP.C17.20...:.. ...!GNti.._..... PARKt lilSSt;AFF#,�uT:AP....... S:in'7 P.NM.T!'.E0i11RE0 ..._}......_.__.. — 2..0 TM(: 17 r tAo PH01,1010 S s 1...__...........__..._.__......._.........._......._...._.�...... ._.................. ... .__.........._.. CORRECTION REQVIS- : WW Rag T I ifin -mAt- j j� j� ��w}} tD M) L1 �f 6.a * ji i.JiVl Gi-Yi ENFORCEMENT °' it �/�As�W .. NO. QPP:JR3.5 S1E'sNAYT:t'tt f l i See Reverse Side of Citation for Further Instructions 0135 EXH 10 - 0068 CM OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 9 ("'t ADMINISTRATION CITATION CASE No. ........ .... .. . ......................... IM 2.d Ird PENALTY PENAOY KNAOY MUNICIPAL CODE VIOLATION "0.00 Slul.00 S260.00 See ee Reverse Side of Citation for Further Instructions 0136 EXH 10 - 0069 CITY OF TEMECULA (9151) 302.4144 CODE ENFORCEMENT DIVISION _ NOTICE OF VIOLATION 6997 ADMINISTRATION CITATION CASE No. PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0137 EXH 10 - 0070 CITY OF TEMECULA (961)302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6999 ADMINISTRATION CITATION CASE No... ........ ... . . ........ . ........... — PENALTY PENALTY PENALTY MUNICIPAL COOS VIOLATION flsom $150.00 f,250.60 ............... , " '.., REOIflflEO —KAO, [T - io;— -I,M,�-ON —12.-0 'Wi) —(—,Vw l`E-R-0--W—N0-k!-�,l!O, j 4 LMI; A 11 (11,11 f1l, f,OMM€11CIAL Y" I',, L21-7 IIIAI it-l— ............ ..... VEN ........ �IDdEANit. NO ...................... ... . ....................... ............................ ......... . . . --- . . 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Vu+u Go mig G-- �V-PW) AWI ...... -4-- --- - .............. See Reverse Side of Citation for Further Instructions 0138 EXH 10 - 0071 CITY OF TEMECULA (951).302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6926 ADMINISTRATION CITATION CASE No . ........ .... .........____....._..__....__ 1s, 2nd 3rd PENAtTY PENALTY PENALTY MUNICIPAL CODE VIOLATION 55n.P30 $150.00 5250,00 3 TMC S.070,10 BUSINESS U('PNS€ RE01PA ) 2 Tin 6.12020 (1' GRAFH 0.12.020 JR, OWTIGROINN DECAYED, OEAO, 10 AROOOS VEGETATION L rw, , 6.12020 (k) TPASH mgm, ETC. 5 {FMC S.38.G20{Nt COM?M&R,'IAL V(�}11CLE 3Pd RE53OENiTA1 TONE' ry 0 ThiC 6.32.025 (R) VEHICL€PRAIIWISM/KOW J 7 YK V, MR0 {W) -UNHEALTHY. OR UNSAFE PCIOL B TMC$.32.0M(Y) _—...._............... _... ENCROACHMENT ON PUBLIC RIGHT OF WAY }.._..... _......... ........................ __........ __._......... .................... ............ ._.............. ..................... ..................... _........_..................... ................ ; 9 TMC $.Y32G0 i 5TOi!A#WA4:'iyTRB7dd_RUHDtf sp TMG 109Gis0 s7NA11TH'i11x4OPA..... sx It i\IS iO.iG t O OB FIRE, NE € P PROtOBTiLJ PARN€NTi 12 Y}aG fO.1G J20 PNYK'c01HAI.OAL`3N0 TONE 13 PAC 10.32.tfi6 INOYERMT VOWLE IN PUBLIC VOW ......... 1A .... _........................_.. 7PdC 18.0'r.0 0 _._..._._.__ i _ $Oil01Nu P'cghi(f RF.Oti1HEt _ .mm ........,,.,...�..... ..w.....�.....--..-......._. 1 sE TIRC I?,04.010 C_ONO)DONAL tiSE PER?,S.7 >fEOWRE.(/ . ..i.......... �� -sA `:E T?6C 3?,04.OT0 TEMPtiPA4N USE. Pr".Rhflli' R@OUiRFit _. •.,,••• IN PARK!NE .� �3B ilY:17Xd:'�l(i3;(3ji PAli,CN{i t7M Si1RFACE UF7AI'W30YT;0 .....__...................._, ... _._.__.._,_. .... hEiYtAt( 39 TA#4 `:9.;B.DsO ....... REOiiIRGU 510N 20 TMC 11 M.W0 PRINWIEDS€GN'a t S:fiN UFiE. � per°^ ' COR�iRECTION aU�N8fl. `t,� T - 1 :; 0 A -M 41,0 0j OFFoily ENFORCE MENT w + /�' _......_ >'4C 'ENO. -ICIA-1. SI(3NATUFYE _.. .a—_.{ w,,.—___—....._........ .....__..........— `� See Reverse Side of Citation for Further Instructions g �� — 139 EXH 10 - 0072 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No, ___. _�.._...— ... G4 t �71M1=_..F AM I)AY()FTH EF�C:� l✓4 NAME: (First, Middle:,,last) f Npr._..: ADDRESS: is oco CITY ...._". _._ STATE: ZIP: THFR COL: INFO: (}DLlSkNE59t)YJNER ()DUSINESSOWNER I.00ATiON Of OCCI IRRENCE CORRECT V51LATI©N4 BY 1__._._ T _.....__._.......... .................. --T----- --- . MODEL: VEHICLE MAKE: PLATE: 131 1nU 3fn PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION s10.00 $150.00 szs0.00 7 TASO5.04.',430 (tUfifffES"a LY'T:N:iE SCOUIRC77 3 - ,. .4 TR9C S:i1 E20 iNl 7b4031 QN(kl 04E...... N CL(,AYiO, DFAp HAZAPDUilS YECFTATIGPf Tf(ASH Dkt?giS (:i( _ 5 fA9031...r?O iNj CGFAMcAti?I. 4T.ki4Lk !'d RfG70FNf[A;, 7iif7P 1 5 7F.SC&92.ON (Aj :'E#ilftE kikPAllL•Y;ISMA#R1;Ni+ W01EALWY 0 UNSAFt POOL 8 YbiC is.92.02E {Yi EffG#?pAGI{MFNT GN PUBLIC 17iu1(Y GF WAY i 4 TMCa&F,E#i WIRM WaHRA1Yi01W RUNOFF �p 7K W16,1A UNAUTIMFWTO WWI :,I W;10.IrAa-a FIRE iA'.R, UR PAOFIVI '0#?V?KttNG ....... ..................... ........... ............................................_........................................... .................................._............—._..._..................._._. _...__. 12 TMO 10.76.37E "ARiLU NA LOADING TONt - - t3 'fMi:1U.5'idBC INOPERATME V(fflCLE IN PUBlJSYffW _...._............ _..... ..._.,_..... _.______..__..,,...._.._.._..._.___..._..,...,._,............._.................... 74 TMO t5.0a.0tG BUILDING PEflMtT FE.W f) ...... ____....,.,,.._._,.»...,............,._.......m......_..._......._................................................. ...............�% 7 y T6§P; il.09Dt0 OONOITiONAl. U3F. I'F:RMfT ftF.Gi1fBED a� 78 Ih§t; tY.Oa.BFi! Tti.Nifr{?RAT!Y ti:fE' PEAMiTfiWWREI.:) 97 3TAC I1.2d.029;G)(#, flVPA111,11O tt PARK03 ON SURWA EUNAkY)ftG4EG ,y #9 fWI1.23.63E 511"[N FLR#ATiREDUH§F#) ...... ..................................................... ............_......................................................................_.........__..........._ .._....___...._._ _....— ,„„,..... 2(t iMC V_29,,iifi0 PfiOtWrITED$ICNG .....:.T SIGNAT '1i" {iw�«f <W CORREC:TION�pREQUiR#Ft): ............... .,... ..........,..,.. CITY ENFORCEMENT «,�,., 7Pl,E)i'EE hi(i. ()FC 1C.At:i S#GNfdATil, See Reverse Side of Citation for Further Instructions 0140 EXH 10 - 0073 IN CITY OF TEMECULA (951) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No.,.,..- �,. TIME DAY OF THE MCI(: ....M x�x ir� v ... N ' (First, Mlddi9, tafil) •� _/\\ f'% ADDRESS: Lo CITY., STATE. ZIP oTI lER( pt.. INFO; {.BUSINEu 0.W R nBUSINESSOWNER _....... LOCA.ION OFOCCEif'6 F(ORiECT VIOLAT IONS t r1Y....._ ...... . .. VEHICLE MAKE. MODFI.; PLATE; VIN: 9e1 xaa 3 10 PENALTY PENALTY PENALTY MUNICIPAL CODE VInLATION 8.40.Oa 9I50.00 9250.00 .._.,......r........_......__...... f YMC S.Ud:0i0 ....._...._,..__.....__.,._...__....__......._..__._....._.._..,.,....._................................ BUuiNEs UCCNSE'iiiU:il1'ig.0 .. .................... ......... . .................. ..................... 2 ....._�.._.._.__.__...,,. TMC8.92.020p') GR4YEYII ............. ... .... _ 9 TMC 0200i) ._.___.____......._......__....__._....,....__.......... GVERGROV(N, UECAYI:O, OEAO, tii7AFtA0l!S YE.UF: YAY}ON ... _........_—' 8 TMC 8.12.02k ( Tt?ASH, OEURIS, ETC. 5 TMC0,12.fY20 (M} CUMMERCIA1. 4iAfiC}E IN RESU..NY!AI. ZONE ' 8 TTAt; 8.1?82U lTrI VEtiiCLE REPAidt•'UI5MANTkING 7 TMi:8.12JIM Mt UNNEALTIYYORUNSAFEPUOL i 8 TrdC Of, ....... _ ENCROAChIM[NT ON PUOI.1G YilG} OF ViAT ...___.. ..... ......:.: ..................... . ....... 3 9 TMC 828.?fkT 5IO4M WATE(4{RPAM iil tdOfF rO - TMC t1111110 1JNAIFHOaREU PA}YRIF.(i 9 t TM% 10.58.11}C$ fiRE EANE.OR PNOH}...... P...... I., TMC W.WA ZO PARKED IN A LOAOM &NE ........... _._ ...... —.._....._..__..___. .._.__...._.._ .......... ..... i3 ................................. ThiG 10.416 ........._....................m......... .._......._m.._......................._.._...... _.__ INOPERATN6 VENICU. M} PU8t1C VIEW ........... _...................... 14 TMG?S.W.010 .......... , M. _......... WILDINU PERMYY REWIRED iG T 117.W.O1U CDNDITIONALI/SE PERma REOUIRED It; T}hf 17.01.p20 TEf6PORARY UBE PEfiMIT }ifOUiNE(t LW, pd 4rfC:,TiI(i Is _jL iR ,....,..... 1 ;172di„ };tJ;S„ w.TV«IAIIQ ..._.+-..._..........................-...........................»............_...,.....,........._.._ PARKING W SURFACE UNAPPROVT:U _...................... .q........ ....... _..... ... ................ .... IT+ __..._...._. TMC Y7.28.GUU ........ ........... ............................ ..........___..:...,.,................__.._.._......................................_............._..... SIGN YE!iMiY REOUI(tEU i 20 TMC 17.28.04U PRUIi18tYkU SwtiS .....____W............... ..... .... .......................................... ....,,........ SIGNATURE:: CORRECTION REQUIRED: «f. �^y, v-1 T ✓ CITY ENFORCEMENT ` �"•. _....:.,,._ ........_�_ F.'MPU:}YE::E! NO. OFFICIAL.) SIGNATi1RE: .. See Reverse Side of Citatior dr Further Instructions 0141 EXH 10 - 0074 CITY OF TEMECULA CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. (901) 302-4144 5845 TIME: j... -. - DAY OF- WEEK: .J 71t PM ME: j0itst, Middle, L031) Vj : ADDRESS: CITY: STATE: ZIP: rIER 4 J COL. INFO: r'.. "jBUSiNESS ER _ _rjBUSINESSOWNER RTcWi6N OF OCCURRENCE: CORRECT VIOLATIONS BY::, ;. :.__............_........._-.._ VEt iICLE MAKE: _..... _............. _ MODEL _..-...�.,�,�._-_.... PUaTE —-_........ _.._� ............. .......... ._.__.._._......... _.... VIN: . ..... iac znn sro PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50.00 $law S2w.00 - 3 .050HUSINESS T�A�!4ACR12.{F7tiRA[FIT1.........E....ON.............._..-.... tMSE REG.NtEO-��w _ ...................r— v _.�....:.........._.._.._......................................._...._.............._.�...__...__.......4214CU1202 FNASfi, OE�Utri, ETCKS:DENiT.0 Z0W_ 6 TMC A.ILUYO{Ai m VENCLEREPAR1f.N3WURM ..........._ ............... ... 7 tMCt 2.U20{Yi) mItEAEITIY OR txSAFE POOL ...g TMC 0.i2.OT6 {T1 ENCROAtlPAfldrpCR-OR10fWAY 9 TW. R 202W STORM WATENWU AN RUNtt I 10 Tw I&IIII30 INALMR.lFOPARAs ..w,.....,_.. _ r i T51C f0 ifi s0 i' V R(" AIM cm P'itlffiUlTE.[3 P4RX0aYi - . 1Z .... T.W 4.10:i20 PARKEOINALOM-%' 0AE ' ._._._ 13 ....._.__......_..._.._ T:AC SU.32.1G0 _.._............._._.._._..... __.......... ... ____. ..... 9i0PERATMi V'EW6'LE iN FNRLKI TV _ ....... 0t* Hi iPERMITREOUIREO 414i.�-7CIi:ii-tli0 C l5iU10 GO 4W.i AI USE PEWT REGUM-0 17a74k20 TEM!I]iWRY1SE FEMI7 REOIft-3 - 17 .. Tt1C 11,240Mj1i ...-.....----_..-.....e................ -_...__.-......................�__�....,_._.___. RV PARiONG - ..-...._......_ .._.. 13 RVIt24iij.,4 j PARXING ON SURFACE UNAPPROVED 10 TMC 1'211.030 SIGN PF.RW RE0UR1E0 2D TWI728.010 I MIGRIIEO SIGNS - i:ORNE(:TION REWIRED: 0 76 ! CITY ENFOrCF.MENT ` ``• w EMPLOYEE N0. OFFIGAL^a SK+tIATORE: See ReveWe Side of Citation taurther Instructions 0142 EXH 10 - 0075 CITY OF TEMECULA (951) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION G938 ADMINISTRATION CITATION CASE No.. PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50-oo $150.00 $2W.00 GWrnl CGNM£RCih_tVEHICLE IN TE!, o"il I - 10Nf. E.WWANMENT ON I'OBUC , TWO WY Of WAY T �C kO,iG a,-_U Fig.( LAN40 MOOt OR) PARK NG ...... . . ...... ..... . . ...... CIONOMONN - WE PHIMITATOwino ............... ... ..... ..... ....... . -.- . ......... . ... . ............. WARN* ""22.,;M2,2"'A'' - ........ . .............. ..................... I I, TI-1 ILI I - . . . . . ....... MWW!�� AMP—iMvl) rt:96� tq'o�% uo)Ge,7'�Akh -m kvkv),&V) MDO&C-crf. qr,� CITY LNF(llR(-,eK—,,T. UK4t( A =. INVICIALSSIGNAILIR �(:,s - .......... See Reverse Side of Citation for Further Instructions EXH 10 - 0076 CITY OF TEMECULA (951 ) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6941, ADNiiNigTRATION NTATION CASE No. "I Rod Std PENALly PENALYY PENALTY MUNICIPAL CODE VIOLATION SSo.ot! $150.00 $25 0 .00 i TtAG 5.44::F."O UUSiNESS A.fOENSEUEGUIti[U .... .,..,.... ._........ _.__ ......__ T6?G b.f'[.UTii (. lifv'�EFri'I ?MO9. F?..s^x1fi �FFi pVFfdfrRi7FVN, UE AYf.F).i?EAU.HA7r�.EAUUSVEGe7ATIUN- a ?,AC 5 ?3AC 8.S2,OtO jN GGMMCNGtAI'Y£RICi£IN RCSIUENTFAS: TOYC G "rMC R.f?kJA)!R; Yr.RifF.ERf.PAniYT7GSMANYi.IIiG' .— _ 7 TMC6.i7:0 flY? 7NFIEhI.Tt.Y UR UNSAk"E Pt±SSA. [ O WC6.12.020(Y) ENCROACHM.Wr ON PUZ. MOW OFWAY i 9 ?G".C13.2S.',a aT lLIN, WA111K1FHRNROrI Fu TFrcto.A�.g;� —UN urdaen+arnzEnrA�w�;G t w_... 'i#fC IC 3C.F il i:8 . �._._: _ _......_.._._._...... _. _ ._..._ ._ . FIRE FAN[ OR PPOKB 71..0 PAR04G -. _. ........ �_ .. F2 HAC IUAU?2 _........ _....... PAIKBOIN ALOAfYNGZZW _ - ..._,_._ F3 ...__... TFF.01J 2.tQ(t INOPERATIEVE410JANPF)t11.IC YIBY ........... ........ _............ ........_'" ik �__.._._.__. Tfi4C fF�.EN.OFP. 1„„„„„„„„.„„„„„„„„.„_........ . RAlN.OIN",PERM€7 REO41RF':6 ._.._.. .... _............ _._............. 75 T#dC ?jm.00 CONOMOW4. OS£ KRM.ff A"W;REU .. ._..... 7& _........._... _._......... "K Fi,Od.O`2C .._.......................................................................... ....................................................................................__......_.........__...._.._...__ 'IYMPOR"Ay USE PERIAR REOUIRED 77 ?MCI?Td.azelUji:, iiY PARKING FS IAV;ti2dC; 1Gii` u1 PARKFi.Q UN SURFACE UNAPP??OV@.f1 iU Th4Ct7.!&OSO SIGN Pow RfOUIRto .._.........._._...._..........._.....__.,...»...,-................._....._..._......_._......._._......_.............__... :U TAiO 17.2�S.04„0HuftlSffEU:SA . 5 _ . ,t.....................%Fi.............. .... ....._. Si CORRECTION REC)UTAEt' tiJO r pw,( tc+' Yry,tF Ykt 1B L[al� 44JJ}� 1 9 kpm�f�^' -� eT /Wa ,�lSj /' - i + k , i. ....... __m._........ Cl IY ENFORCEMENT rJ tJFriC€RL`i SltiNA'A Uf{E: See Reverse Side of Citation for Further Instructions EXH 10 - 0077 CITY OF TEMECULA (951) 302,4144 CODE ENFORCEMENT DIVISION 10 NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No . ......... . ........ .................................... PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION sm.w $160.00 Orw.w See Reverse Side of Citation for Further Instructions 'P145 -k— EXH 10 - 0078 CITY OF TEMECULA CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION __..__...._.............._................._.......... DA7E: 11h1E; NAME: (First, Middle, Lwst)ml _i_............._......_.i. ADDRESS: (9 1) 302.4144 0 CASE No... ........................_-- �.,; ..... ........ -.,.. __.._._._..........__�-............_................ ,,, DAY OF THE WEEK: STATE: SIP: CDL. INFO: j;: S OWNER ,t, t4 ESS JYNf"INr:N : � LOCATI7N OF 6CCU�RENCr"giRECT Vc`ID�IATfONS �• VEHiCL.E:. MAKr:.: P ATE: VIM MUNICIPAL. CODE VIOLAVON 1s1 2nd 3rd PENALTY PENALTY PENALTY 5S AO 150.00 sa:ux.ou See Reverse Side of Citation for Further InstrLICtionS 0146�� EXH 10 - 0079 CITY OF TEMECULA (951) 302•4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE No. _...._....... --........... _.._.-...................................................................... _. ......................... UAjF.;_ Zv DAY OF THE WEEK: y _....... .._.._IR-A„ NAME: (First, Middle, Last) (;}mr-A c i i3A.f SAD LA NboN, �� tz ADDRESS: g�yp (`�w��qq �� j 2-64 r a f✓ 44+ t V Y M tJ _................. ...... _.,.,_............,..........................:............. _.,...,.,,,,,.,_...........,.,...........,..,.;.,...,. _,._,.,,_._,.,....,_.,...,,._....................,...,.,..,..,.. CITY; S'T'A'f'E; ZIF': i FiiyLC7ou LA THER_,A "" COL, INFO: (jBLIVNESSOWNER QBUSINESSOWNER ........................... LOCATION OF OCCURRENCE: o ................. CORRECT VIOLATIO.� 18 RY:- V : VEHICLE MAKE: MODEL: PLATE: VIN: im -2. 3td PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION 0,50,00 $160.00 $250.00 1 TMC9A4,0.10 RI!SINESSLICENSE'REOMRk'D � 2 .,.M............................... iM08.120200} ORAffITI ,...,...,..................................,,.., 3 TMCA.12,020 MJ DVEHGROWN,OECAW, DEAD, RAZARUOUSVEGET'ATION d TMC Al2.C2q (K} TRASH, OEBRIS,CTC. S 1MC8.12.020(N) COMMERCIAL.VCWICI.E'INRESIUEI7TIAI.XONE ti TMC A,f2.020 (ITJ VFkiICIE fIf.PNWUISMANII.INU 7 TMC A,12 f+?.q (Wl UNHEAlTHY OR UNSAFE M)UI. 6 TMC q.12G20 (rJ ENCROACMME'NF pN f'URLIC RIGHT OF WAY 0 TMC A2tlYA7 uTtlHM W,ATEMIRBAN RUROkf tU TMC t0,l6.tg0 UNAUTHORMOPARKINO _. ..........,....:.,....,.... f 1 ING 1(t.16.fgO,C6 .........,.c.,..,,..,.,,,,.,,,,,,,.,.,.,..._....................,......c.....,,......�...,,. fIn uk. f OH PfIpl{tdl :'O PARI(1N4 T.___......................................................................................................... ._. ............. l e ............... ............_ TMC 10,161PO PARKED IN A WAGING ZONE .__...__, 13 .............. TMC10.32TED ...._.......___.... iNOPEtTATNEVEHIC(.E.INPIIBI.ICUff.W 14 YMC iSO4010 __..........,.,._._.__......._ .,._.........._..__.___.,_..... BUILOINQ PF.RMIF IIk'D(BRE41 .,.. ..._._..,._..... ...... _...... _. .............. 15 ..�_.....�..,,.. TMC 17.(4.010 ,.,..,,,..,.,.,,...-._..__.._._.�..._.._...._........__�...... CONDITIONAL t}Sk' PE'RMIF Rk'.QUIRED .....,_,_... _,.. 16 ,.,..,................ TMC 17,04.020 TEMPORARY USE PERMIE REQUIRED ............................................................ .......... 17 TMC 17.24 r.M9{. Tl}(l; RV PARKINC .............................................. ......................,,.,,.,.....,.....,.......,..,................................. iR TMC I7.41.f4�011NC,j PA 4G ON SURFACE LINAPPROVE ) _...:....:............ .............--------__..-...__.._..___�.�:----.......__"__............................. ..,...,,,.......................... 10 TMC17.2BASq OIONPERMITREOIIIHfp 20 TMC 17.P.8.040 PROHIBITED SIGNS _... _. VIA CIi1rl h't�fi�l.,, ,.................,,.,,,.,.._........................... ,............_..,.........................,........,,,,,,,,,,,.,..........................................,,......... lIT�gkU�{U/iRLC). "'�j �py}"�y�� 'COFifTECT10lN p(pq,� �yx��'�/f�q Q�✓y��f ]1 tP L V wlodl +ArIOt>S,[�4�/Pfy{''"iyY."^/yY�/�5�yw"l,{P�,y�y(gp �yOV+�y ' A V Vt W M' 00 f oxjAW ............................................. ...................__.....,............................... ...... ............. Y ..,................... CITYENFORGETMENT ny f N0. SIGNAW CFPICIALS � ��„� See Reverse Side of Citation for Further Instructions (01 0147 EXH 10 - 0080 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 7114 ADMINISTRATION CITATION CASE No . .. . ....................... -.- ....... ... ............ . PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions ('ez'I - b EXH 10 - 0081 CITY OF TEMECULA (961) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6944 ADMINISTRATION CITATION CASE No..................._':..._...... ................... . . . Ist 2nd Sid MNAUY KNALTY PeNALTY See Reverse Side of Citation for Further Instructions 1(0 0149 EXH 10 - 0082 CITY OF TEMECULA (961) 302.4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 6947 ADMINISTRATION CITATION CASE Na.. __...— ._ � � _._......._. ist Ind 3r4 PENALTY PENALTY PENALTY See Reverse Side of Citation for Further Instructions 0150 EXH 10 - 0083 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION ADMINISTRATION CITATION CASE NO. __.._____. tat 2.116 30 PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION $50.00 9150,00 $250,00 _..... 7.., ..................... _...... TMO 5,0030 . UUSINESS LICENSE R@DURED ........................................................................ ......_.. ........ _ .... 'L TMGB.i2.020 (t} GRAFrin .._........... _........_.. 3 ............. ._. TMCB.T2.WA(i0 _.___....__............... GVEROfiOYM,DECAYED.DEAD,HAZArDDUSVEGETA'RON ._............. .............................................. ...........__W __ —_..... .............. ...._........ A V TM"E.12.010{K} .....,........_.............................._..._._..._......_._..._._...__...-......„,„...„.-.„„,„ TRA'SH,OE0R15,ETC. ..................... .._..._.. 5 TML'O.t3A20 (N) .,..m GOMtdEROTRL VER:GLE tN HE$ICENTLAL ZONE ._.... _.......... .. _....._._..,.... ........ o" TMG tCLE REPAIrb'O: MANTLING 7 IMG$.t2.020CAI) UNHEACRYDRUNWLM0L 0 TMG P,.t2.020it1 ENGRDAC,i1MENT Ori PUBLIC RiC,ITTOF NAY - <) yhzemw STORM YtATEI'4llRt3AN HU40F% 10 _..._. IM W16,110 --.-....__ UNAUTHAR1LE0 PARKING _......__-.___._.._.._.._.._...._...._....,.................... I TIAV '10130-C8 d1RELhNEORPROK ROP>AII010 ._...,.................. ...... - t2 TMC 10.1E.320 _...._.._.........._........_....._.._....__._,._._.._....._.._....._...._...._.._._..._._.,....._ PARKED IN A LOADING TONE ................ .,._ t3 TMC T0.vAp _ _..... 'NOPERATxE VEHICLE I:t PUOUC View _,._...__._...___._.—._.,...._ .........._ti..._........ i3 TM'i5.0'.A10 _...k........,.__..__...._._W...._�.__.._..._.... 01); NG PERMIT REOVIRED _.._. ._..._.. .............. m....,... 15 ......................................................................................................................................... ....................................................................--..............,............................................._.._..................:_. TMG 17.04.010 GGNOMONM. USE PEWAI REDUIRED ..... _-------- .._ 16 TWIG t7X4.0?.0 TEN".PORMY USE i' OWIT HEOUM0....... _ ......_..... .....Yt....h..A6...0 .....1.).S...?...O..lJ.T.T.T..�.l.Ci..1.Tj.[j..t.}. ...7..I..A...R..K..I..NS ..R.....V...P..A...T...K.....1.N......G...........E..................,.............._ ...S...UT_.EA...G...U..N.........4...E..U_..._.._.................................... ._.t..tY.i.. ..ON . ............._ TU TMG 17:2tl 030 ... SIGN PERMIT REQUIRED 20 TMET'21F40 PNOKBITEO SIGNS ........:................. ........ ,............... ..... _......._....�_ 5 A'uR VIA ee-TIT-9 1-:11-b M4L- 5� CORRECTION REQUIRE L. '-yam '®�,�'fdd�q"p�>t!/.0 Lg cc a�' tt pp CITY ENFORCEMENT OFFICIALS GIGNATURE: See Reverse Side of Citation for Further Instructions uplv�,V - O U16 0151 EXH 10 - 0084 CITY OF TEMECULA (951) 302-4144 CODE ENFORCEMENT DIVISION NOTICE OF VIOLATION 7122 ADMINISTRATION CITATION CASE No. ---- PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION W.00 $iwm $250.00 See Reverse Side of Citation for Further Instructions 0152 EXH 10 - 0085 EXHIBIT I I 0153 EXH 11 - 0086 1 1086-0773\2711254vl.doc City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te1neCU16aCa,9ov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 27, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of give hundred dollars ($500.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. if you have any questions regarding this matter, please contact me at (951) 3024116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager tciryafiameeul.t.ar6�sharr iUserst'ram.('crlclC:Ot,[r,iwiviIponaNcs.]heBank1.2.7JUt...2O21.do4 0154 EXH 11 - 0087 icy of Temecula Community Development Department Code Enforcement Division 41000 Mein Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax )951) 694-6487 • www,tenreculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a tine of seven hundred fifty dollars ($750.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager arid/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Sgt. Jason Gore, Temecula PD :\cityoRcmecula,arg\shagesUisees\ ('nm.C'oIe COLk l'?civilpenaties.`t'ht iatnk2..30,JUL.2021.doc 0155 EXH 11 - 0088 Cit of Temecula Community Development Department Code Enforcement Division 41000 Main Street •Temecula, CA 92590 Phone (9511 302-4144 • Fax (951( 694-6487 • www.temecuiacc�.gov (',NC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Sections, § 111.1.1 and § 111.2, of the California Fire Code. (Occupancy). Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of five hundre: d dollars ($ 500.00) for continued violations of the California Fire Code, Sections, § 111.1.1 and § 111.2. Continuing violations of Fire Code Section will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951 ) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Sgt. Jason Gore, Temecula PD `:`;cityoflemecula.orQ\shares`•.t.:sefs\l,ollt.("OIC\C OI.,i7, f\oivilpenaties,'flieBaitk.3.30,Jt.1L,202 Uoc 0156 EXH 11 - 0089 city of Temecula Community Development department Code Enforcement Division 41000 Main Street . Temec:ula, CA 92590 Phone (9.51) 302.4144 • Fax (951) 694.6487 • www.temoculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite -9300 � Temecula CA 92590 r Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 31, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.O0) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager \\cityoRem=[a.or,sharesllsees:'I"oin.ColeWOLETlcivilpensalies.l3fii9,;{,j_UL202Ldoe EXH 11 - 0090 cry of Temecula F41 unity Development Department Enforcement Division Mein Street • TernE;cula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terTieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590` Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 1, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager !\oityoRemecula.ni•etsharesllserst'rom.('crle�(:'Ot.[� t',civilpenteties.'I'hetiank5.O I .AtiCL2021,doc 0158 EXH 11 - 0091 city of Temecula FCCCordemnforcement unity Development Department Division Main Street • Temecula. CA 92590 Phone 19S 1 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 1, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17,04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to ;gay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of tap to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager V,chyoflemecula.crrglsharesit!sersCti�tn.t;nlc't(:'OLE'1 ici� ilpenat ies: l'heEhnk(i,t)(iAO(i.202 ) .doe 0159 EXH 11 - 0092 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 7, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section 17.04.010, (Conditional Use Permit) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand ,dollars ($1000.00) for continued violations of the 'Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;',cityc ltcnicc�da.orT shares!l.!se" eiviIpenaties, Ilic 3ank7.07A00.202I doe 0160 EXH 11 - 0093 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phoney (951) 302-4144 • fax (951) 694-6487 • www,temeaculaca.gov NOTICEAND ORDER CNC Puma Corporation T Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 2.8645 Old Town front Street, Temecula, CA 92590 On August 8, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9,20,040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of five hundred dollars ($500.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards), Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116, Sincerely, 'Arp Cole eld Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager V,.6ryaitemeeu1a.car&AsharesAJsers\Tom.Co16COLET'',civiIhenatiesMa ,)18AIJG,2021.doc EXH 11 - 0094 Ci�/ of Temecula F41 unity Development Department nforcement Division Main Street - iernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re. 28645 Old Town Front Street, Temecula, CA 92590 On August 13, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20,040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a find; ;;3r s; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;c.ityoftemecula.orgishares IJscrs;l OIT).r. UIC\(. (i1..1.`.1 Acivilpenalies.ThcBank 10.13A11G2021.doc 0162 EXH 11 - 0095 City f mecul Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 , Fax (951) 694-6487 • www.temoculaca.gov DR 2 FT i� 42 " . CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a find of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you rnust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager ;lcityottc:rnG.cola.cxglsluirestlisetst'1`orn.Cale�C'C)t.ETleivi llaeualies.l'het3ank 1 1.14AUG202 ] .doe 0163 EXH 11 - 0096 Gt/ of T Community Development Department Corse Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone 1951) 302-4144 • Fax (951) 694-0487 • www.teryieculaca.gov CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 14, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand (Iollar.s ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager cityollcmeculaor isharesU)seistiC'our.Cole;C'C>LG'(\civilpenaties."lh�l3ankI2.I7AUG202IAoc 0164 EXH 11 - 0097 Ci�/ [4 C Community Development Department mm C Code Enforcement Division 0001 1000 Main Street * Temecula, CA 92590 0CPume Corporation Brad Landon, Agent for Service 2869Old Town Front Street Suite #30O Temecula CA 92590 Re: 2O045Old Town Front Street, Temecula, CA92590 On August 20, 2021, 28645 DW Town Front Stree, CA 82590. was found to be in violation of Section § 8.20.040 (Sound Standards), of the Temecula Municipal Code. Pursuant toTemecula Municipal Code 01.24.O40this correspondence shall serve asyour official "Notice and Order" to pay a fine of one thousand dc)liam ($1000.00) for continued violations of the Temecula Municipal Code § 920.040. (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount ofupk/two thousand five hundred dollars ($2,5OO.00)per day. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil peno|Uov were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please boadvised that each failure Vzcomply with the Temecula Municipal Code isalso acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|eouo pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 38 days ofissuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Uyou have any questions regarding this matter, please contact moo*(951)JO24118 Sincerely, Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xciomnnnecoIa. vm�\81 I'l uuxxsr`lei w4m,*ms.zmmIGoo1.doc 0165 ON of Temecula Community Development Department Code Enforcement Division 41000 Main Street - 'Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temec:tilaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 21, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code.. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay .a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager arid/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager \iiiryc>fiemecuh.or t haresll.;sers l`ant.C'QIe\(.OL.� t iclviIpe iatics. I IwBank14.21AUG202I.doc 0166 EXH 11 - 0099 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon. Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 27, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand cidlars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to Tfv1C 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager ticityorlrmecula.�r isharesiUsers Tcan.{'ofc:i(:t�C.t'ikiviipcnaties.i'17eF3ank15.27AL)(32021.doc 0167 EXH 11 - 0100 City Qffemecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694.6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 28, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to tray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager i,cityofl'emectda.oro\shares\1!sersCl'om.C'ole\C0L1:r\civiIpen aties.l _13,�nd6„8AIJG2Q21.doc EXH 11 - 0101 City of Temecula Community Development Department Code EEnforcement Division 41000 Main Street •Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tc,.meculaca.gov 'OFF CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 28, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by cornpleting a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager \leityoflemec�la.prgishnres'sltser'Pom.Ccrlei("O1.t.Tlcivilpt:nsties.drit, 3SEFIT202Ldoc EXH 11 - 0102 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street * Temecula, CA 92590 Phone (951 ) 302-4144 * Fax (951) 694-6487 * www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 4, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manage Norman S Sullivan, Property Manager ,lcityc: nenrecula.or ;lsh,areslllsersi t om.C;ole��'OL[.Tici� ilpeni;ties.'fheCinnk I K04SEiPT2021.doe 0170 EXH 11 - 0103 Cif of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www,temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Ternecula, CA 92590 On September 10, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of of thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9,20.040, (Sound Standards). Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to cornply with the Ternecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Hciryortemeaula.or istu�nsU.;sersTcrm.C"vlelCa7t..C?,l'ici�itpc:unties.I'lieliank,19.IOSt;PL2f)21.doc EXH 11 - 0104 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694 6487 • www.tellIeCLJlaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 11, 2021, 28645 Old "town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to fray <a fire of ors€:x th€: usar€€:i dollars ($ `000.0f1) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager 'tit;IryLSi`t L^.1116CUI8.Qi" �5iY4P�s11.1tiLf$57`i)171,C_,oiu?.(; (.)t. 11Ci Vi(PCrlaliL..1I,112. 11 S EI'T2021.doc EXH 11 - 0105 Cif of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951 j 3024144 • Fax (951 ) 6946487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 17, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City .Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\ciryoiiemecuWorg\shareAUsers?Toni.Cele\CU1..F. 1"tcvvilpenatiEdIffi.174F,PT2021,doc EXH 11 - 0106 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302.4144 + Fax (951) 69+6487 • www.terT1eculaCa.g0v Az ,Mr Mil:' CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 18, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a tine of one thoustrrrd dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by cornpleting a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1}ciryoftcn'iecula.<rgishares'tUscrst'1'oin.(i�1�1C:CILEI;civi(p4naticsM.t+ilj 11RSBPT2021.doc EXH 11 - 0107 City of Temecula Community Development Department Came Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te.meculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old mown Front Street, Temecula, CA 92590 On September 19, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 9.20.040, (Sound Standards) of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 9.20.040. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C\Uscrsltonr.c.ole\AppDatalRoamingtMicrosoll\.WordiAutoRccoOy iyy.�ivilpcmaties.fh4r3ank?3.1i9SEPl'2021.asd.doc EXH 11 - 0108 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Terecula, CA 92590 On September 24, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21, If you have any questions regarding this matter, please contact me at (951) 302.4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1leityo flemecula.or�!shares`:1 !serslTcnn.C'i�le.\('() LE'1'tci vi Ipenat ies. jje�t{�,Z },1 t)SEP'1" 2t12 I .doo EXH 11 - 0109 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951' 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 24, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \1uir�nflemecuh.orgisharestl)sa;rs\Torre.(:vle:C;01..ti:Tlcivilpenaucs�. i ikf4SEPT2021Aoc EXH 11 - 0110 Gy of Temecula Community Development Department nforcement bivision Main Street • Temecula, CA 92590 Phone (951( 302-4144 • Fax (951 ) 694-6487 • wvvw.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On September 25, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager andlor his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact 'me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager l;cityuftenrccula.org`•.shares\UsersVfom.C'ole\COLETk:ivilpenaties y 25SEPT2021.doc 16116 EXH 11 - 0111 Ci� y of Temecula F41C Community Development Department mm C Code Enforcement Division 0001 000 Main Street - Temecula, CA 92590 CNCPuma Corporation Brad Landon, for Service 20093Old Town Front Street SuhoAV00 Temecula CA825SO Re: 2d045Old Town Front Street, Temenula.CA92590 On October 1, 2021, 28045 ON Town Front Street, CA925S0. was found tobe in violation ofSection § 17.04-010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant mTemecula Municipal Code §1.24,04Uthis correspondence shall serve as your official "Notice and Order" to pay o fine of one thousand du8um ($1080.001 for continued violations o/ the Tom*ou/o Municipal Code § 17.O4.O1O.Continuing violations cf this ordinance Will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars <$2.500.00> per day. The City Manager and/or his designee monrvoe the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history ofwarnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right Yodetermine the daily amount assessed for any additional Civil Penalties. Please baadvised that each failure k/comply with the Temecula Municipal Code isalso acontinuing criminal violation and each violation is a Misdemeanor carrying a potential penalty of six inonths in jail aridlor up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance arid then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Luke Watson,City Manager Jennifer Pohuuis.City Attorney Amanda Moore, Manager Norman GSullivan, Property Manager snom /ocTmz/.do 0179 EXH11'0112 City of Temecula -1.. Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tf?meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Ternecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 2, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of One thou,"nd r1ot m', ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302A 116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tieiiyoiierneculu.orglsta+resalseisiTe,ni.C'o1cEC:(:)t.Ia1'civilpenatlets."T'het3ank.27.t)2t:X:"r202I doe 0180 EXH 11 - 0113 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 8, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a rnisderneanear carrying a potential penalty of six months in jail and/or up to a $1,000 per clay fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ldcitynftemecula.ar'.shareslUsersi'1'om.C.cr1e;C;C)LC '1 tcivilpenaties:'l"hi.Ciank.28.{)8C)C"i"2U2I .doe 0181 EXH 11 - 0114 Ci / of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 094-6487 • www.terneculaca,gov CIVIL PENALTY 'NOTICE AND ORDER CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 9, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00; for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing farm within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302A116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ,\cityoHemectila.orglshareslUsers\Tom.Cole\C{)1...1 lAeivilpe>naties.'1 hel3ank.29A9C)('T202I.doc 0182 EXH 11 - 0115 Cit y of Temecula [4 C Community Development Department mm C Code lEnforcement Division 0001 1000 Main Street * Temecula, CA 92590 CNCPuma Corporation Brad Landon, Agent for Service 2VO9OOld Town Front Street Suite #3O0 Temecula CA8258O Re: 28O45Old Town Front Street, Temecula, CAA258O On October 15, 2021. 28845 OW Town Front Street, CA82590. was found to be in violation o(Section § 17.04.010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1 24040this correspondencenhaU serve as your official "Notice andOrder" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or dtshons, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure tncomply with the Temecula Municipal Code is also continuing | violation and each violation is a misdemeanor carrying a potential penalty of six months in jail arid/or up to a $1,000 per day fine. P|oamo pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Kyou have any questions regarding this matter, please contact moat(951)0024110, Sincerely, Tory) Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke WatsonDeputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager o^��n/Sucrzm/doc 0183 EXH11'0118 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Rhone (951) 302-4144 • Fax (951) 694-64B7 • www,teni culaca.gov y CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 16, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010 (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one: thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\41ty'O[')Cft7G4Ui8.or�'tshar�slt!secs\"I'om.(.b[e\t::O1..E�[lcivillaen�ties.'['huf.;aiik..'i I. t6C)C"f2021.dac 0184 EXH 11 - 0117 city of Temecula FC:ode unity Development Department nforcementDerision Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 « www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Terecula, CA 92590 On October 22, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you rnust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116, Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager t,eiq-uflerne;oul��,argtshlres\1.Jsersi'1"om.C`UlulC:'t:>I,i"s'11�.ivilpentnies.'1'hel3ank.3 L21.00'T202 Ldoc 0185 EXH 11 - 0118 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951( 694-6487 • www.temeculaca.gov n CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 23, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official ''Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager itciryonentecula.orgWiares'•.Users,Tom.Cole\('01,i-. T;civilpenaties.TheBank.32.23QCT202 Ldoc 0186 EXH 11 - 0119 Cit y of Temecula FCommunity Development Department Co�dmemEE,, nforcement Division 000 CNC Puma Corporation Brad Landon, Agent for Service 288S3Old Town Front Street Suite #3O8 Temecula CA 92590 Re: 2D645Old Town Front Street, Temecula, CAS2590 OnOctober 3O.2021.28G45Old Town Front Street, CAS2590.was found \obeinviolation ofSection g17D4�01C\ (Conditional Use Pennb.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand do|lmrs (81000D0) for continued violations of the Temecula Municipal Code § 17.04.010.Continuing violations nf this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager anti/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil ponobiau were the pant history of warnings ond/orciteUonu. and additional evidence. The City Monagorond/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. P|noee be advised that each failure $ocomply with the Temecula Municipal Code is also acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days ofissuance. |fyou wish V»contest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant tuTIVIC1.21. Ifyou have any questions regarding this matter, please contact moo8(Sb1)3824118 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xar^no�omm^�uopomu�mn�xcomxz��o\dwlp*mties.rlie00(1o0/doc G./ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951j 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On October 31, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to Ttv1C 1.21. If you have any questions regarding this rnatter, please contact me at (951) 302-4116 Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tcityofiemecaila.orl,lshares\t.!s�iyC1'om.C;ole C:OL.fit'tcivilpcnaties."rheBank.3435I0CtT2021.doe 0188 EXH 11 - 0121 city of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone )951) 302-4144 •tax (951) 694-6487 • vuvvw.temecuIaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 5, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one alousand dollars ($11000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 14.cit,yuftemecula,org\sharo UJsettiVT,om.!'ole\(70LE;t''6viIpenaties.Tl)oDank-s5.05NOV202I.doe 0189 EXH 11 - 0122 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951( 694-6487 • www,temeculaca.gov 1 CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street. Ttrnecula. CA 92590 On November 6, 2021, 2021, 28645 Old Town Front Street, CA 92.590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pray <a fine t f one, ttaoiusarld dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a rnisderneanor carrying a potential penalty of six months in Jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \�cityolic.ntecuia,ar�isharzs;Usersifurn.t'oleC:OLE'T�civilpenaties.'ffre6<tnk.3G.OGNUV2U2 Ldoc 0190 EXH 11 - 0123 G�/ of Temecula Community Development Department Code Enforcement Division 4 l000livlain Street - Temecula, CA 92590 CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28045Old Town Front Street, Temecula, CAS2590 On November 12, 2021, 2021. 2$845 0W Town Front Strem, CA 92590. was found to be in violation of Section § 17.84.O10.(Conditional Use P*nnh).ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall oonm as your official "Notice and Order" to pay a fine of one thousand doUafs ($/000,00) for continued violations of the Temaoula Municipal Code O 17.04.010. Continuing violations of this ordinance will tead to the daily accrual of C ivil Penalties in an amount of up to two thousand five hundred dollars ($2.500.00) per day. The City Manager and/or his designee reserves the right 10 determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and doily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure k`comply with the Tonmcula Municipal Code isalso acontinuing criminal violation and each violation ismmisdemeanor carrying opotential penalty o[six months in jail arid/or upkoa$1.00Dper day fine. Please pay this fine within 3Odays of issuance. Kyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC; 1.21, Kyou have any questions regarding this matter, please contact moet(851)3D2411G Toni Cole Field Supomi»nrCodeEnforcement mz Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pomoin.City Attorney Amanda Moore, Manager Norman 8Sullivan, Property Manager xCiwwmmIC�u1a^^:w3 El "lei Ip*m/es.Tx"eoUz/awnvoo/An 0191 Q�/ of Temecula [Community Development Department Code Enforcement Division CNCPurnoCorporation Brad Landon, Agent for Service 28083Old Town Front Street Suite #300 Temecula CA9259V Re 28845Old Town Front Street, Temecula, CA82590 CN November 13, 2021. 2021. 28045 Did Town Front GUnmt. CA32590. was found to be in violation of Section § 17.O4.V1O.(Conditional Use PenniU.ofthe Tomacula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to. pay a fine of one thousand dollars ($1000.80) for continued violations of the Temecula Municipal Code § 17.O4.010.Continuing violations ofthis ordinance will lead tothe daily accrual ofCivi|Pena|8pa)manmmounio(upVz two thousand five hundred do||om ($2.500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City of the civil penalties were the post history of warnings nU/ormtaUons and additional *vWonm The City Manager arid/or his designee reserves the right todetermine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also continuing criminal violation and each violation isamisdemeanor carrying apotential penalty ofsix months in jail and/or up\oa$1.UUOper day fine. Please pay this fine within 30days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of is-§65nooand then by completing arequest for hearing form within 30days, pursuant toTIVIC1.21. � / If you have any questions regarding this matter, please contact moat(951)3024110. Sincerely, Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson,City Manager Jennifer Patruais`City Attorney Amanda Moore, Manager Norman 8Sullivan, Property Manager 1 -190: v202/'do 0192 EXH11'0125 Q/ of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.cgov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 19, 2021, 2021, 28645 Old down Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Perrnit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of € ne; thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager uirycrficmeci.�la.pr ; haresit_iscrs`;i"om.Cole('Cit..t"I';civilpenaties.flieBank.39.19NOV202I doe 0193 EXH 11 - 0126 City of Temecula Community Development Department Coda Enforcement Division 41000 Main Street • Temecula, EA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.terrierulaca.gov CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite tt300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On November 20, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of. this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager \\cityoftrmecula.org,shares\l. st.IsCPoln.('O161('Ot.t T`(;ivilpeuaties.TheBank.40.20NOV202I.doc. 0194 EXH 11 - 0127 Cif/ of Temecula F unity Development Department nforcement Diviision Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.ttrt'i(,.culaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 3, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to, ply a fine; of one thot.asand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andlor up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 (Jays of issuance: and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager cirynitemecula.org'tshares •l;sers� l c»n.(`old,C;O1.. Fllcivi 1penal ies.TheBank.41.03 DEC202 I Aoc 0195 EXH 11 - 0128 city of Temecula F unity Development Department nforcement Division Maim Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 d www.tetyiectilaca.gov 'K, CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re, 28645 Old Town Front Street, Temecula, CA 92590 On December 4, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thous,L nd ,i(Aars ($1000 OCR) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\city�allc:macuia,c;rglshares`Users':I"t;m.C;s;lell;(71.,F.';1'icivilpenatits.'1'heliank.92.04 2021.doc 0196 EXH 11 - 0129 G�/ of Temecula FCommunity Development Department Code [Enforcement Division 41000 'Main Street - Temecula, CA 92590 0CPuim Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28$45Old Town Front Street, Temecula, C892590 On December 10. 2021. 2021' 28045 Old Town Front Otrea, CA 92590. was found to be in violation of Section g 17.O4.010.(Conditional Use PenniV.nfthe Temecula Municipal Code. Pursuant toTomeculeMunicipal Code O1.24.040 this correspondence shall serve as your official "Notice and Order" to Amy a fine of one thousand doUoos ($1000.00) for continued violations o/ the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City ofthe civil penalties were the past additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure Vocomply with the Temecula Municipal Code isalso o continuing criminal violatio and each violation ioomiodomoanorcarrying apotential penalty ufsix months injail and/or upmm$1.00Oper day fine. P|aaoo pay this fine within 30days ofissuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTIVIC1,21 If you have any questions regarding this matter, please contact maat (951)3024116. Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petruois.City A8umoy Amanda Moore, Manager Norman SSullivan, Property Manager xcivwxvm*vwo�uow��u�vm»mooum��aT�mvmm�� moscz02/Ao* City of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tei-neculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 11, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 'C:ilyo rl�lllCCllril.U1'1jr1i1rC5�tiSofS?I'oln.Colei("()LE"Ticivilraenaties.�nxtinnk.41.IID C:2021.doc 0198 EXH 11 - 0131 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terrieculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Egad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 17, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.610, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to ;gay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 1 T04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager `.cityciiemccula.�rslia�� sll.Jser51'['om.C"c�le:C'01.6"lcirilpenaEies.1`he6aok.g4.}7[)F.;('2U21.dcic 0199 EXH 11 - 0132 City of Temecula F unity Development Department nforcement Division Main Street • Temecula. CA 92590 Phone (951 ) :302-4 144 + Fax (951( 094-0487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On December 18, 2021, 2021, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. V Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC: 1.21. If you have any questions regarding this matter, please contact me at (951) 302A 116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager �cityciilcanecula.or t5hares`a scts�lUrri.i;ole\C'C.3t.f';T civilpenaties.'Ihet3ank.45.1RtNi'C'202Ldoc 0200 EXH 11 - 0133 Ci�/ of Temecula [C Community Development Department MM C Code Enforcement Division el 4 1000 Main Street - Temecula, CA 92590 CNC Purna Corporation Brad Landon, for Service 27555YoozRoad Suite 11V Temecula CA82591 Re: 28O45Old Town Front Street, Temecula, CAH2590 On Daoembor31. 2021. 2021, 28645 Old Town Front G8aot, CA32580. was found to be in violation of Section � 17.04.010.(Conditional Use Permit), of the Temecula Municipal Code. Pumuan40uTamaou|aMunicipe|Codo0124.04Othimoonenpondenoeoha||oeneasyoorofficia|^Nohneand0nVer" to pay a fine of one thousand doUem $100000> for continued violations /f the Tomnnu|m Municipal Code § 17.04010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2.500.00) per day. 'The City Manager and/or his designee revonmy the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his dooigonm to determine the duration and daily amount o/the civil peno|Uoo were the past history of warnings and/or vikgions, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|oaao pay this fine within 30 days of issuance, If you wish to oon0ao\ this fine you must first pay the fine within 30 days Of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Kyou have any questions regarding this matter, please contact meat(g51)302A110, Sincerely, Tom Cole Field Supervisor -Code Enforcement no: Brian Clements, Building Official . Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman Sullivan, Property Manager �,c .46.311)e�;202/*vd.uoc 0201 Cit y of Temecula FCommunity Development Department Co�de Enforcement Division CNCPumaCorporation Brad Landon, Agent for Service 27555YnozRoad Suite 11O Temecula CA 92591 Re: 28G45Old Town Front Street, Temecula, CA92590 On January $r` 2022 28045 0d Town Front Street, CA92590. was found to be in violation of Section g 17.04.010\ (Conditional Use Pormit).ofthe Temecula Municipal Code. Pursuant V»Temecula Municipal Code §1,24.O40this correspondence shall serve aayour official "Notice and Order' to pay a fine of one thousand dn||am ($/80000) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2.50O.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager arid/or his designee to determine the duration and daily amount ofthe civil pona|Uoo were the past history of warnings and/or ckaUnoo, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. P|aana be advised that each failure Wcomply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andfor up to a $1,000 per day fine. Please pay this fine within 3Odays ofissuance. |fyou wish <ocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Kyou have any questions regarding this matter, please contact m*at(951)3O24118 Sincerely, Tom Cole Field Sopwminor-CodaEnforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petumim.-Ci\yAttorney Amanda Moore, Manager Norman S Sullivan, Property Manager xxwv �v ^rmvih.ieomuunmauok.4v.ono.zmo.mm.um �� ~~�_ EXH11'0135 Cit _y of Temecula C Community Development Department mm C Code [Enforcement Division CNCPurna Corporation Brad Landon, Agent for Service 27555 Ynez Road SuUa11V Temecula CA82531 Re: 28645 Old Town Front Street, Ternecula, CA 92590 On January 08, 2022 28045Old ['own Front Street, CA 82598. was found to he in violation of Section § 17.04.010. (Conditional Use PormiU.ofthe Temecula Municipal Code. Pursuant VaTemecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine o/ one thousand dollars, ($1O00.00) for continued violations o/ the Temecula Municipal Code § 17.O4.O10.Continuing Violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred do||em ($2.50080) per day. The City Manager and/or his designee reserves the hAh1 to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City K4unoOor and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure tocomply with the Temecula Municipal Code |oalso a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, P|euoa pay this fine within DVdmyu of issuance. If you wish to contest this fine you must first pay the fine within 30 days Of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact mesd(951)3O24110 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Potrusis.City Attorney Amanda Moore, Manager Norman SSullivan, Property Manager /cm�ov*^mm 1om��n*om� City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecuiaca,gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (":ltlser, lom.er. I�\AI7pD�t�t\Rc arnin ?MiGrosaflU'dc�rcf\AuteRueovery ave OrAuto2ecovery save (.-IF civil penaties.TlieBank.49.I5.1an.2022.asd.doc 0204 EXH 11 - 0137 City of Temecula Community Development Department Corte Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) .302-4144 • Fax (951) 694-6487 • www,te.rnectilaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92.591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 16, 2022, 2.8645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\l.Jsers`,tcm.eoletAppf)atalRc>amine;`•.Miercasotl\Wcndlciailpenatii j� itigQ.ItiJan.2022.ascl.doc EXH 11 - 0138 city of Temecula Community Development Department Code Enforcement: Division 41000 Main Street • Temecula, CA 92590 Phone (951) 3024144 • Fax (951) 694-6487 • www.temeculaca.gov PENALTYCIVIL NOTICE AND CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 22, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\ltsersltom.tole\AppDatatRnamin iMicrosoft`•.Worciicivil��euatic fjy�E 61.22Jan.202.2.asd.doc EXH 11 - 0139 G�/ Community Development Department CNC Puma Brad Landon, Agent for Service 27555YnozRoad Suite 11U Temecula CA 92591 Re: 28845Old Town Front Street, Temecula, CA825&0 On January 23.2022, 2B645[ld Town Front Street, CA92590.was found to be in violation ofSection §1T,04-010' (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §124D40 this correspondence shall serve as your official "Notice and Order" to pay a finlo of onp thousand dollars ($1000 00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Maand daily amount of the civil penalties were Na past history of warnings and/oroitohonn. and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure tucomply with the Temecula Municipal Code is also continuing h inu| violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 38 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTMC121. Kyou have any questions regarding this matter, please contact memi(9G1)3U24118 Tom Cole Field Supervisor -Code Enforcement Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager City of Temecula Community Development Department Code Enforcement Division 4 Main Street • Temecula, CA 92590 Phoney (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On January 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Terecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one: thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C' ;t.lsen\tom.eote\App[ aui\Roaming\4licrow 11\Word\6viIpenatics.The[3ank. 53.281;tn.2022.asd.doc 0208 EXH 11 - 0141 G�/ of Temecula F41C Community Development Department mm C Code Enforcement Division 0001 000 Main Street 9 Ternecula, CA 92590 CNCpumaCorp*ratioo Brad Landon, Agent for Service 27555YnezRoad Suite 110 Temecula CA 92591 Re: 28G45Old Town Front Street, Temecula, CAQ25QO OnJanuary �2022,`28645Old Town Front Street, CA 92590,vas found to be in violation of Section §17.04O1O. (Conditional Use P*mi0.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand duUmrs ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.V10Continuing violations ofthis ordinance will lead Vothe daily accrual ofCivil Penalties inanamount ofup0» two thousand five hundred dollars ($2.50O80)per day. The City Manager and/or his designee reserves the right 8u determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount ofthe civil penalties were the past history of' warnings and/or citaUone, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure *o comply with the Temecula Municipal Code is also continuing criminal violation and each violation is a misclerneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 38days ofissuance. |fyou wish mcontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant toTMC1.%1. Vyou have any questions regarding this matter, please contact meat (951)3024116 Tom Cole Field Supervisor -Code Enforcement co: Brian Clements, Building Official Luke Watson, Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ommxmamin,AwmmmmWord\6w1p°na/ imTheBa ii k.54.29.1im�2022-asdAm 01/ of Temecula F41 unity Development: Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 27555 Ynez Road Suite 110 Temecula CA 92591 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 04, 2022, 2022, 28645 Old 'Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302A116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Users\.tons.cole.\AppUata\Roamina\Miaroso11\Word\civilpenaties:Thct3ailk, 55.04r'F 13.2022.md.&C. 0210 EXH 11 - 0143 Ci�/ F41C Community Development Department mm C Code Enforcement DMsion 0001 000 Main Street * Temecula, CA 92590 CNC Puma Corporation Brad Landon, Agent for Service Road Suite 11O Temecula CA 92591 R6:28045Old Town Front Street, Tomeoula.CA826QO February 05. 2022, 2022. 28045 OW Town Front Stree, CA 92590, was found to be in violation of Section § 1�(V4.V1O.(Conditional Use Ponnh),ofthe Temecula Municipal Code. Pursuant WTemecula Municipal Code §1,24.04Othis correspondence asyour official "Notice and Order" to\pay o fine of one thousand duUars ($1000,80) for continued violations of the Temecula Municipal Code § 17.O481O.Continuing violations ofthis ordinance will lead to the daily accrual u(Civil Penalties inooamount ofup0o two thousand five hundred dnUam($2.5VO.0O) per day. The City Manager and/or his designee reserves the right to determine the daily amountassessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to do$nnnino the duration and daily amount ofthe civil penalties were the past history ofwarnings and/or o|1uUonu, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please boadvised that each failure to comply with the Temecula Municipal Code is also continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days ofissuance. |fyou wish *ocontest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant toTIVIC121 Ifyou have any questions regarding this matter, please contact memi(851)302411& Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, City Manager Jennifer Pokuois.City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager vg\wmmmovW`mNivi/nenm �6»5pso�uz�u. d� �� pity ofTemecula Community !Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )95I) 302-4144 • Fax )951) 694-6487 • www.temeculaca,gov E CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars (1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Cade Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager itcltyofietne<:u la.or� isllai'e511lserslTc>m.0 t�leiC0lXT\ci vi Ipenatie024 Am Z 1 I T E132022.doc EXH 11 - 0145 icy of Temecula JCommunity Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terytec:ulaca.gov Y s � CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ltcityoItemecttla.or;~tihares\1.lsersl'Vom.0016COLti`I'1civiIpenatis021�c.�.12.FE B2022,doc EXH 11 - 0146 City of Temecula Community Development Department Code [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.tenieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ':\ci tyo Ren lecu la.o1-&hares\users\Tom.Co 16COLUPcivi Ipen alics/t'WV.Cy1. 18I"E82022.cloc EXH 11 - 0147 Ci�/ of Temecula C Community Development Department mm Code E, 41000 CNCPuma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, TerTiecula, CA 92590 On February 19 2022. 28045 Old Town Front Street, CA 92580 was found to be in violation of Section § 17.04.010, (Conditional Use PonnU).nfthe Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued v|o|mUuno of the Temecula Municipal Code 5 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.0O) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The /adum used by the City Manager and/or his designee to determine the duration and daily amount nfthe civil penalties were the past history nfwarnings and/or citations, and additional evidence. The City Manager mndlbrhis designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure Ncomply with the Temecula Municipal Code is also a continuing criminalvio|ahun and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Odays ofissuance. Ifyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc,. Brian Clements, Building Official Watson,Luke City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager -5. 19FEB2022.doc Cit of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www,trmeculac:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 25, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine of one thousand dollars ($1000.00i for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ricityoflemecula.or sharestl sal \l"om.C:ole,C;Ol.,f: 1'icivilpt:ntitics1l1146.25hE732022.doc EXH 11 - 0149 City F41C Communfty Development Department mm C Code Enforcement DMsion 000, 000 Main Street - Temecula, CA 92590 CNCPuma Corporation Brad Landon, Agent for Service 28o93Old Town Front Street Suito#3O0 Temecula CA92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On February 28. 2022. 28845 ON Town Front Street, CAg259O. was found to be in violation ofSection § 17.04,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant koTemecula Municipal Code § 1.24.040 this correspondence shall serve as Your official "Notice and Order" to pay a fine of one thousand doUas ($1000.00) for continued violations o/ the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred do||em ($2.500.00) per day. The City Manager and/or his designee memwoo the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee Vudetermine the duration and daily amount of the civil penalties were the past history of warnings and/or uiia8ona, and additional evidence. The Ljiy Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be od,bod that each 0mi|um 10comply with the Temecula Municipal Code is also a continuing i ioa| violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30days o/issuance. |fyou wish \ncontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact nma\(951)3O24118 Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager cvmxz��snoiw/venmicuJ»°ao k,6azorauzo z.(I�)c 0217 G�/ of Temecula Community Development Department mm Co�de [Enforcement Division 000 CNCPuma Corporation Brad Landon, for Service 28893Old Town Front Street Guite#3O0 Temeou|aCA9259O Re: 28845Old Town Front Street, Temecula, CAS25gO On March 4.2022, 28645Old Town Front Street, CA92590.was found to be in violation of Section §17�-010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant \oTemecula Municipal Code O1.24.040this correspondence shall serve anyour official "Notice and Orde/ to Pay a fine of one thou*and doUa 00) for continued violations of the Temecula Municipal Code 0 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount Of LIP to two thousand five hundred dollars ($3.500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the pmx\ history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please beadvised that each failure tocomply with the Temecula Municipal Cod* is also continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. P|ooao pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 38 days of issuance and then by completing a request for hearing forryi within 30 days, Pursuant to TMC 1.21. Ifyou have any questions regarding this matter, please contact meo4(951)3024118 Tom Cole Field Supervisor -Code Enforcement mz Brian Clements, Building Official Luke Watson, City Manager Jennifer Petrusis,City Attorney Amanda Moore, Manager Norman GSullivan, Property Manager xu*voomv��mamx ��m* �*o�mxnzo��* 0218 EXH11 '0151 City of Temecula F41 unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) .302-4144 - Fax (951 ) 694-6487 + www.te.meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temec:;ula, CA 92590 On March 5, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;\cityoRernecula.orglslmresN1.Jsers\roni.C'ol6COL.M16vilpcnatics.fjiyf l bWMAR2022.doc EXH 11 - 0152 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #30D Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \cit'yoflemecula.or lshtire,\lJs�rs Iom.C;ole\C't:)LG`I"!civilpcnaties.'1'hetiaiik.6G.IIMAR2022.doc 0220 EXH 11 - 0153 icy of Temecula F unfty Devefapment Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 •Pax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager �eF ic:ityoilemec:ula.orgtshareslUsers\Tom.Cole\Ct:)t„ t: f'%civilpenaties.71ieBank.67.12MAR2022.doc 0221 EXH 11 - 0154 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.tmieculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, [deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;icityoiiemecula.arUlsh<sres\Users`I"in17.C.'alc\t;t7LE"C'\civiIpen atics. Hie Bank.68.18MAR2022.doc 0222 EXH 11 - 0155 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.temeculaca,gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 19, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ilcilYoltemeeula.urntshnres\Lfserti f'eSm.C'c�I 01.X f"5civilpenati".1 hel3ank.69, I 9M A R2022.doc 0223 EXH 11 - 0156 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694.6487 • www.temeculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite ##300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager llcityt>(lcmecula.or isharesa sersClom.(:'olel(:'(:1LC>"iici�ilpenaiics."rltiet3ank.70.27MAR?(i22.doe 0224 EXH 11 - 0157 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) .302-4144 • F<ax (951) 694-6487 • www.ternec:uiac:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010 (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thmi"aaui dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ?\cityollell lee ula.t>rglshares,Users corn.(.'olelCOLE"t'tcivilpi_natics.'f'heBank.7I.218MAR2022..doc 0225 EXH 11 - 0158 G of Temecula Community Development Department Code Enforcement Division 41000 Main Street • TefTte<:ul2r, CA 92590 Phone (95I) 302-4144 • Fax (951) 694-6487 • www.ternecula(:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C' •.1.lsersitom.cole�AppDato\Roaming\.Microso11"Wo •d;ALit oReQovory save of eivilpenaties.TiieBank.72.OI APR2022.ascLd{ic 0226 EXH 11 - 0159 cif of Temecula Community Development Department Cade [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terrieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. It you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C::Wsetsttc�nr.cote\AF13Daiall2cratninctMierosoft\Word\Autpttecovvty carve ofcivilpeneties:t-ltcB;iiik.73.0?APit2i122.asd.doe 0227 EXH 11 - 0160 Cltv�-�T- Temecula �~� / -^ Community Development Department Code Enforcement Division � 4|0VVMain Street , Temecula[x92sV0 CNCPumo Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Streat, Temecula, CA 92590 OnApril 8,2022.2864 Old Town Front Street, CA92590.was found VoLe inviolation ofSection §17{4.010, (Conditional Use Permit).of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to pay u fine of one thousand dollars ($108000} for continued viu|abn"u of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars (*2.500D0) per day. The City Manager and/or his designee raaorvno the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee 0odetermine the duration and daily amount cfthe civil penalties were the past history of warnings and/or oitmhonu, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure hocomply with the Temecula Municipal Code is also acontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail arid/or up to a $1,000 per day fine. Please pay this fine within 3Odays u(issuance. |fyou wish tocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact meN(951)302-4116. Tom Cole Field Supervisor -Code Enhonmmeo1 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager icrm of ies.nieBwk.74mmI'IR2022,iscmw 0228 EXH11'0181 city of Temecula F unity Development Department nforcement Division Main Street • Terne:cuia, CA 92590 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www_ternectilac.a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 9, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:1Usersltc+m.coletAtap1)1t11Ronill ing,\Micros«fMordVVitoR"overy save of civilpeti iries.'1'het:Sank.` 5.09APR2022.asd.doc 0229 EXH 11 - 0162 pity of Temecula F mmunity Development Department e Enforcement Division 00 Merin Street - Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecuiaca.gov r CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pray ra first: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per.day fine. Please pay this tine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\lisersuont.crtie\Appi:)aiaToamin,\Microw 11\word\Autoi'tecoaetYil fivilpenaties. I'heBank.7ti.1 SAIIR2022.asd.dc)c EXH 11 - 0163 City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • www.terr7ec:ula(:a.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 16, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to ;gay a fins* of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily arnount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cale Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C':\[Jsersltonl tole\Appr7atMlIoaming\Microsoft`•.Word\AutoRecovd!v� If 1penaties.DeBank.77.16APR2022.asd,Me EXH 11 - 0164 G�y f Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 6946487 www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any'questions regarding this matter, please contact me at (951) 302•-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Arnanda Moore, Manager Norman S Sullivan, Property Manager C`:\l sersitunt.cole.�ppC)ataiCtc>aminpiMict-o.wfl"Wt>rd\AWoCtecuve y2corciviipetiatim,nicBank.78.29APR2i122.aW,doe EXH 11 - 0165 fit/ of Temecula Community Development Department Cade Enfarcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 30, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17"04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please; contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (.';`.l!ae.rs;tan'i.cgieiAppi.7atertf2o{ruing?tt1icrc}safi?Worci'cAutctft cost ry savc oi'civilpeiiriies.`fltel:1,it7k.79,30APR2022.asrl.cicic 0233 EXH 11 - 0166 city of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 6946487 • www.temeculac4-a.gov PENALTYCIVIL NOTICE ORDER CNC Puma Corporation Farad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 6, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as Your official "Notice and Order" to pray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Nadya Bagdasarian Code Enforcement Officer 11 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C':ilisers\tom.cote''EApl�l')ata112aamin�,lMierc>sciR`:Wordl,�utoRccov6 save t)t'civilpenaties.'Flicf3ank.90.06MAY2022. €sd.doc 234 EXH 11 - 0167 G�/ C Community Development Department Purna Corporation Brad Landon, Agent for Service 2O6R3Old Town Front Street Suite #3O0 Temecula CAg25g0 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 7, 2022, 28645 0W Town Front Street, CA 92590. was found to be in violation of GooUon Q 17.84,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §124.040this correspondence shall serve as your official "Notice and Order' to pay o fine of one, thousand duUam ($1000.00) for continued violations of the Temecula Municipal Coda § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2'580V0) per day. The City Manager and/or his designee moemoe the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or oitabona, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please headvised that each faUure,Vncomply with the Temecula Municipal Code isalso ucontinuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or tip to a $1,000 per day fine. Please pay this fine within 30days of issuance. If you wish to contest this fine you must first pay the fine within 30 days ofissuance and then bycompleting arequest for hearing form within 3Odays, pursuant toTINC121 If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1penatim Fhellinkx/mmmz�.as,(idoc City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 . Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The .factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\Otyoflemecula. org\shares\users\Tom. Cole\COLETtcivi Ipenaties. TheBank.82.13 MAY2022. doe 0236 EXH 11 - 0169 Cit y of Temecula F41 unity Devetnpment Department rrinrcement Division Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • wvvw.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 14, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 124.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\cityoRemecula.org\shares\usersYf'om.C:olc\C:OI..F>'lleivilpensrties 't'heBank.83.14MAX2022.doc ®237 EXH 11 - 0170 G�/ of Temecula [Community Development Department mm CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 2O045Old Town Front Street, Temecula, CA82588 On May 20.2022.28645Old Town Front Street, CA92590.was found to be in violation ofSection y17�.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve an your official "Notice and Order" to pay a title ot one thousand dollars ($1000-00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred doUam($2.50O.UO) per day, The City Manager and/or his designee reserves the hghtVu determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his to determine the duration and daily amount of the civil penalties were the past history of warnings and/or uhaUono, and additional evidence. The City Manager and/or Na designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advisedthateanhhai|ueNonmp|ywiUhtheTemv*u|aMuoicipa|Codoioolsoanordini criminal violation add each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days Of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, Kyou have any questions regarding this matter, please contact moat (951)3024116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Luke Watson, City Manager Jennifer petrusis.City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager EXH11'0171 city of Temecula FC unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951( 694-6487 • www.temecul,�tca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 21,2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2;500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tort? Col(:.. Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building (Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager t`:citye flemscuhi.ur lsh<zeesUJsi^rst`1'ani.C'olelC't7hr'ricivillaenatiia.�jt15 : . Ih1AY`2022.doe EXH 11 - 0172 G�/ of Temecula Community Development Department Code Enforcement Division 4 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 4300 Terecula CA 92590 Re: 28646 Old Town Front Street, Temecula, CA 92590 On May 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousandi dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six rnonths in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 30241116, Sincerely, Torn Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager liciryaAamecula.or tsharestrlscrsl"C'cnr.Cnle\C:C71...C.T civillycnntice.ThsfSank.86.27MAY2022.doc 0240 EXH 11 - 0173 fit/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov 3 "Aft"TSM b..' CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a hrte of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager k:ityi�fiemecula,or ishures\Users 1 c�m.Cute\C:'t)t,E'l iciviipenaties:'IheBank.87.28MAY2022.doc 0241 EXH 11 - 0174 Cltv~ ol- Temecula Community Development Department Code Enforcement Division ^ CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28845Old Town Front Street, Temecula, CA92500 On Juno 3, 2022 29645 Old Town Front Street, CA 92580, was found to be in violation of Section § 17&4,010, (Conditional Use PormiV.ofthe Temecula Municipal Code. Pursuant to Temecula Municipal Code §1.24.040this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand duxars ($100O.00) for continued violations of the Temecula Municipal Code § 17�4.D1D,Comhnuingvio|oUonuufthis on}inanoowill lead mthe daily accrual ufCivil Penalties inanamount oftip Vo two thousand five hundred dollars ($2.500.00) per day. The City Manager and/or his designee rnoomou the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to d*1annino the duration and daily amount of the civil peno|boa were the past history of warnings and/or ohodono, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. P|oume be advised that each failure tocomply with the Tomoou|o Municipal Coda isalso a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Ddays ofissuance. |fyou wish Vocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21, Kyou have any questions regarding this matter, please contact nmai(951)3024118 Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson. Deputy City Manager JenniherPetrveio. City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager xu''onmn,uu��um��o��non.cw,xzusnciwliow,ies. nea:k.oum/owzmzdoo �� .��~m�� Ctty�f �Te�m�ecu�la�.. ICommunity Development Department Code Enforcement Division CNCPuma Corporation Brad Landon, Agent for Service 28083Old Town Front Street Gvite#308 Temecula CA025AO Re: 28845Old Town Front Street, Temecula, C8025S8 �June �2022, 28645Old Town Front Street, CA 92590.was found to be in violation of Section §17.04M0, (Conditional Use PennW.nfthe Temecula Municipal Code. Pursuant to Ternecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one Uhoumand dollars ($1080D0) for continued violations of the Temecula Municipal Code § 17*O4D10. Continuing v�|ohuna��this ordinance v�|! lead Vzthe daily auruu|ofCi�| Penalties in unamount o(up8z bw�1houeuod five hundred Uo||am($2.5OO.O0) per day. The City Manager arid/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history ofwarnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right \odetermine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 3Vdays ofissuance. |/ you wish !ocontest this fine you must first pay the fine within 3O days of issuance and then by completing a request for hearing form within 30 days, pursuant to TIVIC 1.21. Ifyou have any questions regarding this matter, please contact moei(951)3O24110 Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Fetrusis,City Attorney Amanda Moore, Manager Norman SSullivan, Property Manager vmity000vcco sT\6u1enat io�.neomk.89.04iuw2022 am ��^�^� ��.�~= City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (95 I) 302-4144 • Fax (951) 694-6487 • www.terneculara.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 10, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of ono thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ciryotlentecula,trrtishaios\useisi'ront.C'ole;CC)CET\caul Ipenaiies.Tlicliank.90.I0,1UN2022.doe 0244 EXH 11 - 0177 City of Temecula Community Development Department Cade Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temecufaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order` to pay a fine of one thousand doil<ar> ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ��C 11 y'Otll:Cl'fGt;t1I3.01'!;iSi18f�:SiUSBYS� I gfSl.�. OI4't�.Ut,.f. t tq \•II�CI1IilICS. I ItCB�CSIL.t� I . I I.lUN2022,doc 0245 EXH 11 - 0178 fit/ of Cammunity Development Department Code Enforcement Division 41000 Main Street • i ernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694•6487 • www.temeculaczi.gov l 4 V CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 17, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will' lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the tine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \t�ityc�ilemecula.�r<„lsh:tres\uset�si"foitt.C��letCOL �"I''•.r.i vi Ipenaties.'C'17r.Bank.92. ! 7J tJ N2�22.tic5c. 0246 EXH 11 - 0179 City f T men cul a� Community Development Department Code Enforcement Division 41000 Main Street • Temeatla, CA 92590 Phone (951) 302-4144 - Fax (951) 694-6487 • www,temeculaca.gov r CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 18, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order' to' pay a fine of one; thousand rJollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \icityoliet7iecula.or zlsharrst�isersl'T c)nt.(:'ole!(:"C)l.li 1•`•.eivilpenaties."rlteCiank.9 181uN2422.doc 0247 EXH 11 - 0180 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Ternecula, CA 92590 Rhone (951 ) 302-4144 o Fax (951) 694-6487 • www.terrieculaca.gov CNG Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 24, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cale Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ;\cityoii ni�curt..rar \str<�resliisers�l im.Csale\C'cJLETlc:ivilpenalies.'nccnank 94.24RIN2022.doc 0248 EXH 11 - 0181 City of Temecula Community Development Department Code IEnforcement Division 4 1000 Mein Street > Temecula, CA 92.590 Phone (951 ) 302-4144 • Fax (951) 694.6487 • www.temeCUIi.1Ca.g0v CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 25, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay sa fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager ikc,ityortcm4cuti;nciviIpenatics.TheBank.95.25.It1N2(i22.doc 0249 EXH 11 - 0182 cif of Temecula Community Development Department Code [Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.te:meculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to.pay a fine of one thousand dollars (SION).00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager i\ciryt�fient:cola.+erg"tsharr^.s''�l!sers�:l�otn,C'crle\C'C)L,t 'I l�ivilpeni7ties.'nc�:i3:+trk �16.0 i J L: L�(12?..tlor. 0250 EXH 11 - 0183 G/ of Temecula Community Development Department Code !Enforcement Division 41000 Main Street • 1"ernecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 'Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer ccI Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager };CIfy011Ctlif:i'.ula.of 1SI1k1i'eS1.t!lei'y?T6111.(.,o1e\ 'e?t.E'NiviIpe atics. rliel3ai)k 97.02.1U1..2022.doc 0251 EXH 11 - 0184 City of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www,teri-ie(:ulacai.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use, Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollarrs ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager `,icityollemecula.org\sharestl,isen;"1'ant.C'c>leiC'(JI..I 1'het3ank 9&.1.5JU1,24"_2.doc 0252 EXH 11 - 0185 G y of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 < Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 16,.2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to fray a fine: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Torn Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager tciryoliemeeuIa. or*ishares'.ls'scrs I"t7m.t:'utetCt)1..F..r:.civilpenaties."rlie Bank.9r).161Ut..2022.doc Ely4*1 EXH 11 - 0186 City of Temecula Community Development Department Cade Enforcement Division 41000 Main StrE'et • Tern€ (:ula, CA 92S90 Phone (951 ) 302-4144 • Fax (951 ) 694-6487 • www.temeculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 22, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to [Dray a fine of one thousand dollars W000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in }ail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Salomon, Property Manager ,.tc ilyuileinecula.org'shares l!ser�\Tdam.(:'nle\t:'OL.[:: (iciviipenaties. rheCiank.) 00.221U1..2t}22.doc 0254 EXH 11 - 0187 G ofTemecula Community [development Department Code Enforcement [division 41000 Main Street • Temecula, CA 92590 Phone (9 51) 30.2.4144 • Fax (951) 694-6487 • www.terrreculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 23, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager •.\ciryc liernecula.crrslshare;sltisersir<�ni.('olEt(:'()L.L"1'icivilpenaties.'I'hel3,ink.101.2.3JU1..20:22.duc 0255 EXH 11 - 0188 city of Temecula FCode unity Development Department nforcementDivision Main Street • Ternecula, CA 92590 Phone (951) 302 4144 • Fax (951) 694-6487 • www.tetneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Flo: 28645 Old Town Front Street, Temecula, CA 92590 On July 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Terecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" tad pay a fine of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Thhe factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager cicyi>ftemecuta.pr lshares!l,s rst"I'oni.('ote1C'OL,tT`civilpenaties.rheBank.102.29JUL2022.dvc 0256 EXH 11 - 0189 city of Temecula F4�1000!Main unity Development Department Codenforcement Division Street • Temecula, CA 92590 Phone (95 1) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov '\ ; 1'11',9uWaw;W'H CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 30, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine; of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Nadya Bagdasarian Code Enforcement Officer II cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager t\cityo!Iernecula.orp\SharesWSol s:1 ollI.C,ole1t.,0LE 1ICIvlIpenaiies. I heBank.I03.30:1 A..2022.doc 0257 EXH 11 - 0190 ON of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951 ) 694-6487 • www.teirieculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On August 5, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24,040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116 Sincerely, Tom Cale Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager ttcityoltcmes;ula.or tsharesiUscrs'.Tom.C'olet(`C>1.t%1'lcivilpenaiies.Tiiel3nnk. HXOSrU. G2022.doc 0258 EXH 11 - 0191 pity of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92.590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92 590 On, August 6, 2022, 28645 Did Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00} for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you roust first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 3024116, Sincerely, Tom Cale Code Enforcement Field Supervisor cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager i`•.citycii'temacula.cir i,h.trey\tJscrsi"tam.Ci IciC;Cil,ts1 civilr?enatie :l'heE3 nk.105.06AUG2022.doe. 0259 EXH 11 - 0192 City of Temecula F unity Development Department nforcement Division Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Fie: 28645 Old Town Front Street, Temecula, CA 92590 On, August 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to.; pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Nadya Bagdasarian Code Enforcement Officer 11 cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager l;cityaftemecula.crr \ 17:Tres`•l)sers`•Tom.C:�ile\t:;C>l [ T'teivilpenaties.'t'hel.iank.1ti6.12AUG202'2.doc 0260 EXH 11 - 0193 G of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone )951) 302-4144 • Fax )951) 694-6487 • www,tetneculaca.gov CNC Purna Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On, August 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a Mine of one thousand dollar; ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.01.0. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Maria Romine Senior Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager ciryofl4niacular.c r lsharvsU ers`.1'an.Cole1(.'01...E Tk:ivilpetraties.Tlie-l'3ank.IO'7.13AUG2022.(k)c 0261 EXH 11 - 0194 G�y C Community Development Department CNCPuma Corporation Brad Landon. Agent for Service 28GS3Old Town Front Street Suite#300 Temecula CA82590 Re: 28045CUdTownFront Street, Tomeoula.C49259O On 19\ 2022. 28645 OW Town' Front Street, CA9259O. was found to be in violation of Section § 17.04,010. (Conditional Use Pormit).of the Temecula Municipal Code. Pursuant to Temecula Municipal Code §1.24.040 this correspondence shall serve asyour official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,D4.O1U,Continuing violations cf this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars (s2.500.00)per day. The City Manager and/or his designee reserves the right *u dehanninmthe daily amount assessed for any additional Civil Penalties. The factors used bythe City Manager dnd/orh to determine the duration and daily amount of the civil penalties were the past history of warnings and/or cdmtimno, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, P{omme be advised that each failure tucomply with the Temecula Municipal Coda iualso mcontinuing criminal violation and each violation ioamisdemeanor carrying apotential penalty ofsix months injail and/or uphnm$1.O8Oper day fine. Please pay this fine within 30days of issuance, If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing arequest for hearing form within 30 days, pursuant tolIVIC1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Tom Cole Field Supervisor Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pmmsis.City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager /9Am62022.dtic Cit/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951( 302-4144 • Fax (951) 694-6487 • www.temectilaca.gov ♦1 �. �: t1w yyy�� yy CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite ##300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On, August 20, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to -pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duialiun and daily amount of the civil penalties were the past' history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor Code Enforcement cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Solomon, Property Manager 1;cirytsftcmecida.orp\stsares 119ersiTom.<:'oleS(:'OLE'i\civilpmarie;s.Tlsel3itnk.I09.20AOG2022.rloe 0263 EXH 11 - 0196 EXHIBIT 12 0264 EXH 12 - 0197 1 1086-0773\2711254vl.doc City of Temecula F unity Development Department nforcement Division Main Street - Temecula, CA 92590 Phone (951 ) 302.-4144 - Fax (951 )694-6487 - www temeculaca.gov Zip Third Investments, LLC 3055 Wilshire Blvd Suite 1010 Los Angeles CA 90010 Attention. Norman S Sullivan Re: 28645 Old Town Front Street, Temecula, CA 92590 The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being open beyond the permissible operating time of 11:00PM. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement City of Temecula cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney V;utyoftemecula or,tshares.UserstTom CoIe\COLE RPropenyOw02CM0AUG2021 doc EXH 12 - 0198 EXHIBIT 13 loyl-11 EXH 13 - 0199 1 1086-0773\2711254vl.doc cc.. Kafnx.G 1�v Gtv of Temecula Community Development 4 T 000 Main Street • Temecula, CA 92590 Phone 19511694-6400 • Fax 1951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17,03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: Ilyt-1VJ EXH 13 - 0200 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday 1 I a.m. to 1 I p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 1 I p.m, on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) EXH 13 - 0201 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250,00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250,00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August 6, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0269 EXH 13 - 0202 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) * August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) * September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) * October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil. Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 0270 EXH 13 - 0203 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) o November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) ................. ...._ ...... ..._ ... EXH 13 - 0204 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) o April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) o May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) EXH 13 - 0205 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. [1Y*,JKj EXH 13 - 0206 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085, a 2', e Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk EXH 13 - 0207 i y of Temecula F1000 ty Development n Street s Temecula, CA 92590 dress, P,C, Box 9033 a Temecula, CA 92589.9033 i 694.6400 ® Fax (9511 694-6477 a www.ciryoftemecula,org February 28, 2012 Mr, Craig Puma The Sank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12.0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food., located at 28645 Old Town Front Street, Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ......... It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart. fisk cityoftemecla.orq. Sincerely,, uart Fisk, AICP Senior Planner Enclosures: Conditions of Approval �a 0275 'a7 Pnnted"RecyGr3APf-'ANNINGQ0121PA12-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTR,doc EXH 13 - 0208 Disorderly House: Lice nsE� �tt P ftfi,10 bec „ilsorderfy house. 'A di sdisturbs neighbors with noise, loud m�� ;�r�tt ��a� � �urina£ion defecation, graffiti, etC , andlor 1b}as drunks, f a 4 fights, assaults, Prash#, �by'fer� lnoludetheo z�, parking lot, (Section �; d Entertainers and Conduct` On sa I �+ ireb�► �4 Nmi 1, the fQ � ,t� rules: {� dip (ICenSBe Sfh£� CHIT} flip K S Q L ra„�� X i acts wh ch simulate a Se uaiin er ouraa' tea #o r =as#rl�'rx sa� � ,.. �Mu7�r ing, is °obscE rard: A' nber 12. jON of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 ,o Temecula, CA 92589-9033 (951 ) 694.6400 • FAX (951) 694.6477 October 15, 2006 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT. Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant is Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit-17,04.010,J 1. The proposed use is in conformance with the general plan for Temecula and with all .applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined 'in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general - eating place) for an existing restaurant, The Dank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales Is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within- the City. The -Old TownSpecificPlanindicatesthatOldTown--should-be-developed to -- provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. i2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNINGQ008WA08.0236 Bank of Mexico Minor MODkPlanning44PPROVAL LETTER ADMINISTRATIVE.doe 0281 EXH 13 - 0214 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date, It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your kytie.I�%,orate ityoftemecula, Sincerely, Katie lanes Assistant Planner KI/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: _ _ Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GAPLANNING\2008WA08.0236 Bank of Mexico Minor MOOIPlanning\APPROVAL LETTER AaMINISTRATIVE.doc EXH 13 - 0215 EXHIBIT A FINAL CONDITIONS OF APPROVAL ,SCANNED: 0 DMVE, PERMITS PLUS: 9R9MALS: PLAWIER: 0283 EXH 13 - 0216 I, Craig Puma understand that Planning Application No. PA0B-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, 1 agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE ©A TE 0284 EXH 13 - 0217 EXHIBIT A CITY OF TEMECULA FINAL. CONDITIONS OF APPROVAL Planning Applicado� No.: PA68-0236 Project Description: A Minor Modification to an approved Minor Conditional 0se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 IWSHCP Category: NIA DIF Category: N/A TUNIF Category: N/A Approval Date: October 9, 2008 !Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This ,Project PL-1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. , The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defendthe City with legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting,, directly or indirectly, from any action in furtherance of and the approval of the 0285 EXH 13 - 0218 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City. concerning the Planning Application., , The City shall be deemed for " purposes of this condition, to include any agency or instrumentality �.hereof, or any of its electe ' d or appointed officials, officers, employees, consultants, contractors, legal 'COLinsel, and agents,' City shall promptly notify both (fie applicant and landowner of any claim. , action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take anyand all action the City deems to be in the best interest of the City and its citizens in regards to such defense, PL-4applicant shall comply wi.th their Statement of Operations, on file with UvaPlanning . Department, unless _superseded _' these Conditions -of Approval, PL-5i This Conditional Use Permit may be revoked pursuant to Section 17,03,080 of the City's Development Code, PL-O, The City, ' and its Planning Director, Planning Commission, and City Council retain and reserve the right jurisdiction to. review and modify this / Use Permit (including the Conditions of Approval) based on changed circumi�tances. Changed circumstances include, but are riotUtn/ted to the modification of the business, echange in nuope, emphasio, size or nmhuco of the businnmu, and. the expmnainn, alteration, naoonf igvnaMun or change of use, The naaerveUVn of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City. its Planning Director, Planning Commission, and Oih/ ^ Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed onsuch Conditional Use Permit or for the maintenance of any nuisance condition or other code violation therbon, PL-7 The pennittee shall obtain City approval for any modifications or revoiona to the approval of this Conditional Use Permit. ^ . PL-8� The. pe/mi�ceaheUeubm�o minor modification application bzbnapproved �xany — — exterior changes made hothe building, including any fencing orgates that may be constructed in the future. PL~8. This approval shall be used within, two years of the approval date; Otherwise, K shall become null and void, By use is meant the beginning of substantial construction contemplated by. this approval within the two-year period, which'is thereafter diligently pursued to completion, or'the beginning Of Substantial utilization contemplated by this approval, - ' PL,10, If commencement of the use, has not occurred within two years o/ approval of this permit, the permitteefile an applicationat lest thirty days prior to expiration of the . ..... .. Conditional Use Permit apply,for u - p . to 3 one -year extensioris of time, Each extensibn of tinie shall be granted in one-year incr�ments only, . PL,11. Prior hlmnemployee yeU� iOgcoho��umUl�� facility, u�ohnlUCenaoeoxemployer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D)` orreceived training from -any other program certified by the California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on ION). PL-Q, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 asn, to 11 p rn,, Saturday 8 a.m. to 11 p,m. and Sunday 8 a rn, to 10 p.m. PL-14. In the case that the ' restaurant manager Would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m, When this OCCUrS, alcoholic.beveragps may be served until 2:00 a.m. as consistent with the provisions of California State Law. PL-15, "Last call" for alcohol service shall occur at 1:30 a.m, as consistent with California State Law. PL-16., A separate building permit shall be obtained prior to the commencement of construction, -tenant improvement or other interior or exterior improvements requiring building permits PL 17, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit, PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0287 EXH 13 - 0220 ml El EXHIBIT A FINAL CONDITIONS OF APPROVAL G-\Planningk2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPTIanningTINAL COA-CUP,doc 0288 EXH 13 - 0221 I, Craig Puma, understand that Planning Application No. PA07-031 G has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL., I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. (� 0 .afONA DATE b GAP1annin9\20071PA07.0314 The Bank Upgrade to Type 47 Minor CMPIenn1ng\F1NAL COA-CUP.doc 0289 E e aA1 Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temeculu, CA 92589.9033 (951) 694-6400 • FAX (951) 694•6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at kpti lecornteQci raft rr Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Bail, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 0"WRanninglAPPROVAL LTR.doc EXH 13 - 0223 Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wlne•eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036.011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as - provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. if within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711 A(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. O,1P1ann1n9t2 MPA07.0314 The Bank Upgrade to Type 47 Minor CUP"anningkF NAL COA•CUP.doc 0 EXH 13 - 0224 dam GENERAL REQUIREMENTS G:%Plannlno0007)PA07.0314 The Bank upgrade in Type 47 hyLu� 442anninglFINAL CQA-CUP.doa EXH 13 - 0225 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or Indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Including actions approved by the voters of the Cily, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be In the best interest of the City and its citizens in regards to such defense, 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguratlon or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, Its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8.. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future, 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval withinthetwo-year period, which is thereafter diligently pursued -to -completion, or the beginning of substantial utilization contemplated by this approval, 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G;VPIann1ngQ00nPA07.0314 The Bank Upgrade to Type 47 Minor CUPVPIanningWINAI COA•CUP,doc 0293 EXH 13 - 0226 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows; Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cineo De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal, 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their Original design and performance specifications (CFC art.87 et al). 16, The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit, These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19, Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. if any cooking appiiances have been added and G \Plan ningl2007\PA07-0314 The hank Upgrade to Type 47 Minor CUPOanningONAL COA•CUP.doc r EXH 13 - 0227 Community Services Department 21, The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5,08 of the Municipal Code. 23, Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. -- 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26, identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California Identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card Issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAP1ann1ngWMPA07•4314 The Bank Upgrade to Type 47 Minor CURPIanninglFiNAI. COA•CUP,doc EXH 13 - 0228 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained In the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 26632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause, This Includes Inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). - C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot. (Section 25601 B&P; 316 PC). Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct Is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPI9nning12007tPA07-0314 The Bank Upgrade to Type 47 W&L tIanningONAL COA-CUP.dw uzb EXH 13 - 0229 e. Alcohol Review Board; A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, oaPlanning=07%PA07.0314 The Bank Upgrade to Type 47 UP anningWINAL COA-CUP.doc EXH 13 - 0230 11 DH RESOLUTION NO.08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code, B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. I C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findn s. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040,010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit -- Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0APlanning\300APA07.03 t4 The hank Upgrade to Type 47 Mir®C��I�iinpNDH RESOLUTION EXEMPT FROM CEQA.doc ... - _. T// EXH 13 - 0231 L C existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan, The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area, The project is consistent with the surrounding uses and meets i all applicable Development Code requirements, including the 500' sensitive use separation requirement, The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities, The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. QNPlamiingV007\P11 A07.03 IQ The Bank Upgrade to T11 ype 47 Mi 02,94 mg\DH RES1. .GU NON EXEMPT FROM CEQA.d11 oc 11 ,...w...., x...x EXH 13 - 0232 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 49license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses, it has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for tho license upgrade and solo of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 9 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. GAPIa11ni1gM07\PA07-03 PI The Bank Upgrado to Type 47 MinL0.1)0iVg\DH RESOLUTION EXEMPT' FROM CEtA.dne M b:,. EXH 13 - 0233 t Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the P day of January 2008. Rat Simp 6�-e&alr-y GAPJanning12007�PA07-03I4 The Bank Upgrade to Type 47 MininSNDH RESOLUTION EXEMPT FROM CEQA.doc x .... ,, .... ... , .:_�.. _ _ .._........ µ, . EXH 13 - 0234 EXHIBIT 14 0302 EXH 14 - 0235 1 1086-0773\2711254vl.doc Jennifer Petrusis T 213.626.8484 F 213.626.0078 E jpetrusis@rwglaw.com July 8, 2022 VIA ELECTRONIC MAIL & U. S. MAIL Norman Solomon Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 norm@)metro-resources.com 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends That Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear Mr. Solomon: I am writing to follow up on our telephone conversation on Friday, July 1, 2022, during which we discussed the City of Temecula Planning Director's recommendation that the Conditional Use Permit for the property located at 28645 Old Town Front Street be revoked. You provided me with your e-mail address and your preferred mail address, and I emailed you a copy of the Notification letter from the Planning Director on Tuesday, July 5, 2022. Since I have not received a response to my e-mails, including those regarding proposed hearing dates, I am sending the Notification letter to you by mall to make sure You receive it well before the hearing date. As I mentioned in my e-mails, the City and its witnesses are available August 30- September 2, 2022. Mr. Puma has confirmed that he is also available during that time period. I have not received confirmation one way or the other from Amanda Moore. During our conversation on July 1, 2022, you also asked if the City would consider delaying the revocation matter. The City declines your request and it will be proceeding with the revocation matter. Please feel free to contact me if you have any questions. Very truly yours, J n ifer etrusis Enclosure(s) 11086-0773\2689445v1.doc 0303 Los >ar geite San Francisco Orange County Ternecula Central Coast EXH 14 - 0236 cc.. Kapd b' 17 0 City of Temecula Community Development i000 Main StreetTemecula, CA92590 FP4 hone 1951) 694-G400 •Fax )951) G94 G477 • Temecul�CA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03,085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, 1 resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations -of -the CUP's Conditions as detailed below: 0304 EXH 14 - 0237 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA 12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday I I a.m, to 11 p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA 12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 1 I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: « March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250,00 Citation (Paid) 0305 EXH 14 - 0238 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250,00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $25.0.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August b, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0306 EXH 14 - 0239 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) r August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 0307 EXH 14 - 0240 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 a November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) « November 19, 2021 $1,000 Civil Penalty (Paid) + November 20, 2021 $1,000 Civil Penalty (Paid) a December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) a December 17, 2021 $1,000 Civil Penalty (Paid) a December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 0308 EXH 14 - 0241 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) ....... • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) 0309 EXH 14 - 0242 CNC Puma Corporation, Mr, Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriffs Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made- --al . That the perrrirt Was "obtained byomission; m1.1srepresentafior , or fraud, .........._. b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 0310 EXH 14 - 0243 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. Rega , Mt e Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V 8S 1 T3 Rands Jo►, Ctt Clerk 0311 EXH 14 - 0244 11 Ell Cif of Temecula F1000W ty Development n Street + Temecula, CA 92590 dress; PC, Box 9033 r Temecula, CA 92589.9033 j 694-6400 a Fax {951) 694-6477 • www,clryoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal It within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ........ It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk@pityoftemecla. or_a. Sincerely, Xk, AICP Senior Planner Enclosures: Conditions of Approval 0312 tD Pnn,ed en Rec)APPLANNING120121PA12-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTR.doc EXH 14 - 0245 Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 s Temecula, CA 92589-9033 (961) 694.6400 + FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJFCT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption .of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: f On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit—17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The ,Bank of Mexican Food, is consistent with goals and polices reflected in the Old down Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within. -.the- City, The .Old--Town.-Specific--Pan- Indicatesthat-Old ..-Town --should --be- developed -to-- - provide tocat and tourist oriented retail services and promote existing development and uses ;that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the properly was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific GAPLANNING120081PA08.0236 Bank or Mexico Minor moolPIanning\APPROVAL LETTER ADMINISTRATIVE,doc 0318 EXH 14 - 0251 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process, If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your kat>w.lecorn g cit o3 rnecula.grg, Sincerely, Katie Innes Assistant Planner KI/ks Enclosures; Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GAPLANNING\20081PA08.0236 Bank of Mexico Minor MOD\Planning\APPROVAL LETTER ADMINISTRATIVE.doc 0319 EXH 14 - 0252 11 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED'; 0 DROVE; PERMITS PLUS: INITIALS: PLANNER: 0320 EXH 14 - 0253 ACCEPTANCE OF CONMIONS OF APPROVA L 1, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval whi6h are set forth in Exhibit A. I have read'the Conditions, of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification reqqirements Imposed by those'conditions., SIGNATURE Dot TE 0321 EXH 14 - 0254 EXHIBIT A CITY OF TEMECULA FINAL CONDOTIONS OF APPROVAL Planning Applicafioio No,: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional,U'se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 1VISHCP Category: NIA DIF Category: N/A TUWiF Category: N/A Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052, If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). Pt.-2, The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original- signature to the Planning "Department.' General Requirements PL-11 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend' the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments,, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting,, directly or indirectly, from any action in furtherance of and the approval of the 0322 EXH 14 - 0255 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application.- The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code, PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to. review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances -include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and. the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Counoil is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. PL-8. T"he permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future, PI-4 This approval shall be used within two years of the approval date; .otherwise, it shall become null and void. By use, is meant the beginning of substantial construction contemplated by. this approval within the two-year period, which is thereafter diligently pursued to completion, or'the beginning of substantial utilization contemplated by this approval, PL-10. If commencement of the use. has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L,E.A.D.), or received training from.an.y other program certified by 0323 EXH 14 - 0256 the California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on 1/3/08). PLI 2. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone number's shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090),, PL-13, Regular hours of operation shall be as follows; Monday -Thursday 11a.m. to 10 p.m., Friday 11 a.m, to 11 p m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m, to 10 p.m. PL-14. In the case that the restaurant manager Would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m, When this occurs, alcoholic.beveragps may be served until 2:00 a.m. as consistent with the provisions of California State Law, "Last call" for alcohol service shall occur at 1:30 a.m, as consistent with California State Law. PL_16. A separate building permit shall be obtained prior , to the commencement of construction, -tenant improvement or other interior or exterior improvements requiring building permits PL- 17, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. I t PL- 18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED- G DRIVE: PERMITS PLUS., 08 INITIALS: PLANNER: tamte Wftnning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPPlanninij\FINAL COA-CUP.doc 0325 EXH 14 - 0258 11 I, Craig Puma, understand that Planning Application No. PA07-031 4 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them, Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. .t 6/ �� 1, •�` .�y ICNA r DATE GAPIanning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIenn1ngkFINAL COA-CUP,doc 0326 El Planning Department 43200 Business Park Drive • Temecula, CA 92590 * Mailing Address: P.O. Box 9033 • Temecula, CA 92599.9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT; Planning Application No. PAO7"-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. ............. _. .... - It has been a pleasure working with you during the entitlement process, If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at i<atie jtq,rIrr�te ct�cit c ftarn ui rcd. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 1PlanninglAPPROVAL L.TR,doc- EXH 14 - 0260 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL. Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 16062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. GAP1ann1ngl2007tPA07-0314 Tho Bank Upgrade to Type 47 Minor CUPiPlanningkF NAL COA-CUP.doc 0328 EXH 14 - 0261 11 GENERAL REQUIREMENTS El GAPlanning1200nPA07-0314 The Bank Upgrade to Type 47 Voi ienningWINAL CQA-CUP,doc it EXH 14 - 0262 Planning Department 31 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best Interest of the City and its citizens In regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, slxe or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is In addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, T The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8, The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future, 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GAP1ann1ng%2001)VA07.0314 The Bank Upgrade to Type 47 Minor CUNPIanningWINA1 COA•CUP.doc F EXH 14 - 0263 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Aicoho! and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building pert -nit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the .. installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and GSPlanning120071PA07-0314 The Bank Upgrade to Type 47 M0411nninglFINAL COA•CUP.doc EXH 14 - 0264 Agh Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 21 Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general - eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona tide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. -- 9:00 a.m., 11:00 a.m. - 2:00 p.m., and 6:00 p.m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military Identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government Issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b Date of birth C. Physical description d. Photograph e. Currently valid.(not expired) GAPIenn1n9120071PA07•0314 The Bank Upgrade to Type 47 Mlnor CURPlanningtFINAL COA-CUP.doc 0332 EXH 14 - 0265 Alk 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 095-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mail office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P), Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This Includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). c. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The -touching,-caressing-or-fondling-on-the-breast, buttocks, -anus -or genitals. -(c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus, (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPIanning120071PA07-0314 The Bank Upgrade to Type 47 KUA a2 3anninglFINAL COA-CUP.doo EXH 14 - 0266 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, GAPianningt2007WA07.0314 The Bank Upgrade to Type 47 V%IXnning%FINAL COA•CUP.doc EXH 14 - 0267 C DH RESOLUTION NO. 08.001 El A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findin s. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code, B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Furth r Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and th Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine -- eating place) to a Type 47 license (on -sale general — eating place) for an G:\Planning\2007\PA07.03 !4'rtre Bank Upgrade to Type 47 Min(*3 ns\UH RESOLUTION EXEMPT FROM CEQA.doc ...F EXH 14 - 0268 El El existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan, The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. GAPlanning12007\PA07.0314 The Bank Upgrade to Type 47 Minng\AH RESOLUTION EXEMPT FROM CEQA.doc EXH 14 - 0269 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for tho liconso upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings, The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure, The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions, That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0..1Planning12007\PA07-0714'1'he Gunk Upgrade to Type V MinoV,", DH RESOLUTION EXEMPT FROM CEQA.doc r,,..�. _...� .... r. _. EXH 14 - 0270 r Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning E 1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. Kat Simp ts.,ecr ary GAI`Ianning\20071PA07-0314 The Bank Upgrade to Type 47 MinoDR RESOLUTION EXEMPT FROM CEQA,doe EXH 14 - 0271 rW 0339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusis@rwglaw.com 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re OAH Case No. 2022051021 The Bank CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 0340 11086-0773\2720589v1.doc CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT I The City of Temecula respectfully submits its written Rebuttal Closing Argument in 2 this matter. 3 4 I. ZIP THIRD WAS ON NOTICE ABOUT THE VIOLATIONS SINCE 5 AUGUST 2021. 6 Zip Third Investment, LLC ("Zip Third") devotes its closing argument to arguing 7 that it did not receive sufficient notice of the violations by its tenant, The Bank. Curiously, 8 Mr. Solomon admitted that Zip Third received copies of at least 16 civil penalty letters and 9 Mr. Solomon testified that the property manager employed by Zip Third knew about the 10 violations. Nevertheless, Zip Third decides to blame others, the City, and COVID for why Z 0 11 it did nothing in response to the 73 communications it received from the City dating back to o 12 August 2021. � o OL cr z 13 Zip Third's focus on Municipal Code section 1.21.050(B), which is regarding 0 H 14 service of an administrative citation on a business owner, is misplaced. The citations and .ow 15 civil penalties were not issued to Zip Third, but rather to CNC Puma Corporation, i.e. the LL N o16 business owner. As Mr. Puma testified, it is CNC Puma Corporation ("CNC Puma") that 17 holds the business license for The Bank. There is no dispute that these citations and civil 18 penalties were properly served on the business owner. Zip Third cannot conscript the 19 service procedures for an administrative citation to claim it did not receive notice of the 20 violations. We know it received notice based on the testimony of Code Enforcement 21 Officer Tom Cole and based on Mr. Solomon's testimony. 22 Mr. Cole testified that he sent a letter on August 20, 2021 to Zip Third Investments, 23 LLC at its business address (Ex. 12). This is the same address that Mr. Solomon confirmed 24 is the proper business address for Zip Third. This letter states that it is to inform Zip Third 25 about violations of the Municipal Code at its property by its tenant, The Bank. It 26 specifically mentions the violations of the operating hours. It notifies Zip Third that the 27 City had been issuing, and would continue to issue, civil penalties for these violations. It 28 invited Zip Third to contact Mr. Cole6itliad any questions. It is disingenuous for Zip J34-2- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I Third to now claim that this letter did not sufficiently put Zip Third on notice about the 2 violations. 3 Mr. Cole also testified that he sent copies of civil penalty letters to Zip Third from 4 that time in August 2021. Indeed, Mr. Solomon admitted that his office received copies of 5 at least 16 of the civil penalty letters and that his property manager was aware of the 6 violations. Zip Third's criticism that the City did not do more is unfair. It was not required 7 to do anything more under the Municipal Code. Mr. Solomon provided no explanation 8 except to state that he did not visit his office often during the pandemic. Put simply, Mr. 9 Solomon's decision not to visit his office is not the City's responsibility and it certainly 10 does not establish a violation of due process. The City sending a notice letter in August Z z 11 2021 and thereafter copies of 72 civil penalty notices (those between August 20, 2021 and o 0 12 May 19, 2022) to the business address of the property owner is sufficient to put the property � o LU r ¢ z 13 owner on sufficient notice of the violations of its tenant. d O H 14 Zip Third cannot blame the City for the deficiencies of its business practices and .ow 15 claim that these deficiencies amount to a violation of due process. Zip Third did nothing LL N a w 16 about the violations until after the City initiated its revocation action, which was months oa 17 after it received at least the copies of civil penalty letters issued in March 2022. How many 18 more notices did Zip Third think it was entitled to? Had the City only begun issuing civil 19 penalty letters in March 2022, this would have been sufficient notice to the property owner. 20 Zip Third might now be regretting how its office handles receiving mail from the City and 21 it might be regretting its choice in a property manager, but again, this is not the City's 22 responsibility and it does not demonstrate that the City failed to provide sufficient notice of 23 the violations. The City fulfilled its obligations under the Municipal Code. 24 Zip Third argues it was its tenant that violated the CUP and that it did nothing. Zip 25 Third doing nothing is the exact problem. The City is not required to stand by while a 26 restaurant violates its CUP over the course of 17 months because the property owner 27 decides not to take action. The City is required to establish by clear and convincing 28 evidence the facts upon which the PI irector's recommendation of revocation is -3- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I based. (Ex. 1; Section 17.03.085(A)(4)). It is undisputed that the violations that formed the 2 basis of the citations and civil penalties listed in the Planning Director's recommendation 3 occurred. It is undisputed that The Bank violated its permitted operating hours and 4 committed numerous noise violations. The City has met its burden. Zip Third attempts to 5 deflect from the real issue by complaining that it is just the property owner and that it did 6 not commit the violations itself. However, the issue before the Administrative Law Judge 7 is whether there were violations of the CUP. The answer is irrefutably "yes" and the City 8 has demonstrated that Zip Third was on notice of those violations for the 9 months before 9 the City initiated its revocation action. Zip Third cannot avoid a revocation of the CUP by 10 doing nothing in response to the violations by its tenant. Z 0 11 II. RESPONDENTS CANNOT NOW CHALLENGE THE CONDITIONS OF o 12 APPROVAL. � o LU r ¢ z 13 It is undisputed that The Bank is in violation of its Conditional Use Permit and has d 0 H 14 been in violation for at least the past 17 months and that it continued to violate even after .ow 15 receiving a Notification from Mr. Watson that he is recommending revocation of the CUP. LL N a w 16 CNC Puma devotes its closing argument to arguing that the operating hours, as set forth in oa 17 Condition of Approval No. 12 of PA 12-0041, are not valid. The validity of the Conditions 18 of Approval in PA 12-0041 is not properly before the Office of Administrative Hearings in 19 this proceeding. The deadline to appeal the Conditions of Approval has long since passed. 20 It is undisputed that neither Mr. Puma nor anyone associated with CNC Puma ever 21 appealed the Conditions of Approval and the City is not obligated now to explain why it 22 adjusted the operating hours when it granted Mr. Puma's request for background music. 23 CNC Puma cannot convert this revocation matter into an appeal of the Conditions of 24 Approval of its CUP. 25 Interestingly, CNC Puma fails to explain why it never submitted an application for 26 minor modification, even after it started to receive and pay citations and civil penalties for 27 its violations and even though Mr. Puma was familiar with the process by which to request 28 a modification to the operating hours 0 y, the answer is because it did not want to. -4- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I The Bank did not want to comply with the current, reduced hours. It saw a business 2 opportunity to stay open later than allowed. Therefore, it made the business decision to 3 continue to violate the CUP, pay the citations and civil penalties, and hope the City would 4 not revoke the CUP. 5 III. THE DOCTRINE OF LACHES IS NOT AVAILABLE TO CNC PUMA. 6 CNC Puma claims the doctrine of laches prevents the City from enforcing the 7 Conditions of Approval. Laches is unavailable to CNC Puma. "The defense of laches 8 requires unreasonable delay plus either acquiescence in the act about which plaintiff 9 complains or prejudice to the defendant resulting from the delay." Feduniak v. California 10 Coastal Com. (2007) 148 Cal.AppAth 1346, 1381 (holding the Commission did not Z 0 11 acquiesce in an easement violation that it did not know about, nor did it unreasonably delay o 2 12 enforcement). Furthermore, "laches is not available where it would nullify an important � o LU r z d 13 policy adopted for the benefit of the public." Golden Gate Water Ski Club v. County of 0 H 14 Contra Costa (2008) 165 Cal.AppAth 249, 263 (holding that a County was not barred by .ow 15 laches in ordering the destruction of dwelling units, outhouses and docks that the Golden LL N a w 16 Gate Water Ski Club had erected without any land use or related permits 33 years before oa 17 the County issued a notice of violation). 18 Here, there is no evidence that City officials or City employees charged with making 19 decisions on enforcement knew about The Bank violating its operating hours and then 20 decided to acquiesce to those violations. Rather, City witnesses testified that once the City 21 was aware of the violations, the City began issuing citations and civil penalty notices, and 22 continued that practice every weekend for 17 months. Furthermore, CNC Puma has failed 23 to demonstrate any prejudice. Mr. Puma failed to review the Conditions of Approval 24 contained in PA 12-0049. That CNC Puma is unhappy after learning about the permitted 25 operating hours is not the same thing as demonstrating prejudice. There is no evidence that 26 the City ever told CNC Puma that The Bank could violate the operating hours set forth in 27 PA 12-0049 and that CNC Puma thereafter relied upon that permission to its detriment. 28 0344 -5- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc I IV. IT IS UNDISPUTED THAT THERE HAVE BEEN NUMEROUS NOISE 2 VIOLATIONS AND SERIOUS CRIMES AT OR CONNECTED WITH THE 3 BANK. 4 Respondents do not, and indeed cannot, dispute the noise violations that were the 5 basis for 17 citations on those grounds. These violations, by themselves, would be grounds 6 to revoke the CUP. CNC Puma is incorrect that the City did not present any evidence of 7 complaints; City witnesses testified that the City had received noise complaints. 8 CNC Puma does not dispute that there have been numerous crimes that have 9 occurred at or were connected with The Bank. It does not dispute that a January 2022 10 shooting took place at The Bank and, indeed, that the victim of the shooting was a former z o 11 security guard of The Bank. Ms. Lane admitted not all of her security guards were licensed o 2 12 and Sgt. Hephner testified that the former security guard that was shot and killed was a � o OL cr 13 convicted felon and had been on probation. z o 0 H 14 CNC Puma's argument that other establishments in Old Town Temecula have had .ow 15 more instances of criminal activity is unpersuasive and does nothing to dispute that The LL N a w 16 Bank is a disorderly house in violation of Condition of Approval No. 28c. The definition of oa 17 "disorderly house" in Condition of Approval No. 28c does not state the establishment must 18 have more criminal instances as compared to other establishments. It does not contain a 19 minimum amount of criminal instances. The instances of criminal activity at or connected 20 to Old Town Temecula bars and restaurants is deeply concerning to the City and City 21 witnesses, specifically, Mr. Watson, Mr. Cole, and Sgt. Hephner, testified about the 22 extensive efforts the City has taken to address criminal activity in the Old Town Temecula 23 area, including forming a special task force to visit every bar and restaurant establishment 24 on Friday and Saturday nights. 25 V. CONCLUSION. 26 There is no question that Respondents were on notice of the violation. They 27 received the Planning Director's notification and OAH has conducted a hearing in 28 accordance with the Municipal Codeoji4gity has met its obligations under the Municipal -6- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code and it has demonstrated through clear and convincing evidence that violations of the CUP have occurred. The City is not obligated to stand by while The Bank continues to violate its CUP. Accordingly, the City respectfully requests that OAH issue a decision pursuant to Section 17.03.085 that the CUP is revoked. Dated: September 19, 2022 RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS M. �Et' IFA PETRUSIS orneys for Agency CITY OF TEMECULA 0346 -7- CITY OF TEMECULA'S REBUTTAL CLOSING ARGUMENT 11086-0773\2720589v1.doc 1 PROOF OF SERVICE 2 In Re The Bank 3 OAH Case No. 2022051021 4 I, Mary Greer, declare: 5 I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, 6 California 90071. On September 19, 2022, I served the within document(s) described as: 7 CITY OF TEMECULA'S CLOSING REBUTTAL BRIEF 8 on the interested parties in this action as stated on the attached mailing list. 9 RI (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface. 10 I declare under penalty of perjury under the laws of the State of California that the 11 foregoing is true and correct. 12 Executed on September 19, 2022, at Los Angeles, California. 13 14 / Mary Greer 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0347 -I- PROOF OF SERVICE 11086-0773\2720690v1.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Via E-Service Via E-Service Craig Puma Elizabeth L. Martyn 28645 Old Town Front Street Tyler Sherman Temecula, CA 92590 COLE HUBER LLP cpumavi(kgmail.com 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 martynlaw2000 kao 1. com tshermangco lehuber. com rbolin(kcolehuber.com ssariswold(kcolehuber.com Attorneys for ZipThird Investments LLC Via E-Service Thomas Callaway, Esq. 43537 Ridge Park Dr. Temecula, CA 92590 tomcallawaygverizon. net Attorney for Amanda Moore and CNC Puma Corporation 0348 -2- PROOF OF SERVICE 11086-0773\2720690v1.doc r� 0349 In 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THOMAS J. CALLAWAY, ESQ., SBN 145001 43537 Ridge Park Drive Temecula, CA. 92590 (951) 201-6982 Tomcallaway@verizon.net Attorney for Respondents CNC PUMA CORPORATION, AMANDA MOORE, THE BANK In Re I THE BANK STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS ) OAH CASE NO: 2022051021 } CLOSING STATEMENT OF RESPONDENT PUMA CNC dba THE BANK Revocation of CUP Hearing Date: August 31 and September 1, 2022 Time: 9:00 AM Dep't: Zoom Telephonic Conference ) This matter is based on three (3) alleged violations as set forth in their May 19,2022 Notice: l . Condition 12 violation of regular hours of business; 2. Condition 12 violation of hours for alcohol sales; 3. Condition 28.c operating a disorderly house, defined as one which (a) disturbs neighbors with noise and loud music or (b) has many ongoing crimes inside added) such as drunks, fights, assaults, prostitution, narcotics, etc.. As to the Condition 12 issues; Agency provided written evidence and supporting testimony of over one -hundred civil penalties and citations. As to the Condition 28.c allegations, Agency provided evidence of seventeen (17) noise 1 0350 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 violations limited to the time period of April 2,2021 and July 3,2021 and supporting testimony of Agency employee Tom Cole along with the oral testimony of RSO Sergeant Hephner. The Condition 12 violations are based entirely on the Agency's erroneous position that The Bank "Regular hours of operations are"; "10:00 pm Sunday — Thursday, 11:00 pm Friday and Saturday; and on holidays (including Cinco De Mayo) 12:00 am"; "the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3/08)" since February 28, 2012. Specifically, Agency takes the position that a rather benign 2012 Minor Modification request made by The Bank to add "background music" in fact resulted in the rescission of The Bank's then operating hours up to 2:00 A.M. as allowed under a prior Minor Modification granted by the Agency in 2008. To accept Agency's position one must believe a number of rather dubious claims as fact. First that a 2012 request on behalf of The Bank to add a single musician would result in the City of Temecula taking away 26 hours of time The Bank could have otherwise been open. 7 testimony of Craig Puma was uncontroverted, that he wanted to add some music ambiance up to 10:00 pm and that was the sole reason he submitted the Minor Modification on February 27, 2012. Mr. Puma also testified that had he known or been told the approval of background music would only come at the cost of losing 26 hours of operating hours and not being able to stay open beyond 11:00 P.M. at the latest on a weekend night that he would not have made the request in the first place. Secondly, Agency was not able to provide any evidence as to why the supposed red in hours was required in order to get the background music request approved. The last minute rebuttal testimony of Stuart Fisk only generally referred to a meeting he had with Mr. Richards who was the one that, without explanation, required the operating hours be reduced. Mr. Fisk denied any involvement or input in the ultimate decision, instead placing it solely on 2 0351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mr. Richardson. Although, even in the intra office emails, that were submitted into evidence (Exhibit "H") between Luke Watson (Director of Community Development), Stuart Fisk (Planning Manager), Brandon Rabidou (Associate Planner 1) from 1/19/21 — 2/17/21 there is absolutely no reference to any reduction in hours or reasoning behind such in the 2012 minor modification. Additionally If the city was changing the hours intentionally then this would have amounted to a revocation of the 2008 modification or at the very least a modification of the 2008 modification which would have required notification of the permit holder as to why the change was being made and a chance to defend against this action, as per TMC 17.03.085. Both Mr. Puma and Mr. Fisk testified this was not done. Again the testimony of Mr. Puma was uncontroverted in that he had never been told at any time that his operating hours were being reduced let alone a reason. Further the approval letter drafted by Mr. Fisk makes no reference to any change in hours or to the 2008 Minor Modification. Mr. Fisk testified he was the one who directly spoke to Mr. Richardson and that personally drafted and signed the approval letter, and yet no mention of the City arbitrarily making such a significant and consequential change to Mr. Puma's business. No reaching out to Mr. Puma, with whom the City had a close working relationship, to give him a head's up about the change. Simply silence from the City as to letting Mr. Puma know about the change or why. Additionally there is no logical explanation given as to why operating hours would even Need to be reduced if the background music was only allowed up to 10:00 P.M. If music was cease per the approval at that time, then why would it be necessary to reduce operating hours from the already -approved 2:00 A.M.? Also, Mr. Fisk testified that Mr. Richardson was "very concerned" about allowing The Bank to operate to 2:00 A.M. with a background music approval. Mr. Puma testified that prior 3 0352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to 2021 he had no issues, problems or violations whatsoever from the City regarding The Bank. What these vague problems were that the City was having with The Bank that necessitated a reduction in operating hours again are not explained by the City and no evidence to support their claims. Thirdly, the City would have us believe that a reduction in hours was absolutely in the face of a request for background music. Yet the testimony of Mr. Puma was that he continuously operated The Bank up to 2:00 A.M. from the time of the 2012 modification to when he became a minority holder in the company in 2020 as that was his belief as to the allowable hours. That was how he ran things. Yet the City would have you believe that officials involved in enforcement, CUP'S etc., whose offices are within direct eyesight of the entrance to The Bank, never once approached The Bank about a violation of their operating hours? The same hours that were so important to be reduced if background music was to be allowed and yet nobody ever followed up? The City's selective enforcement and nine year delay in seeking to enforce is violative of the well settled legal principle of laches and has caused The Bank obvious prejudice. The testimony of Mr. Puma again was uncontroverted that he operated until 2:00 A.M. from 2012 to 2020 without any issues or complaints from the City. In their defense Mr. Fisk, the person who had the most involvement with Mr. Puma in the 2012 application and prepared and signed the approval letter testified he is in bed by 10:00 P.M. Yet Mr. Puma also testified that many people that worked at the city, including the people named by the city to be involved in this matter often were customers of The Bank at all different hours. Consistently the City's narrative is contrary to common sense let alone the evidence presented on behalf of The Bank. The City claims there were some unexplained issues with The Bank such that when Mr. Puma voluntarily came to the City for a background music modification to 10 PM that such gave the City their window of opportunity to reduce The Bank's operating hours all without any explanation or disclosure to Mr. Puma. Further the 4 0353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City never did anything over nine years to enforce The Bank consistently and openly operating to 2 AM. I Lastly almost 20 paragraphs/sections of the language of the 2012 "Final Conditions of Approval" were obviously and carelessly copy and pasted from the 2007 "Final Conditions of Approval" including the section on the 2007 hours. In addition the 2012 language made multiple factually inaccurate and impossible references to meetings and dates from 2007 as well as a reference to The Bank seeking a type 47 license from a type 41, something that had been done 5 years earlier. It is clear The City did not have the 2008 Minor Modification at the time they considered the 2012 application and they simply copied the language of 2007. This is further born out by the email from The City of Temecula Fire Fire Marshall Elsa Wigle on September 28, 2021 (Exhibit "G") wherein she reviewed The Bank's file and made no reference whatsoever to a 2008 Minor Modification. The City now seeks to pile on over one -hundred violations on The Bank based on this singular Issue And further to have The Bank stripped of a valuable type 47 license and the ability to operate as other restaurants do in Old Town. The City's remaining claim is based on the Condition 28.c, operating a disorderly house. The first essential definition of this is outlined in The City's letter of May 19, 2022 as : nuisance to neighbors with noise and loud music. The City presented absolutely no evidence of any complaints of neighbors to the Bank of such a nuisance. Not a single neighbor was called. Further the landlord testified he never received any such complaints. For such a significant nuisance that the City wants to use to severely restrict The Bank's operations you would think at least one neighbor would be called, but none were. The City simply cited 17 noise citations limited to 3 month period from April 2, 2021 to July 3, 2021, which is almost 1 year prior to the efforts to punish The Bank. Both Tom Cole and Luke Watson testified this issue was resolved and that was reason citations ended. This is 4y 0354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 not evidence of of a significant and continuous current problem to justify the relief sought by the City. The Second issue on disorderly house is crime inside such as drugs, prostitution, drunks, fights, assaults. The City presented the testimony of Sergeant Hephner which was very vague, often lacking in first-hand knowledge and painted with broad brush to try and connect 3 random events with The Bank. First was a chase resulting in an unidentified individual running from law enforcement and jumping over a fence and allegedly breaking his legs. There was no direct evidence this was in any way tied to The Bank and the testimony of Amanda Lane absolutely refuted any connection. Further there was shooting down the street from The Bank, again Sgt. Ephner had no first hand knowledge of any connection to The Bank. Ms. Lane testified she called in the shooting to law enforcement and when law enforcement came to The Bank and looked at video resulting in law enforcement agreeing there was no connection to The Bank. Third was the fatal shooting inside The Bank in January 2022. Sgt. Hephner and Luke Watson both testified that the reason The Bank was somehow at fault and that this was something other than a random location where this altercation happened to occur, was that The Bank should not have been open. This tenuous connection is based on their testimony the parties involved were in The Bank past the 10 PM hour. However, even though The Bank disagrees with the 10 PM operating hours alleged by The City, a reading of the 2012 Final Conditions of Approval clearly states in section 12 that the consumption of alcohol shall cease no later than 1 hour after closing. So their entire argument that nobody should have been in the Bank at approximately 10:30 pm when closing hours are 10 PM is contradicted by their own words. The City is left with nothing to show that anything The Bank did contributed to this incident. Sergeant Hephner also tried to tie a remote parking lot to The Bank and that issues there LV 0355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 are in essence The Bank's issues. There is no evidence tying that parking lot to ownership or control by The Bank. It is a parking lot open to all patrons of Old Town Temecula. There is no justification to connect that parking lot to The Bank and is consistent with Sgt. Hephner's broad and over -reaching attempt to blame The Bank. There was also generalized testimony about over -serving without any specific evidence presented by any patrons, ABC observers, ABC violations etc. It was only his general impressions without any testimony of specific incidents he saw or investigations into such. . Similarly there was general testimony from Sgt. Hephner about The Bank's security being an issue. Again there was no direct testimony the security used by The Bank violated any specifically identified laws, regulations or ordinances. He denied any need to ever arrest any security related to The Bank. Once again vague and generalized impressions by Sgt. Hephner and nothing more. Lastly was finally some documentary evidence about The Bank operating a disorderly house, and it came from The Bank. Service calls admitted into evidence demonstrated relatively few issues over a 1 year -plus period, compared to other establishments, calling into doubt Sergeant assertion The Bank is somehow a lone problem restaurant. Sgt. Hephner testified The Bank was a stand out problem for DUI's and public intoxications such that The Bank stood out to him as a particular problem. But a review of the service calls for The Bank and other establishments show zero service calls for The Bank involving DUI and 4 calls for public intoxication over a 13 month period. This written documentation maintained by Temecula law enforcement itself directly contradicts the vague narrative painted by Sgt. Hephner. In conclusion the drastic remedies requested by The City of Temecula should be denied 7 0356 2 3 t! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in their entirety. On the issue of the Condition 12 violations, it is clear the City of Temecula never intended to or did in fact modify the operating hours of The Bank to anything less than 2 AM. The actions of Mr. Puma in operating The Bank and lack of enforcement actions of The City are squarely consistent with that. The City brought in, on rebuttal, a city employee with no first hand knowledge of any decision making information as to the 2012 modification. Further the City failed to even call the best witness to provide even a glimmer of insight as to the City's decision making process on the 2012 modification while the testimony of Mr. Puma was clear, consistent and reasonable. Further the testimony on behalf of the City as to a disorderly house equally was unpersuasive and not only that the testimony offered by The Bank clearly showed it did not maintain a disorderly house. As such it is respectfully requested the relief sough by the City of Temecula be denied in it's entirety. DATED: September 12, 2022 THOMAS J. CALLAW Attorney for Respondei4 Dba THE BANK 0 0357 Corporation, 0358 1 THOMAS J. CALLAWAY, ESQ., SBN 145001 2 43537 Ridge Park Drive Temecula, CA. 92590 3 (951) 201-6982 Tomcallaway@verizon.net 4 5 Attorney for Respondent THE BANK 6 1 7 11 STATE OF CALIFORNIA 8 OFFICE OF ADMINISTRATIVE HEARINGS 9 10 11 In Re ) OAH CASE NO: 2022051021 ) 12 THE BANK ) NOTICE OF FILING OF EXHIBITS 13 ) 14 ) ) 15 ) ) 16 17 Pursuant to the INSTRUCTIONS FOR VIDEO OR TELECONFERENCE PROCEEDING 18 19 WITH CASE CENTER EXHIBITS, Respondent does hereby give Notice of Filing the 20 following Exhibits in the above -referenced matter: 21 22 1. Exhibit "A" The Bank PA-07-0314 CUP Modification; 23 2. Exhibit "B" The Bank PA-08-0236 CUP Modification; 24 3. Exhibit "C" The Bank PA 12-0041 CUP Modification; 25 26 4. Exhibit "D" Notice of Revocation of CUP April 13, 2022; 27 5. Exhibit ` E" Notice of Revocation of CUP April 18, 2022; 28 6. Exhibit "F" Notice of Revocation of CUP May 19, 2022; 7. Exhibit "G" Fire Marshall Email Thread beginning March 11, 2021; 1 11 0359 1I 1 11 8. Exhibit "H" Craig Puma Email Thread beginning March 5, 2021; 2 9. Exhibit "I" Craig Puma Email Thread beginning March 3, 2021; 3 4 10. Exhibit "J" BSIS Licensure Requirements; 5 11. Exhibit "K" Calls For Service -The Bank; 6 12. Exhibit "L" Calls For Service -The Stampede; 7 8 13. Exhibit "M" Calls For Service -Old Town Pub; 9 14. Exhibit "N" Calls For Service-Adelaide's; 10 11 15. Exhibit "O" Calls Fro Service -Baileys; 12 16. Exhibit "P" Calls For Service -Blackbird; 13 14 17. Exhibit "Q" City of Temecula Citation History' 15 18. Exhibit "R" Audio recording of Zoom Meeting with RSO Captain Zachary Hall. Please 16 note Respondent has been unable to file said recording in accordance with OAH procedural 17 18 requirements and is in process of making alternative arrangements to provide to the parties 19 and OAH. 20 21 Respondent hereby incorporates without acknowlcdgment of the veracity of same, as though 22 fully set forth herein all exhibits filed and/or offered by any other parties to this proceeding 23 including but not limited to the City of Temecula. 24 25 Further Respondent reserves the right to Amend this Notice of Filing of Exhibits based on 26 further discovered information or such other evidence that it was unable to produce at this time 27 despite good faith efforts to obtain such. 28 DATED: August 26, 2022 OMAS J. CALLA AY Attorney for Respondent TH K 2 0360 2 D3 EXHIBIT A 0361 D3 EXHIBIT A Pagel city of Temecuhi, 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 E-Mail: www.cityoftemecula.org MINOR CONDITIONAL USE PERMIT Date Stamp n' � L (Public Hearing) ,�-7 D � Planning Application No. PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Project Title: UP6112 " e- _Tz -t-v�� L(?CLtog_ l4C:F_t ,!5_ Project Description/Use: i_�l�� . u - ? Assessor's Parcel No(s): 9aa03(V0 l I Legal Description (Tract, lot no.): �`[ow►1 0 '"r�VY1�CU(.va %T I Street Address (es): a �� d L17 "TC>u3 t3 J:;j�piJT S ,- --f u,rMV .l La %S' qg) General Location: 1RoNT / VY1 rk; o srRe e-c- ADDITIONAL PROJECT INFORMATION 11 Total Building Square Footage: Total Tenant Square footage. 24J Ttoui. pENoin►Cff- 114 r Zoning: SL General Plan: Related Cases:. �� ' .P hi in o ren o d -6r ex4, 00ud 0362 D4 RAApplications - Fomis\WQMP\Conditional Use Permit -Minor -Revised 06-05.doc 2 EXHIBIT A Page2 D5 APPLICANTIREPRESENTATIVEIOWNER INFORMATION GrAC-9wvvx ce>2P. d6A APPLICANTIREPRESENTATIVe Tur. fttSk a(-- NIFXir_10 CONTACT 4�i )MA.. ('RA I. S Tf+ti a LAST y FIRST MI PHONE NO. 1 51- $ ` 3 FAX NO. t 5 l — rMk WO-4 4 ADDRESS ?54 '5 CAA6Tt- - GT � � A C =1 J5C1 I STREET CITY STATE ZIP E-MAIL UMW ( Y'C�dYLtV�y�E tr , corn PROPERTY OWNER L-t UITk LAST FIRST ML PHONE NO. Z- L041 G� ( FAX NO. Z.� c39 0 Co+-I-�""., -2- ADDRESS � b� rSt�ta►�2-�?_ VIF. VkL-nR.IA 'c \/85 I k _5 Car•}ADla STREET CITY STATE ZIP E-MAIL r1�R'7p.W�j, �55 !2 W ravJ, CA I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted �� Applicant's Signature Date. //. O-5 -.P'404 I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations andj construction obligations being im/pos d on this real property. 1 Owner/Authorized Agent Signature: K 1 'I ► t ° pate: )e U t Print Name: X t` �f1 iv I L O Written authorization sro. the legal property owner is required. An authorized agent for the owner must attach a notarized lr;ter of authorization from the legal property owner. b000Me" i AOJ FaX 0,51) -m - 0531 CX�►► �Il : 203-12%3 U 0363 D5 EXHIBIT A Page3 D6 PLANNING DEPARTMENT MINOR CONDITIONAL USE PERMIT APPLICATION SUBMITTAL REQUIREMENTS a Documentl Submittal Requirements Completed and Signed Application and Filing Fee 1 Site Plan (Described in Section A) 5 Floor Plan (Described in Section B) 5 8 1/2" X 11" Color Photos (Described in Section C) 1 Statement of Operations (Described in Section D) 1 Statement of Justification (Described in Section E) 1 Completed and signed WQMP Initial Checklist (Described in Section F) 2 Project -Specific Water Quality Management Plan (Consult with Public Works to determine if this item is required) 2 Hazardous Waste Site Information Form (Described in Section G) 1 Chemical Classification / Quantification Packet (If applicable) (See Fire Department for packet) 1 Underlying Conditions of Approval 1 Submittal Requirements Prior to Hearing Public Hearing Information (Described in Exhibit H) 1 Spiral Bound Color 11 "x17" reduction of all exhibits 10 8 Y2"x11" reduction of all exhibits 1 Mounted final color building elevations (3'x4') 1 Full size set of final site plan, elevations, floor plans, grading plan and landscape plan folded to 8'/z"x11" 10 0364 4 0 EXHIBIT A Page4 D7 PLAN PREPARATION AND GUIDELINES All plans shall be"drawn -on uniform sheets no less than 24" X 36" (or as approved by the Community Development Department), shall be folded into 1/8 sections with a folded size not to exceed 8 112" X 11 ". All plans shall be clear, legible and accurately scaled. SECTION A. SITE PLAN CONTENT 1 NJIXA Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: Name, address, and phone and fax number of applicant, owner, architect and/or engineer. Graphic scale (with bar scale) and north arrow Vicinity map Date Site Plan prepared tame tormattea in the tonowmg oraer: / Assessors rarcel NUmDer o Street Address (if available) o Legal description of the property. (i.e. o Zoning designation General Plan designation Existing land use/proposed land use 'o Total Gross Area: o Total Net Area: o Total Building Area: o Lot coverage: o Building area o Parking area Tract / Parcel Map and Lot(s)/parcel(s) square feet square feet square feet Square Feet s.f. s.f. o Landscaping area S.T. o Parking: Spaces Required o Ratio/square foot of use(s) spaces o Number of disabled spaces spaces o Total Parking spaces acres acres FAR Percentage Spaces Provided spaces spaces spaces o Floor Area Ratio o Occupancy classification (per Uniform Building Code) o Type of construction (per Uniform Building Code) o Indicate if building has fire sprinklers and/or alarm o Number of stories o Height of building (as measured from the pre-existing grade, finished grade or floor protection elevation, which ever is lowest to highest point on roof) ❑ Existing property lines in bold and label all dimensions (metes and bounds) ❑ Location and dimensions of all existing and proposed easements (with record reference) ❑ Proposed lot lines and dimensions, if applicable ❑ Delineate and label the minimum setbacks from all property lines ❑ Location and dimension of all existing and proposed structures, including building setbacks o Location and dimension of all landscaping and pedestrian walkways (shaded) ❑ Location and typical dimension of drive aisles, loading zones and parking stalls ❑ Location of existing and proposed onsite fuel tanks ❑ Location and dimension of all trash enclosure(s) ❑ Location of monument sign(s) (existing and proposed) ❑ All proposed public improvements, including cross sections ❑ Location of existing or proposed fire hydrants within 500 feet of project site ❑ Location of existing or proposed Fire Department connections (within 50 feet of a public hydrant and 40 feet away from the building ` ❑ Location of existing or proposed Post Indicator Valve ❑ Label interior and exterior turning radius dimensions at entries and drive aisles for emergency vehicle access (minimum interior — 37 feet; exterior — 56 feet; wheel cuts — 50 feet) Documentl 0305 D7 EXHIBIT A Page5 os ❑ Location and dimension of all walls and fences ❑ Location of all structures, driveways, parking areas, trees and adjoining property lines within 50 feet of the perimeter of the subject property ❑ Zoning and existing land use of adjacent parcels ❑ Phasing of the project (if proposed) ❑ Americans with Disabilities Act (ADA) path of travel (horizontal path of travel only) ❑ Location, type and height of all existing and proposed street, parking and pedestrian lights (Indicate any to be relocated) SECTION B. FLOOR PLAN CONTENT Scale: The scale used on the floor plans shall be no less than 114" per foot. Plans must be fully dimensioned. Large projects shall be no less than 118" per foot with 114" per foot details). The Floor plans shall illustrate all proposed (and existing, if applicable) buildings and structures. The following information shall be included on the plans: ❑ Proposed use for each room. ❑ Proposed square footage for each room. ❑ Clearly label and identify: o Restrooms o Exits o Doors o Hallways o Corridors o Elevators o Patio o Fire sprinkler riser room (with direct exterior access) o Fire alarm control panel o Location of Knox Box o Location of Fire Department connection (if wall mounted) SECTION C. STATEMENT OF OPERATIONS Provide a written statement outlining your request for a Minor Conditional Use Permit. Your response must give a detailed description of the proposed use and shall include, but is not be limited to: ❑ Hours and days of operation. ❑ Number of employees. ❑ Number of required parking. ❑ Average daily peak trips generated. ❑ Type of equipment or processes used. ❑ Description of hazardous materials (existing and new). ❑ Other descriptions that effectively describe the proposed use. SECTION D. 8 1/2" X 11" COLOR PHOTOS 8 1/2" X 11" color photos from interior of site looking north, south, east, and west with direction attached to each photo. SECTION E. STATEMENT OF JUSTIFICATION Documcntl EXHIBIT A Page6 • 0 D9 Provide written justification outlining your request for a Minor Conditional Use Permit. This justification must answer the following questions. Please provide a thorough explanation of your responses. 1. Is the site suitable and adequate for the proposed use? 2. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? 3. Would the proposed use have a substantial adverse impact on the general welfare of persons residing in the community? 4. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? SECTION F. WQMP INITIAL CHECKLIST A signed Water Quality Management Plan Initial Checklist must be completed and submitted with the application materials. The WQMP Initial Checklist has been provided and is available online at www.cityoftemecula.org. If "yes" can be answered to any of the criteria outlined in the checklist, a WQMP is required for the project. If a WQMP is required, it will have to be submitted with the application materials at the time of submittal. A sample WQMP is available online at www.citvoftemecula.org. ❑ WQMP Initial Checklist ❑ WQMP (if required) SECTION G. HAZARDOUS WASTE SITE INFORMATION FORM I Documend 0367 D9 EXHIBIT A Page7 Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified state -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. PART A TO DETERMINE IF YOUR PROJECT IS WITHIN THE ONE -MILE RADIUS OF A HAZARDOUS WASTE SITE refer to the following list of State identified Hazardous Waste Sites. Identify the listed site by placing a check in the box provided and sign and date this form. Is the project within a one -mile radius of an identified hazardous waste site? Yes No REGIONAL WATER QUALITY CONTROL BOARD HAZARDOUS WASTE SITES ❑ Rancho Calif. Water District, 28061 Diaz Road, Temecula, CA 92590 a Borg Warner Mechanical Seal, 27941 Front Street, Temecula, CA 92590 ❑ Chevron Service Station, 28900 Rancho California Road, Temecula, CA 92590 o Plant Equipment, Inc., 28075 Diaz Road, Temecula, CA 92590 o Mobil, 28111 Front Street, Temecula, CA 92590 ❑ Penfold Properties, 28545 Front Street, Temecula, CA 92590 ❑ C.L. Pharris Ready Mix Plant, 29065 Front Street, Temecula, CA 92590 ❑ Temecula Fuel Center, 44987 Front Street, Temecula CA 92590 ❑ Arco, 27641 Ynez Road, Temecula, CA 92590 PART B TO DETERMINE IF YOUR PROJECT IS WITHIN A ONE -MILE RADIUS OF A PUBLIC WELL SITE, which could potentially be affected by a hazardous waste generator, refer to the following list of State identified Public Well Sites. Identify the listed site by placing a check in the box provided and sign and date this form on the last page. Is the project within a one -mile radius of an identified public well? Yes No DHS3 PUBLIC WELL SITES SERVING MORE THAN 200 CONNECTIONS ❑ Rancho Cal WD (#102), SW 1/4, SE 1/4, Sec. 2, T8S, R3W ❑ Rancho Cal WD (#114, 113), SE 1/4, NE 1/4, Sec. 25, T7S, R2W I (we) certify that I (we) have investigated and completed this hazardous waste site form, and that my (our) answers are true and correct to the best of my (our) knowledge. Owner/Representative Date SECTION H. PUBLIC HEARING REQUIREMENTS Document] 0 3§ Q v�`+�+ D 10 EXHIBIT A Page8 D11 The following information may be obtained by requesting a "Radius Package" from a title insurance company. The following items will be required prior to scheduling the application for public hearing: TWO identical packages to be inserted in separate 91/2" x 12 1/2" manila envelopes. These envelopes shall indicate the case number and the word "labels," and shall contain the following: a. One typed set of gummed labels (30 labels per sheet) indicating all the property owners' names and the mailing addresses that are within a 600-foot radius of the exterior of the proposed tract boundaries (this list shall be ascertained from the last equalized assessment roll). The Planning Application Number shall be located on all label sheets. *A minimum of the 30 nearest individual property owners (persons owning multiple properties shall only be counted once) shall be provided. Applicant is responsible for crossing out all duplicate labels. b. A photocopy of the aforementioned labels. C. One label for the representative/engineer. d. One label for the owner. 2. Four typed sets of gummed labels of the owner, engineer, and representative with their mailing addresses. Do not include duplicate sets where representative and owner, etc., are the same. These should be inserted in a letter -sized envelope and stapled to the outside of one of the large manila envelopes mentioned in item 1 above. 3. Certification by the Title Company, engineer, or surveyor that the above list is complete and accurate. The Tax Assessor's Office will not prepare or certify the property owner list (see certification form attached). 4. On a copy of your assessors parcel map show all the parcels within the noticing radius. On the map, print the names of all property owners within the noticing radius as they are listed on the gummed labels. PROPERTY OWNERS CERTIFICATION I, 1 _, certify that on _ (Print Name) (Month -day -year) Documcntl 03y69 D 11 EXHIBIT A Page9 the attached property owners list was prepared by Pursuant to application requirements furnished by the City of Temecula Planning Department. Said list is a complete and true compilation of owner of the subject property and all other property owners within 600 feet (or the 30 nearest individual property owners, whichever creates the greatest number of public notices (persons owning multiple properties shall only be counted once) of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erroneous information may result in processing delays or be grounds for rejection or denial of the application. NAME: TITLE/REGISTRATION ADDRESS: PHONE: (Daytime phone no.) SIGNATURE: DATE: CASE NO.: Document) D12 EXHIBIT A Page10 1080 ! D13 WATER QUALITY MANAGEMENT PLAN (WQMP) INITIAL CHECKLIST Applicant Name: Planning Application Number: Project Name: Does the proposed project incorporate any of the following categories? Yes No (All questions must be answered) Modifications to Existing Developments — This category includes projects that create, add, or replace 5,000 sq. ft. or more of impervious surface on an already developed site. This category includes: (a) Expansion of a building footprint, or addition or replacement of a structure; (b) Increase in the gross floor area, or major exterior construction or remodeling; 1 (c) Replacement of impervious surfaces that are not part of routine maintenance activities; (d) Land disturbing activities related to a structure or impervious surface. Note: If modifications create less than 50% ofthe impervious surface ofa previously existing development, and the existing development was not originally subject to WQNT requirements, a WQNT shall be required only to the addition, and not to the entire development. 2 Residential Development - This category includes subdivisions of single-family homes, multi -family homes, condominiums, and apartments consisting of 10 or more dwelling units. 3 Non -Residential Development - This category includes projects that create more than 100,000 sq. ft. ofimpervious surface. 4 Automotive Maintenance and Repair Shops - This category includes facilities engaged in general maintenance and mechanical repairs; body and upholstery repair; painting; transmission and exhaust repair; tire servicing; glass repair. Restaurants - This category includes all eating and drinking establishments that create more than 5,000 sq. ft. of 5a impervious surface. Restaurants creating less than 5,000 sq. ft. of impervious surface are only required to follow the site design and 5b source control requirements of the WQMP. Hillside Development — This category includes any developments that create more than 5,000 sq. ft. of impervious 6 surface, are located in an area with known erosive soil conditions, and where the project will require grading natural slopes of25% 4:1 or steeper. Environmentally Sensitive Areas (ESAs) — This category includes all development located within or directly adjacent to or discharging directly to an ESA which either creates 2,500 sq. ft. of impervious surface or increases the area of imperviousness by 10% or more of its naturally occurring condition. 7 Note: 'Directly adjacent" means within 200 feet of the ESA. 'Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or modification, and not commingled with flows from adjacent lands. Parking Lots - This category includes projects that create 5,000 sq. ft, or more of impervious surface for temporary 8 parking or storage of motor vehicles. This category includes parking areas associated with any of the developments outlined above. Routine maintenance, including removal and replacement, is exempt. Streets, Roads, Highways & Freeways — This category includes projects that create 5,000 sq. ft. or more of 9 impervious surface for transportation of motor vehicles. Routine maintenance, including removal and replacement, is exempt. 10 Retail Gasoline Outlets — This category applies if either ofthe following criteria is met: (a) 5,000 sq. ft. or more of If you answered "YES" to anv of the questions above. a nroiect-snecific Water nuality Manavement Plan must he nrenared and submitted. bocumentl D13 EXHIBIT A Page11 D14 FOR p'-POSSIT nF„ v n-11•; �� u `3 1 C111 �! . Imo_-_F r 1 U,JLV, 30 `�lieck J01 P, '✓ 1 RECEIPT NUMBER: R0130187 OWNER: MEARDON MAUREEN L PERMIT NO: PAO7-0314 TYPE: Planningl 10607 SITE ADDRESS: 28645 OLD TOWN FRONT ST TEME PARCEL: 922-036-011 LOCATION: TRANSACTION DATE: 11/07/2007 TOTAL PAYMENT: 3,078.00 TOTAL PAID FROM TRUST: .00 TOTAL PAID FROM CURRENCY: 3,078.00 BALANCE: $0.00 TRANSACTION LIST: Type Method Description Amount --------------------------------------------------------- Payment Check 1029 3,078.00 PUMA CRAIG TOTAL: 3,078.00 ACCOUNT ITEM LIST: Item# Description Account Code Current Pmts 14116 PLNG-CONDITIONAL USE PER RI 001.161.4116 2,766.00 26116 POLICE-COND USE PERMIT RI 001.170.4116 75.00 30116 FIRE -CONDITIONAL USE PMT RI 001.171.4116 237.00 TOTAL: 3,078.00 RECEIPT ISSUED BY: STILESL INITIALS: LS ENTERED DATE: 11/07/2007 TIME: 01:29 PM 0372 EXHIBIT A Page12 T- 4 0 • D15 Citv of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application upgrade an existing authorizing the sale restaurant Dear Mr. Puma: No. PA07-0314, a Minor Conditional Use Permit to Type-41 ABC license to a Type-47 ABC license of beer, wine and distilled spirits at an existing On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte(a-)cityoftemecula.org. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1P1anning\2007\PA07-0314 The Bank Upgrade to TypeO$7r3UPIPIanninglAPPROVAL LTR.doc D 15 EXHIBIT A Page13 0 0 D16 DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA. APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0374 D 16 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 1 EXHIBIT A Page14 • 0 D17 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. 0375 D 17 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 EXHIBIT A Page15 • 0 D18 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions, That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0376 D 18 GAPlanning\2007\PA07-0314 The Dank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 EXHIBIT A Page16 • 0 D19 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008. A,jW-ter u Xe-- Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. Kathy SimplTfis, Sectary" 0377 D 19 O:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 EXHIBIT A Page17 0 D20 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. o' S/GNAT E DATE 0378 D20 GAPlanning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\FINAL COA-CUP.doc 2 EXHIBIT A Page18 01 D21 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicantideveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. 0379 GAP1ann1ng=07tPA07-0314 The Bank Upgrade to Type 47 Minor CUMPIanning\FINAL COA-CUP.doc 3 D21 EXHIBIT A Page19 • • D22 GENERAL REQUIREMENTS 0380 D22 GAPlanning1200nPA07-0314 The Bank Upgrade to Type 47 Minor CUNPlanningWINAL COA-CUP.doc 4 EXHIBIT A Page20 D23 Planning Department 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 0381 D23 GAPIanning000NIA07-0314 The Bank Upgrade to Type 47 Minor CUPWIanninglFINAI COA-CUP.doc 5 EXHIBIT A Page21 • • D24 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Heering on 1/3/08). 12. An 8. " x 11" (or larger) sign listing local transportation service providers and corresponding teleph V numbers shall be posted at a conspicuous location within the building. Ini atl n to assist in the compilation of this sign may be obtained through the Temecula Valley Ch ber of Commerce (telephone number 951-676-5090). , 13. Re hour of operation shall be as follows: Mond rsday 11 a.m. to 10 p.m., Friday 11 a.m. to aturday 8 a.m. to 11 unday 8 a.m. to 10 p.m. On holidays 'Qa the facility sha close . ' e sale of alcoholic beverages shall cease at 10 �q, l p.m. Monday- ay and Sun he sale of alcohol shall cease at 11 p.m. on ��,ws�' Friday Satu days. (As amended at ring on 113/08). 14. A separate building rmit shall be obtained prior to the commencement of construction, tenant improvement other interior or exterior improvements requiring building permits. 15. All of the foregoing condifrpns shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety condition will be addressed when building plans are reviewed by the Fire Prevention Bureau. The conditions will be based on occupancy, use, the California Building Code (CBC), Calif& {{e�ta Fire Code (CFC), and related codes which are in force at the time of building plan submitlgl. 17. During remodeling and/or addition constructkn ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up t. their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirement of the Fire Code permit process and update any changes in the items and quantities app ved as part of their Fire Code permit. These changes shall be submitted to the Fire Preven ' n Bureau for review and approval per the Fire Code and is subject to inspection (CFC 10 19. Prior to issuance of building permit, any changes affectin the fire sprinkler system shall require a permit for the fire sprinkler system. Plans sh II be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plan must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fie alarm system shall require a permit for the fire alarm system. Plans shall be submitted the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitt d by the installing contractor to the Fire Prevention Bureau. If any cooking appliances haV9 been added and the hood extinguishing system is not tied into the fire alarm system; it will a required to do so. 0382 D24 GAP1anningl2007%PA07-0314 The Bank Upgrade to Type 47 MInor CUMPIanninglFINAL COA-CUP.doc 6 EXHIBIT A Page22 L-1 0 D25 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and 0383 D25 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\Planning\FINAL COA-CUP.doc 6 EXHIBIT A Page23 11 0 D26 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m, Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises, The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport A valid government issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 0384 D26 GAPIann1ng120071PA07.0314 The Bank Upgrade to Type 47 Minor CURPIanning\FINAL COA-CUP,doc 7 EXHIBIT A Page24 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.E PC if conduct is "obsce0 e%, intercourse, sodomy, masturbation, etc.) GAPlanningk2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP1PlanningkFlNAL COA-CUP.doc D27 8 EXHIBIT A Page25 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. 0386 D28 GAPlanning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanning%FINAI COA-CUP.doc 9 EXHIBIT A Page26 0 D29 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA DIRECTOR'S HEARING JANUARY 3, 2008 A regular meeting of the City of Temecula Director's Hearing was called to order on Thursday, January 3, 2008 at 1:30 p.m. in the Main Conference Room, located at 43200 Business Park Drive, Temecula, California. Director of Planning Debbie Ubnoske presiding. Also present were Assistant Planner Katie Lecomte, Principal Planner Patrick Richardson and Minute Clerk Kathy Simpkins. Item No. 1: Planning Application No. PA07-0314 a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license which authorizes the sale of beer, wine and distilled spirits. Director of Planning convened the meeting and opened the public hearing at 1:30 p.m. Assistant Planner Katie Lecomte presented an overview of the project and staff recommendations. Applicant is requesting to upgrade Alcohol license from a Type 41 to Type 47 which would include the sale of distilled spirits. According to Supplemental Developmental Standards this project is not located within 500 feet of any religious institution, school or public park. Staff has consulted with Temecula Police Department and they have provided Conditions of Approval and on December 12, 2007 applicant met with Police Department Alcohol Review Board. Applicant is proposing to construct a bar, and the project has been conditioned to require a separate building permit prior to commencement of construction of the bar. Project has been deemed categorically exempt from further environmental review per CEQA section 15301 class 1. Staff is recommending approval of this project. Applicant Michael Brewer, 41743 Enterprise Circle N., Temecula, requested clarification on condition # 13 regarding hours of operation. Applicant would like to extend hours for special events and holidays. Condition # 13 was amended to read: "Regular hours of operation shall be as follows: Monday -Thursday 11a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays the facility shall close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays". Applicant also requested clarification on condition # 11 regarding the certification of employees. Condition # 11 was amended to read: "Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. No other persons were in attendance to speak in opposition or support of the project. Planning Director Ubnoske closed the public hearing and approved Planning Application No. PA07-0314 subject to the Conditions of Approval. R:\Directors Hearing\MINUTES\2008\I-03-08 minutes.docl 0387 D29 EXHIBIT A Page27 w t D30 There being no further business, the hearing was adjourned at 1:40p.m. 71, e /--l-�d Z-e � Debbie Ubnoske RADirectors Hearing\MiNUTES\2008\1-03-08 minutes.doc2 0388 D30 . EXHIBIT A Page28 EXHIBIT B D31 EXHIBIT B Pagel 0 PROJECT CLASSIFICATION PA#_ , _ ^_ DEW PRJ# LDC# Project Title: I 0 C ity of Temecufiz 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589-9033 (951) 694-6400 FAX (951) 694-6477 MINOR MODIFICATION APPLICATION (Development Plans & Conditional Use Permits) PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) a Project Description/Use: `4-4--s —iA{.cPW-7 LAW, Assessor's Parcel No(s): Legal Description (Tract, lot no.): Street Address (es General Location: Total Building Square Footage: Zoning: Gross Acreage: Related Cases: Documentl ADDITIONAL PROJECT INFORMATION In OZ.6 7f WAIN General Plan: CC" Qmlrml � -� ry —T7,. . N1 h'e er1S-e, 2 0390 D32 EXHIBIT B Page2 0 0 D33 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE CONTACT aoM'Ov p q LAST FIRST ' / MI. PHONE NO. Q 1s I - 5 0 4' `�y 4?4 FAX NO. L - ~ b�4 `L- ADDRESS a��o4S OLD —TWr� `--Te& c" a-590 STREET CITY STATE ZIP E-MAIL 4=Q.PU020, CO►n PROPERTY OWNER PHONE NO. o?n " 59 O - L415 STREET CITY E-MAIL WD(JI?yoceesS w'g,-� MI. FAX NO. aSa _. I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for_procesg g. Applicant's Signature Date: / 0 - el - 00 I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: �aal-�� o(i Date: jb • - �j—O� Print Name: t W ee- FA L c-47-A- Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. Documentl 091 D33 EXHIBIT B Page3 IF 1 L.J 0 D34 MINOR MODIFICATION APPLICATION SUBMITTAL REQUIREMENTS . Submittal Requirements (Consult Planning Department for requirements for'your specific application) No. of copies Completed and Signed Development Application and Filing Fee 1 Site Plan (Described in Section A) 20 Floor Plan/Roof Plan (Described in Section B) 5 Proposed Building Elevations (Described in Section C1) 5 Conceptual Landscape Plan (Described in Section D) 5 Conceptual Grading Plan (Described in Section E) 5 Proposed Building Color Elevations (Described in Section C2) 1 Material Sample Board (Described in Section F) 1 8 1/2" X 11" Color Photos (Described in Section G) 1 Statement of Operations (Described in Section H) 1 Completed and signed WQMP Initial Checklist (Described in 2 Section 1) Project -Specific Water Quality Management Plan (Consult with 2 Public Works to determine if this item is required) Hazardous Waste Site Information Form 1 (Described in Section J) Preliminary Soils and Geotechnical Report (Consult with Public 2 Works to determine if this item is required) Chemical Classification / Quantification Packet (See Fire 1 Department for package) Preliminary title report with all referenced supporting documents 2 Traffic Study/Analysis (Consult with Public Works) 1 Drainage Study/Analysis (Consult with Public Works) 1 Document) 0:392 D34 EXHIBIT B Page4 D35 PLAN PREPARATION AND GUIDELINES All plans shall be drawn on uniform sheets no less than 24" X 36" (or as approved by the Community Development Department). Each complete set consisting of the site plan, floor planlroof plan, proposed structure elevations, conceptual landscape plan, photometric plan, and conceptual grading plan should be stapled together and folded into 1/8 sections with a folded size not to exceed 8 1/2" X.11". All plans shall be clear, legible and accurately scaled. The site' plan, landscape plan and grading plan should all be at the same scale and shall be consistent with each other. On large scale drawings, 1 "=20', or larger, it will generally be desirable to include the conceptual grading of the site on the site plan in lieu of a separate drawing (see Section B). For larger, more complicated sites drawn at a smaller scale (i.e., 1 "=40'), a separate conceptual grading plan should be submitted. SECTION A. SITE PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: Name, address, and phone and fax number of applicant, owner, architect and/or engineer. Graphic scale (with bar scale) and north arrow Vicinity map Date Site Plan prepared LiaLa iauic 1111auGu m uie wnuwm uruci: o Assessors Parcel Number o Street Address (if available) o Legal description of the property. (i.e. o Zoning designation o General Plan designation o Existing land use/proposed land use o Total Gross Area: o Total Net Area: o Total Building Area: o Lot coverage: o Building area o Parking area Tract / Parcel Map and Lot(s)/parcel(s) acres acres FAR Percentage Spaces Provided spaces spaces spaces o Floor Area Ratio o Occupancy classification (per Uniform Building Code) o Type of construction (per Uniform Building Code) o Indicate if building has fire sprinklers and/or alarm o Number of stories o Height of building (as measured from the pre-existing grade, finished grade or floor protection elevation, which ever is lowest to highest point on roof) square feet square feet square feet Square Feet s.f. s.f. o Landscaping area S.T. o Parking: Spaces Required o Ratio/square foot of use(s) spaces o Number of disabled spaces spaces o Total Parking spaces ❑ Existing property lines in bold and label all dimensions (metes and bounds) ❑ Location and dimensions of all existing and proposed easements (with record reference) o Proposed lot lines and dimensions, if applicable ❑ Delineate and label the minimum setbacks from all property lines ❑ Location and dimension of all existing and proposed structures, including building setbacks o Location and dimension of all landscaping and pedestrian walkways (shaded) ❑ Location and typical dimension of drive aisles, loading zones and parking stalls ❑ Location of existing and proposed onsite fuel tanks ❑ Location and dimension of all trash enclosure(s) Document I 0393 D35 EXHIBIT B Page5 Aah D36 ❑ Location of monument sign(s) (existing and proposed) Ll All proposed public improvements, including cross sections ❑ Location of existing or proposed fire hydrants within 500 feet of project site ❑ Location of existing or proposed Fire Department connections (within 50 feet of a public hydrant and 40 feet away from the building • Location of existing or proposed Post Indicator Valve ❑ Label interior and exterior turning radius dimensions at entries and drive aisles for emergency vehicle access (minimum interior — 37 feet; exterior — 56 feet; wheel cuts — 50 feet) ❑ Location and dimension of all walls and fences ❑ Location of all structures, driveways, parking areas, trees and adjoining property lines within 50 feet of the perimeter of the subject property ❑ Zoning and existing land use of adjacent parcels ❑ Phasing of the project (if proposed) ❑ Americans with Disabilities Act (ADA) path of travel (horizontal path of travel only) ❑ Location, type and height of all existing and proposed street, parking and pedestrian lights (Indicate any to be relocated) SECTION.B.' FLOOR PLAN/ROOF PLAN CONTENTS Scale: The scale used on the floor and roof plans shall be no less than 114" per foot. Large projects shall be no less than 118" per foot with 114" per foot details). The floor and roof plans shall illustrate all proposed (and existing, if applicable) buildings and structures. The following information shall be included on the floor plans: ❑ Proposed use for each room (if available) ❑ Proposed square footage for each room ❑ Restrooms ❑ Exits ❑ Doors ❑ Hallways ❑ Corridors ❑ Elevators ❑ Patio ❑ Fire sprinkler riser room (with direct exterior access) ❑ Fire alarm control panel ❑ Location of Knox Box ❑ Location of Fire Department connection (if wall mounted) The following information shall be included on the roof plan: o All roof pitches and direction of fall ❑ Location and detail of all mechanical equipment ❑ Spot elevations or other cross -sections necessary to verify that all mechanical equipment is fully screened SECTION C1. BUILDING ELEVATION(S) CONTENT Scale: No less than 1/4" (large projects no less than 1/8" with 1/4" details). Illustrative building elevations showing all sides of proposed (and existing, if applicable) buildings and accessory structures, (trash enclosures, walls, carports, etc.). Include cross -sections) of building(s) with proposed grades. The following information shall be included on the elevation plans: ❑ Name, address and phone number, of the applicant, architect and/or engineer ❑ Location of building address and wall mounted signs for all sides of the building(s) ❑ Shading, as applicable, to give the elevations some graphic dimension ❑ Location of walls and fences ❑ Roof top mechanical equipment screens o A schedule for colors and materials (which corresponds to the color and material board) and specific location of their use ❑ Height of buildings with dimensions Documentl 6 0394 D36 EXHIBIT B Page6 i 0 D37 SECTION C2. BUILDING COLOR ELEVATION(S) CONTENT Scale: No less than 1/4" (large projects no less than 1/8" with 1/4" details). Illustrative building elevations showing all sides of proposed (and existing, if applicable) buildings and accessory structures (trash enclosures, walls, carports, etc.). Include cross -sections) of building(s) with proposed grades. Colors used on the color elevations shall match those used on the material sample board (See Section F) to the greatest extent possible in order to give the most accurate representation. Colored elevations are to be void of landscaping to clearly demonstrate the aesthetic impact the building(s) will create. In addition to colored elevations, colored renderings may be submitted with landscaping, however, the landscaping must conform with the planting materials indicated on the landscape plan. SECTION D. LANDSCAPE PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. The following information shall be included on the plan: ❑ Name, address, and phone number of applicant, architect, engineer and/or landscape architect o Scale and north arrow. ❑ Location of all proposed buildings, paved surfaces, walls/fences and sidewalks. o Roof outlines including eave overhang ❑ Location, size and identification of all existing and proposed plant material, trees, shrubs and groundcover. Note on plans whether existing landscape is to be removed. ❑ A planting legend that identifies plant varieties (botanical and common names), sizes, quantities, and spacing ❑ Location and elevation of mounding, if proposed ❑ Graphically indicate all slopes, which equal or exceed 3:1 ❑ Graphically indicate all vehicle sight lines ❑ Generally describe type of irrigation system to be implemented SECTION E. CONCEPTUAL GRADING PLAN CONTENT Scale: Engineering scale not to exceed 1 "=40'. On large scale drawings, 1"=20% or larger it will generally be desirable to include the conceptual grading of the site on the site plan in lieu of a separate drawing. For larger, more complicated sites drawn at a smaller scale (i.e., 1"=40'), a separate conceptual grading plan should be submitted. A Registered Civil Engineer shall prepare grading plans The following information shall be included on the plan: ❑ Title Block o Name, address, and phone and fax number, of applicant, owner and engineer ❑ Legend, north arrow, bar and graphic scale, vicinity map ❑ Data Table o Assessor's Parcel Number(s) o Project Name o Legal description (i.e. Tract/Parcel Map and lot(s)/parcel (s)) o Approximate earthwork quantities (CY) o Date and Source of Topography (should be current) ❑ Metes and bounds (i.e. bearing and distance) ❑ Location and dimensions of all existing and proposed easements ❑ Existing topography, proposed grades, and natural features to 50 feet from the perimeter of the subject property at minimum 2-foot contour intervals ❑ All slopes greater than 2:1 must be clearly labeled ❑ Limits of FEMA floodplains and floodways (if applicable) Documentl 7 0395 D37 EXHIBIT B Page7 0 0 i ❑ Delineation of special hazard zones (i.e., earthquake faults and liquefaction zones) ❑ Proposed grading; structures, curbs, retaining and /or sound walls (top and footing elevations), gutters, pavement, walks, swales, mounding, slopes, open space, trails, etc.) per the appropriate City standard ❑ Pad and finished floor elevations ❑ Location and dimension of all proposed public improvements, including cross sections ❑ Locations of existing public and proposed utilities (including sewer and water) ❑ Cross -sections at all property lines ❑ Driveway, street slopes and surfaces in plan view and cross section ❑ Drainage and flood control facilities; size and type o Americans with Disabilities Act (ADA) path of travel SECTION F. MATERIAL SAMPLE BOARD Size: No less than 24"x36". An 8'/i'x11" photo shall be provided for the file. The material sample board is intended to provide a fair representation of the major exterior materials to be used on the project together with colors and stains. Therefore, no photographs of the materials will be accepted on the material sample boards. The color and material board shall be used in conjunction with the schedule on the elevations in order to determine the specific location and use of colors and materials. The board should be of rigid material (cardboard or foam board, not wood) and shall show the following: ❑ Sample of all roofing materials ❑ Sample of all siding materials ❑ Sample of window glazing materials ❑ Sample of all window frames ❑ Sample of all canvas awning materials ❑ Samples of all paint colors to be used on the buildings applied to the surface of actual exterior building material samples ❑ Manufacturers name and identification numbers of paint colors that correspond to the proposed materials ❑ Exterior light fixture details ❑ Sample of decorative paving treatments — color, finish, pattern SECTION G. 8 1/2" X 11" COLOR PHOTOS 8 1/2" X 11" color photos from interior of site looking north, south, east, and west with direction attached to each photo. SECTION H. STATEMENT OF OPERATIONS Provide a written statement outlining your request for a Development Plan. Your response must give a detailed description of the proposed use and shall include, but is not be limited to: ❑ Hours and days of operation ❑ Number of employees ❑ Number of required parking ❑ Average daily peak trips generated ❑ Type of equipment or processes used ❑ Description of hazardous materials (existing and new) ❑ Other descriptions that effectively describe the proposed use SECTION I. WQMP INITIAL CHECKLIST Documend S 0396 EXHIBIT B Page8 0 D39 A signed Water Quality Management Plan Initial Checklist must be completed and submitted with the application materials. The WQMP Initial Checklist has been provided and is available online at www.cityoftemecula.org. If "yes" can be answered to any of the criteria outlined in the checklist, a WQMP is required for the project. If a WQMP is required, it will have to be submitted with the application materials at the time of submittal. A sample WQMP is available online at www.citvoftemecula.org. ❑ WQMP Initial Checklist ❑ WQMP (if required) SECTION J. HAZARDOUS WASTE SITE INFORMATION FORM Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for Documend 9 0397 D39 EXHIBIT B Page9 0 0 D40 any development project to consult specified state -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. PART A TO DETERMINE IF YOUR PROJECT IS WITHIN THE ONE -MILE RADIUS OF A HAZARDOUS WASTE SITE refer to the following list of State identified Hazardous Waste Sites. Identify the listed site by placing a check in the box provided and sign and date this form. Is the project within a one -mile radius of an identified hazardous waste site? Yes No REGIONAL WATER QUALITY CONTROL BOARD HAZARDOUS WASTE SITES ❑ Rancho Calif. Water District, 28061 Diaz Road, Temecula, CA 92590 ❑ Borg Warner Mechanical Seal, 27941 Front Street, Temecula, CA 92590 ❑ Chevron Service Station, 28900 Rancho California Road, Temecula, CA 92590 ❑ Plant Equipment, Inc., 28075 Diaz Road, Temecula, CA 92590 ❑ Mobil, 28111 Front Street, Temecula, CA 92590 ❑ Penfold Properties, 28545 Front Street, Temecula,, CA 92590 ❑ C.L. Pharris Ready Mix Plant, 29065 Front Street, Temecula, CA 92590 ❑ Temecula Fuel Center, 44987 Front Street, Temecula CA 92590 ❑ Arco, 27641 Ynez Road, Temecula, CA 92590 PART B TO DETERMINE IF YOUR PROJECT IS WITHIN A ONE -MILE RADIUS OF A PUBLIC WELL SITE, which could potentially be affected by a hazardous waste generator, refer to the following list of State identified Public Well Sites. Identify the listed site by placing a check in the box provided and sign and date this form on the last page. Is the project within a one -mile radius of an identified public well? Yes No DHS3 PUBLIC WELL SITES SERVING MORE THAN 200 CONNECTIONS o Rancho Cal WD (#102), SW 1/4, SE 1/4, Sec. 2, T8S, R3W ❑ Rancho Cal WD (#114, 113), SE 1/4, NE 1/4, Sec. 25, T7S, R2W I (we) certify that I (we) have investigated and completed this hazardous waste site form, and that my (our) answers are true and correct to the best of my (our) knowledge. Owner/Representative Date Document] 10 0398 D40 EXHIBIT B Page10 1 IL -A a 1989 WATER QUALITY MANAGEMENT PLAN (WQMP) INITIAL�CI ECKLIST77 Applicant Name: t .1 ' 1� Planning Applica Project Name:_ um Does the proposed project incorporate any of the following categories? Yes No (All questions must be answered) Modifications to Existing Developments —This category includes projects that create, add, or replace 5,000 sq. ft. or more of impervious surface on an already developed site. This category includes: (a) Expansion of a building footprint, or addition or replacement of a structure; (b) Increase in the gross floor area, or major exterior construction or remodeling; 1 (c) Replacement of impervious surfaces that are not part of routine maintenance activities; (d) Land disturbing activities related to a structure or impervious surface. Note: If modifications create less than 50%of the impervious surface of previously existing development, and the existing development was not originally subject to WQMP requirements, a WQMP shall be required only to the addition and not to the entire development. 2 Residential Development - This category includes subdivisions of single-family homes, multi -family homes, condominiums, and apartments consisting of 10 or more dwelling units. 3 Non -Residential Development - This category includes projects that create more than 100,000 sq. ft. of impervious surface. 4 Automotive Maintenance and Repair Shops -This category includes facilities engaged in general maintenance and mechanical repairs; body and upholstery repair; painting; transmission and exhaust repair; tire servicing; glass repair. Restaurants - This category includes all eating and drinking establishments that create more than 5,000 sq. ft. of 5a impervious surface. Restaurants creating less than 5,000 sq. ft. of impervious surface are only required to follow the site design and 5b source control requirements of the WQMP. Hillside Development - This category includes any developments that create more than 5,000 sq. ft. of impervious 6 surface, are located in an area with known erosive soil conditions, and where the project will require grading natural slopes of 25% 4:1 or steeper. Environmentally Sensitive Areas (ESAs) — This category includes all development located within or directly adjacent to or discharging directly to an ESA which either creates 2,500 sq. fl. of impervious surface or increases the area of imperviousness by 10% or more of its naturally occurring condition. 7 Note: "Directly adjacent" means within 200 feet of the ESA. "Discharging directly to" means outflow from a drainage conveyance system that is composed entirely of flows from the subject development or modification, and not commingled with flows from adjacent lands. Parking Lots —This category includes projects that create 5,000 sq. ft. or more of impervious surface for temporary 8 parking or storage of motor vehicles. This category includes parking areas associated with any of the developments outlined above. Routine'maintenance, including removal and replacement, is exempt. Streets, Roads, Highways & Freeways — This category includes projects that create 5,000 sq. ft. or more of 9 impervious surface for transportation of motor vehicles. Routine maintenance, including removal and replacement, is exempt. t Retail Gasoline Outlets — This category applies if either of the following criteria is met: (a) 5,000 sq. ft. or more of If you answered "YES" to any of the questions above, a project -specific Water Quality Management Plan roust be prepared and submitted. Document I 11 0399 D41 EXHIBIT B Page11 LA D42 WATER QUALITY MANAGEMENT PLAN CHECKLIST Applicant Name: ..,1 Planning Application Number: Project Name: Comments By Reviewer: Reviewed By: Date Reviewed: Applicant Signature: The Riverside County Water Quality Management Plan guideline and template can be downloaded Document] 12 0400 D42 EXHIBIT B Page12 0- D43 Ci Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.0, Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010.J 1: The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the `thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent v(l4WDevelopment Code and Old Town Specific G:IPLANNING120081PA08-0236 Bank of Mexico Minor MOD\PIanning�APPROVAL LETTER ADMINISTRATIVE.doc EXHIBIT B Pagel 0 D44 determined that the project is consistent with the Development Code and Old Town Specific _ Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie.lecomte6a�cityoftemecula.org. Sincerely, Katie Innes Assistant Planner KI/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 G:\PLANNING\20081PA08-0236 Bank of Mexn Min0oor?0D\Planning\APPROVAL LETTER ADMINISTRATIVE.docD44 —co EXHIBIT B Page14 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED': G DROVE: PERMITS PLIES: INITIALS: PLANTER: 0403 D45 EXHIBIT B Page1*5 A-i D46 ACCEPTANCE OF COMMONS OF APPROVAL 1, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE DATE 0404 D46 EXHIBIT B Page16 D47 EXHIBIT A CITY OF TEMECULA FINAL CONDITION6 OF APPROVAL Pianning Application No.: �PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional,•Use Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period .the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). .PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning •Department.• General Requirements PL-3, • The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the . City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages . resulting., directly or indirectly, from any action in furtherance of and the approval of the 0405 D4.7 EXHIBIT B Page17 D48 City, or any agency or instrumentality thereof, advisory agency, .appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application,. The City shall be deemed for purposes of this .condition, to include any agency or instrumentality -thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal 'counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless. superseded by these Conditions of Approval. PL-5. This Conditional Use Permit may_ be revoked pursuant to Section 17.03,080 of the City's Development Code. PL-6. The City, 'and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval)- based on changed circumstances. Changed circumstances. include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, andthe expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in'addition to, and not in - lieu of, the right of the City,' its Planning Director, Planning Commission, and City Council to review and revoke or. modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7. The permittee shall obtain City approval for any .modifications or revisions to the approval of this.. Conditional Use Permit. PL-8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. PL=9. This approval shall be used within two years of the approval date; .otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10. If commencement of the use. has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply -for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. PL-11. Prior to. an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from.an.y other program certified by 0406 . 'D48 EXHIBIT B Page18 AOL D49 the California Department of Alcoholic Beverage Control. (As amended at.Director's Hearing on 1/3/08). PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090). PL-13. Regular hours of operation shall be as follows: Monday -Thursday 1Ia. m. to 10 p..m.,. Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a:m. to 10 p.m. PL-14. In the case that the restaurant manager would like to stay open past the regular hours , of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic.beverages may be served until 2:00 a..m. as consistent with the provisions of California State Law. PL-15. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law. PL-16. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. PL-17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community ,Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. .0407. M. EXHIBIT B Page19 D50 EXHIBIT C 0408 D50 EXHIBIT C Pagel PROJECT CLASSIFICATION PA# ! -©CH I DEV# PRJ# LDC# City of Temecu& 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHONE: (951) 694-6400 FAX: (951) 694-6477 www.cityoftemecula.org xn Pq 1a -C(�q / ca,6&1rl — PERMIT APPLICATION PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Application Type (Check One): ❑ Major CUP ❑ Minor CUP ❑ Minor TUP Date Qm5p1 RECEIVE Fcg 2 `. 2012 &'n/�kf C fi L ❑ Special Event Project Title: i "ut-1,i c-. A i ®r- K) �XJ &i& Assessor's Parcel No(s): -2-0 -_�560 / ! Street Address (es): General Location: E-I? ofn�' ► C General Description of Project or Event: tAP'D l-ck tJ O F eN-le— 3� ADDITIONAL PROJECT INFORMATION Date(s) of Proposed Estimated Daily Attendance of Event (if applicable): Hours of Operation: 1 6\m I At"A Number of On -Site Parking Spaces at Project Location: NL-} Ia i� /7aO/7 - /6 p in Will food or alcohol be served? If yes, explain:�n1 t�� T1fArin R.Wplications 20111Conditional or Temporary Use Permit 2011.doc 3 CU PR 0 -7 - 0_5 EXHIBIT C Page2 J D52 From:250598W2 Page:1/1 Date: 2t27/2012 3:51:57 PM APPi_ICANT/REPRESENTATIVEIOWNER INFORMATION al'Pt.IGANT/REPREst:NTArlva= ass t L. f._. CONTACT t V LAST ks PHO?,1E NO, 95 "�aJ-I 3-1 .A[7DRE$$��i �'`�j- _ '7 �--f� W hi �P�f�_]`_._.. j� ��.!'!! l��a.�i 1 � �.�� `;I�•51c� 6-rMer C . a— - era. Tr -- — t•r. .• .. ¢ I certify that all filing requirements have been satisfied for my application. I further understand that Ott incomplete application cannot be accepted for processing, - •.-tom._._ Applicant's Slgnsturt ��'. �-.�-��----�° Date: PROREIPITYOWNER # � �I !�►�.. �_ ArLA .I••� EAST,.------ PHONI= NO. �-�1� �j j�I• f S �'' FAXNO.�`� ADORESS .,.. yr�,- Y'}P E-MAIL __ L0 Pb C P. �... LW C Qwnr CQr ff,SV9-1 Lj 1 certify under the penalty of the laws of the State of California that I am the property owner of the property that Is the subject matter of this application: and I am author&ing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result In restrictiotls, limitations and construction obligations being imposed on this real property. OwneriAuthorized Agent Signature:Date: Print Name; Written authorization from the ro legal 9 p party auvner is required, An authorized agent for the owner must attach a notarized letter� of authorization froth the legal property owner. 0410 EXHIBIT C Page3 APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVECAt i r-i� CONTACT 'F"MA , L=QAl6 LAST FUW en PHONE NO. � 5 � ` 203 - I ,-2--13 FAX NO. � 5 1 ` � � &33 4 ADDRESS2-364,5 OLD `T-owtJ �pn)T TEMeCm QA9-2-:�10__._ STREET CITY STATE ZIP E-MAIL_ C;'I?Un�IAVs� �rY1prIL CO-M _-- EA I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature — _ Date: PROPERTY OWNER LAST FIRST PHONE NO. 2-5 0 — 59 8 - 64 15' FAX NO. 250 - 57? 8 - 6 4-0 2-- --5pA o RVrc U1C-, RtA 5C V85_ CITY STATE ZIP E-MAIL WofZPFR4 S 5"A-- .> > CA Owner Certification ❑ I certify under the penalty of the laws of the State of California that I am the property owner of the property that is the subject matter of this application and i am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/Authorized Agent Signature: Print Name: Date: Written authorization from the legal property owner Is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal property owner. R:1Applicatlons 2011\Conditional or Temporary Use Permit 2011.doc 0411 D53 EXHIBIT C Page4 +r D54 Men's / Women's ADS' Restroom Bathroom Back-----------------------------------------; Door Hall to Bathrooms / ADA Access ----------------------------------------------' Door Kitcl ON lay Set-up 26" Storage Storage under Stairs Main Dining Room Front Door Door Outside 041122 D54 Hostess Stand EXHIBIT Pages D55 t 0 Men's I Women's ADA Restroom Bathroom -------------------------------------- Bac Hall to Bathrooms / ADA Access Door --------------------------------------------- Door Kitc] Storage Storage under Stairs Main Dining Room 71 Performer Set-up t I4' W Front Door Door Outside D55 Hostess Stand EXHIBIT Page6 26' -ilo 0 0 Page 1 of l D56 0414 D56 EXHIBIT C Page7 http://maps.cityoftemecula.org:8080/imf/imfMainMap jsp?cmd=zoom&x1=6287565.7784... 2/25/2012 • D57 Statement of Operations The Bank of Mexican Food Request: Provide Background Music inside the restaurant - One keyboard of other instrument played with one vocalist. - J424y evenings between the hours 10pm. - Music is for inside only and can not be heard outside. - There are a total of 38 employees but only 12-14 are on staff these evenings. - No security will be present or necessary. - Capacity of the inside is 73. - Food and Alcohol will be available. All areas are properly licensed for alcohol sales and consumption. - No structures will be added. - No additional restrooms will be added or necessary. - All ADA requirements are in place at this location. - Space will be provided for performance by moving 1 table. 0415 D57 EXHIBIT C Page8 City of Temecula D58 Planning Department Project Transmittal Please, review the following and return this transmittal form with written comments to; P.O. Box 9033 Temecula CA 92589-9033**Tel (951) 694-6400**Fax (951) 694-6477 1st Submittal 2nd Submittal Due Date: 03/19/2012 Pre-DRC Meeting: Comments Requested Conditions of Approval Requested Project Information: Project Number PA12-0041 Project Type ADP Project Name THE BANK OF MEXICAN FOOD Applicant PUMA CRAIG 3rd Submittal 4th Submittal Project Description Minor Modification (Planning Review Only) for the addition of one person inside for background music daily from noon to 10 P.M. APN Project Planner Comments 922036011 STUART FISK 0416 New Project Re —submittal Ready for Conditions of Approval EXHIBIT C Page9 0 0 D59 City, of Temecula Community Development 41000 Main Street ■ Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone i951) 694-6400 ■ Fax (951) 694-6477 ■ www.cityoftemecula.org J February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or . Sincerely, Xuartk, AICP Senior Planner Enclosures: Conditions of Approval 0417 D59 «aorReryc'EXHIBIT C Page10 Pn� �VMNN1N020121PA12-0041 Bank of Mexican Food MODIPlanninglAPPROVAL LTR.doc ME EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 0418 D60 GAPLANNIN0120121PA12-0041 Bank of Mexican Food MODTIanningTINAL COA-CUP.doc 1 EXHIBIT C Pagel l L� D61 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employerfor the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The safe of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall ce s n later than one hour after closing. (As amended at Directors Hearing on, GAF`LANN1NG120921PA12-0041 Bank of Mexican Food MOMPIanninglFINAL COA-CUP.doc 2 EXHIBIT C Page12 0 0 D62 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 1 & During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the fire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website atwww.cityoftemecula.org, under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. 0420 GAPLANNING12d121PA12-0041 Bank of Mexican Food MODTIanningTINAL COA-CUP.doc 3 EXHIBIT C Page13 0 i D63 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Norval mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reservelreti red/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth Physical description d. Photograph e. Currently valid (not expired) 27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 0421 D63 G:IPLANNING120121PA12-0041 Bank of Mexican Food MOMPIanningTINAL COA-CUP.doc 4 EXHIBIT C Page14 9 11 M 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit. any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. 0422 WPLANNING120121PA12-0041 Bank of Mexican Food MOOTIanningTINAL COA-CUP.doe 5 EXHIBIT C Page15 D65 EXHIBIT D 0423 D65 EXHIBIT D Pagel M9 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL — RETURN RECEIPT REQUESTED April 13, 2022 CNC Puma Corporation Brad Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 VMr. Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Ms. Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma and Ms. Moore: This letter will serve as notification to you pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revolted. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions") which are attached. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m- to 10 p-m_, Friday 1 1 a-m_ to 1 1 p.m., Saturday 8 a-m. to 0424 D66 EXHIBIT D Page2 D67 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 2 I 1 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at I I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation. (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) 0425 D67 EXHIBIT D Page3 mi CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 3 • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May S, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $25.0.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August 6, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0426 D68 EXHIBIT D Page4 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 51,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) 0427 D69 EXHIBIT D Page5 D70 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 5 • November 6, 2021 $1,000 Civil Penalty (Paid) • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) • November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) 0428 D70 EXHIBIT D Page6 D71 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 6 • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations. Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • ApriI 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) 0429 D71 EXHIBIT D Page7 D72 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 7 • May 21, 2021 5250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff s Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c_ That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; 0430 D72 EXHIBIT D Page8 D73 CNC Puma Corporation, Mr. Puma and Ms. Moore April 13, 2022 Page 8 d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.095. Luke Watson Deputy City Manager cc: Zip Third Investments, LLC, Attn. Norman S. Solomon, Property Owner, 28645 Old Town Front Street, Temecula CA 92590 Ra.ndi Johl, City Clerk 0431 D73 EXHIBIT D Page9 D74 ORDINANCE NO.2022-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 9 AND 17 OF THE TEMECULA MUNICIPAL CODE TO INCLUDE ENTERTAINMENT LICENSES, FURTHER CLARIFY THE DEFINITIONS OF RESTAURANTS, ENTERTAINMENT, TAVERNS AND BARS, AND PROVIDE REGULATIONS FOR PRIVATE SECURITY OPERATORS, AND ESTABLISHING NOISE STANDARDS FOR MIXED -USE DEVELOPMENTS WITH A RESIDENTIAL COMPONENT, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to revise portions of Title 9 (Public Peace, Morals, and Welfare) and Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to address changes in State law related to Responsible Beverage Sales Training, as well as provide further refinement of the existing code to incorporate an entertainment license, revise the definitions for restaurants, entertainment, taverns and bars establishing private security guard standards, updating standards for alcohol sales, and establishing noise standards for mixed -use developments with a residential component. C. The Planning Commission considered the proposed amendments to Title 9 and 17 of the Temecula Municipal Code ("Ordinance") on February 2, 2022, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2022-04, recommending that the City Council approve the Title 9 and 17 amendments. E_ The City Council, at a regular meeting, considered the Ordinance on March 22, 2022, at a duly noticed public hearing, as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. 0432 D74 EXHIBIT D Page10 D75 F. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed use is allowed in the land use designation in which the use is Iocated, as shown on the land use map, or is described in the text of the General Plan. The proposed amendments to Title 9 and Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Entertainment uses are currently permitted upon the approval of a Conditional Use Permit and are consistent with the General Plan's commercial use descriptions. The amendments to Title 9 and Title 17 contain a revised process for businesses to have entertainment offered at their establishments. The proposed Entertainment License Ordinance directly responds to Goal 3, Policy 3.3 of the General Plan Public Safety Element. This is accomplished because the ordinance provides the City with a set of standards designed to allow for the efficient administration of entertainment establishments. More specifically, the standards will allow the City to quickly address ordinance violations thus reducing the chance of potential crimes taking place. The proposed ordinance also conforms with two Goals contained in the City of Temecula General Plan Noise Element. First the proposed ordinance directly responds to Goal 2, Policy 2.1 in that it seeks to limit the maximum permitted noise levels crossing property lines and impacting adjacent land uses. This is accomplished by ensuring proper Conditions of Approval to address noise will be incorporated with each entertainment license. Second, the ordinance is in conformance with Goal 3, Policy 3.1 since it seeks to enforce and maintain acceptable noise limit standards. The ordinance also provides staff the ability to quickly address noise violations by administratively revoking the license when necessary. B. The proposed use is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed amendments do not propose any land use that is inconsistent with the Municipal Code and Development Code for the City of Temecula. The proposed Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code in terms of referencing ley components of the City's currently adopted Noise Ordinance, which applies citywide_ The ordinance will also create two new sections within the Municipal Code (Sections 9.10 and 9.11). C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. 0433 D75 EXHIBIT D Page11 D76 The City currently permits establishments to allow entertainment through the Conditional Use Permit process. The proposed amendments to Title 9 and Title 17 will allow businesses to offer entertainment by obtaining an entertainment license. Moreover, the proposed amendments will create standards that provide further consistency with goals and policies contained within the General Plan. The proposed ordinance has been processed to ensure it will be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments provide standards for how entertainment uses are to operate and establish standards for private security operators. These regulations do not increase the intensity or density of any land use above what is currently allowed. Moreover, the noise standards for mixed -use developments established by the proposed Ordinance, are consistent with the standards set forth in the General Plan for mixed -use developments. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Chapter 9.10 (Special Licenses — Bars, Nightclubs, Dancehalls, Poolrooms, etc.) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows: "Chapter 9.10 ENTERTAINMENT LICENSE 9.10.010 Purpose and Intent. The City of Temecula encourages the development of art and cultural resources and recognizes that having a variety of entertainment establishments provides a means for such activity. The City of Temecula further recognizes that having a variety of entertainment types in the City promotes a rich and diverse cultural experience. The City of Temecula recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather. The City of Temecula also recognizes that certain entertainment establishments have demonstrated the potential for creating or maintaining an environment where various types of disturbances such as excessive noise and disorderly conduct by patrons may occur. These impacts are primarily driven by establishments that serve alcohol and offer entertainment. These negative effects are adverse to the public safety, general welfare and the quality of life of the community. The purpose of this chapter is to regulate the operation of entertainment establishments so as to minimize the negative impacts and to preserve the public safety, health and welfare. It is not the City's intent to regulate or restrict the type or content of entertainment provided in those establishments. All licensees will be responsible for controlling patron conduct at their entertainment establishment, making adequate provisions for security, crowd size, and control, and complying with state and local laws and minimizing disturbances caused by the operation of an entertainment establishment. 0434 D76 EXHIBIT D Page12 D77 1 It is also the intent of the City of Temecula to provide alternatives to the regulating of entertainment establishments by imposing Iicense conditions tailored to the particular entertainment establishment. Adult oriented businesses shall use Chapter 5.09 (Adult Business Regulations) for applicable regulations. 9.10.020 Definitions. For purposes of this chapter the following words and phrases shall have the following meanings: "ABC license" means a license to serve alcoholic beverages issued by the State of California Department of Alcoholic Beverage Control. "-Ancillary" means a business where entertainment is not the primary activity or operation of the establishment. "Dance" or "dancing" means to move with rhythmical steps or movement, usually to music or an audible rhythm; except for any dancing that is regulated under Chapter 5,,09 (Adult Regulations). "Entertainment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited (by advertisement or word of mouth) or allowed to watch, listen, or participate in, or is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing patrons, including, but not limited to: I . Dancing by patron(s) or staff to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent or contractor of the establishment. This may or may not include a "disc jockey" or "DJ." 3. The presentation of live music whether amplified or non -amplified. 4. The presentation of music videos, music concerts or other similar forms of musical entertainment from any source. 5. Any amusement or event such as live music or other live performance which is knowingly permitted by any entertainment establishment, including presentations by single or multiple performers, such as hypnotists, pantomimes, magicians, comedians, song or dance acts, plays, concerts, any type of contest, events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts, demonstrations of talent or items for gift or sale; shows, reviews, and any other such activity which may be attended by members of the public. "Entertainment establishment(s)" means any commercial business, that is open to the public and offers entertainment to patrons. Entertainment establishments are separated into three different classes, as outlined below: Entertainment Establishment Types Class I Entertainment Establishment (a businesses without alcohol) means a business offering ancillary entertainment to patrons. A Class I facility does not serve any alcoholic beverages and does not include any dancing. 0435 D77 EXHIBIT D Page13 i 1 I 1 Class II Entertainment Establishment (a business serving beer, wine, and/or distilled spirits) means a business with an ABC license that offers beer, wine, and or distilled spirits in addition to offering ancillary entertainment to patrons. A Class II facility does not include dancing. Class III Entertainment Establishment (Nightclub, Cocktail Lounge, Bar, & Dance Club/Hall, Pool Hall.) means a business with an ABC license that offers any combination of beer, wine, and/or distilled spirits in addition to offering entertainment to patrons. A Class III facility also allows for dancing. Restaurants with dancing shall be classified as a Class III facility. "Entertainment license" means a license obtained from the Chief of Police pursuant to the provisions of this chapter for the purposes of operating an entertainment establishment. "Manager" means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an entertainment establishment, including a restaurant or bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of the entertainment establishment: I . Hire or terminate employees; 2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock; 3. Disburse funds of the business, except for the receipt of regularly replaced items of stock; 4. Make or participate in making policy decisions regarding operations of the entertainment establishment; 5. Holds keys to open and/or close the establishment. "Noise" means any loud, discordant, raucous or disagreeable sound. "Noise level" means the "A" weighted sound pressure level in decibels obtained using a sound level meter. The unit of measurement should be designated in dBA. "On -sale" has the same meaning as California Business and Professions Code Section 23396, as the same may be amended from time to time. "Public premises establishment" has the same meaning as that used in California Business and Professions Code Section 23039, as the same may be amended from time to time. "Pyrotechnics" shall have the same meaning as defined by the California Fire Code, as may be amended from time to time, and currently means controlled exothermic chemical reactions timed to create the effects of heat, hot gas, sound, dispersion of aerosols, emission of visible light or a combination of such effects to achieve the maximum effect from the least volume of pyrotechnic composition. Pyrotechnics shall also mean any of the following: 0436 D78 EXHIBIT D Page14 D79 1. Pyrotechnic Article: A pyrotechnic device for use in the entertainment industry, which is not classified as fireworks. 2. Pyrotechnic Composition: A chemical mixture that produces visible light displays or sounds through a self -propagating, heat -releasing chemical reaction which is initiated by ignition. 3. Pyrotechnic Special Effect: A visible or audible effect for entertainment created through the use of pyrotechnic materials and devices. 4. Pyrotechnic Special Effect Material: A Chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration or detonation. Such a chemical mixture predominantly consists of solids capable of producing a controlled, self- sustaining and self-contained exothermic chemical reaction that results in heat, gas sound, light or a combination of these effects. The chemical reaction functions without external oxygen, "Responsible beverage service training course" means a course certified by the California Department of Alcoholic Beverage Control for on -sale management and on -sale professional services. "Responsible party" means any person who is physically at the entertainment establishment and is any of the following: I . The person who owns the entertainment establishment; 2. The person in charge of the entertainment establishment; 3. The person using the entertainment establishment under a special arrangement; 4. An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment; 5. The entertainment establishment's manager or on -site supervisor. 6. The person who books/schedules/authorizes entertainment. 1 9.10.030 Entertainment license required. All entertainment establishments shall possess an active and valid entertainment license issued by the City. 9.10.040 Exemptions. The following types of activities are exempt from the provisions of this chapter: A. Events for which a Special Event Permit, or Temporary Use Permit has been issued and is active pursuant to the Temecula Municipal Code; B. Events operated by the City of Temecula, or other governmental entities; C. Events operated by public or private schools; D. Events operated by a senior assisted care facility; E. Events operated by a religious institution or nonprofit organization; 0437 D79 EXHIBIT D Page15 M 9.10.050 Application/modification re uirements. A. Any person or business entity desiring to obtain an entertainment license or modification to an entertainment license shall submit a complete application to the Chief of Police through the Community Development Department ("Planning") and pay an application fee pursuant to the fees adopted by resolution, which may be amended from time to time. B. The application shall be in a form approved by the Chief of Police. C. The application shall be fled: 1. At least sixty (60) days prior to the proposed operation of the entertainment establishment; or 2. At least sixty (60) days prior to the expiration of an entertainment license; or 3. At any time for a modification including, but not limited to: a. adding dancing; b, adding alcohol or changing the alcohol license type; or c. changing operations to incorporate activities in a different class of entertainment. D. The application shall state the class of entertainment (Class 1, Class II, or Class IIl) that the entertainment establishment desires to provide to patrons. E. The entertainment license application shall include five (5) copies of a floor plan (or a digital copy if acceptable to the City). The floor plan shall be an accurate and dimensioned representation of the floor plan approved by the city building and fire departments as part of a formal building permit process. Any changes that have occurred to the floor plan since the Original city building and fire department approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required. The floor plan shall show all customer seating areas, performing stages or platforms, back - of -house areas, restroom facilities, and any proposed dance areas if applying for a Class III entertainment license. The floor plan shall clearly state the legal occupant load as established as part of the formal building permit process, and all exiting systems of the premises shall be clearly shown. No floor plan change, occupant load change, or other change of use can be approved as part of an application process for an entertainment license. F. The application for an entertainment license shall include five (5) copies (or a digital copy if acceptable to the City) of the proposed site plan for the entertainment establishment and the site plan shall be an accurate representation with dimensions that show the building's footprint, boundary and property lines and onsite parking spaces. Any changes that have occurred to the site plan since the original city building and fire departments approval shall be identified and include a notation identifying the date the modification was approved by the city if such approval was required_ The application shall also iucludc adjacent uses with operating hours for those uses. G. The application shall also include a copy of any city land use permits (e.g., Conditional Use Permit, development plan, occupancy permit, etc.) issued to the property owner or business entity. H. The entertainment license application shall include a detailed security plan. The security plan should include, but is not limited to, the following: 1. The number of licensed security personnel who will be on duty; 0438 WE EXHIBIT D Page16 of 2. The minimum level of acceptable training for licensed security personnel in compliance with Chapter 9.11 (Regulation of Private Security Operators) of the Temecula Municipal Code; 3. The patron screening procedure, if any, prior to admission to entertainment establishment; 4. Identify patron access points into the entertainment establishment; 5. Process for removal of disorderly or intoxicated patrons from premises; and 6. Process for dispersal of patrons from the entertainment establishment, onsite parking area and/or public rights -of -way (e.g., sidewalk or street) within 50 feet of any entrance to the entertainment establishment. I. The entertainment license application shall include a notarized letter from the applicant and property owner that reflects: 1. That the applicant and the property owner understand and agree to the requirements of this Chapter; 2. That the applicant and the property owner understand and agree to the renewal requirements of this Chapter; 3_ That the applicant and the property owner understand and agree that the license is nontransferable; and 4. That the applicant and the property owner understand that three or more violations of this Chapter, or one violation that poses an immediate threat to the public health, safety or general welfare, may result in termination of the entertainment license. 9.10.060 Fees. A nonrefundable fee, as set forth in the City of Temecula Fee Schedule shall accompany each application for an entertainment license_ The entertainment license fee shall be in addition to the business license fee required pursuant to Chapter 5.04 (Business Licenses Generally) of this code as may be amended from time to time. 9.10.070 Anprovalldenial/modification of entertainment license. A. Upon completion of an investigation coordinated by the Chief of Police, the Chief of Police may issue the license subject to Section 9.10.090, (Investigation and issuance) as applicable, unless it is found that: 1. The application fee has not been paid. 2. Applicant is less than 21 years of age. 3. The application does not conform to the provisions of this Chapter. 4. The applicant has made a material misrepresentation in the application. 5. The applicant or any of its owners, partners, officers or directors has had an entertainment license revoked within one (1) year prior to the date of the pending application. 6. The business has been conducting entertainment without a valid and active entertainment license within the last sixty (60) days. 04839 D81 EXHIBIT D Page17 i 7. The proposed entertainment establishment does not comply with all applicable laws, including, but not limited to: health, zoning, building, and fire code requirements. Prior to granting a license, the Chief of Police or designee shall obtain certification from the fire chief, city planner, and building official that the proposed use is in compliance with the land use and zoning provisions of the applicable municipal code provisions and that the structures are suitable and safe for the proposed operation of an entertainment establishment. B. If the Chief of Police denies the application, the applicant shall be notified of the reasons for the denial in writing within forty-five (45) days after receipt of the application. However, failure to notify the applicant within the specified time period shall not constitute a basis for granting the license. An applicant denied an entertainment license has a right to appeal the denial pursuant to Section 9.10.170 (Appeals procedure) of this chapter. If such a hearing is not requested within the prescribed time period, the denial shall be final_ 9.10.080 Conditional Use Permits in Conjunction with Entertainment Licenses A. If a Conditional Use Permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements. An entertainment license cannot modify the terms of an existing Conditional Use Permit, except as set forth in Section C below. B. For new Conditional Use Permits issued after the adoption of this ordinance, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the Conditional Use Permit, which may be amended from time to time, as listed in this Chapter. C. For Modifications to existing Conditional Use Permits that allow entertainment, the City may require, as a new Condition of Approval, that the business obtain an entertainment license if entertainment will be offered at the business. 9.10.090 Universal Entertainment license standards and conditions. A. All Class I, Class II, and Class III entertainment establishments shall operate in accordance with the following standards or conditions: J _ Display of License. The entertainment license shall be displayed on the premises in a conspicuous place so that law enforcement and city staff entering may readily see the entertainment license. A copy of the floor plan approved with the entertainment license shall always be kept on the premises and made available at the request of any law enforcement officer, fire marshal, code officer, or deputy fire marshal, or if requested by the establishment after an opportunity for pre -compliance review. 2. Outdoor Entertainment. Outdoor entertainment is prohibited unless explicitly permitted by an active Conditional Use Permit that explicitly allows outdoor entertainment, or by a Temporary Use Permit, or Special Event Permit. 3. Class III Entertainment. Dancing is only permitted at establishments with a Class III entertainment license. 0440 D82 EXHIBIT D Page18 i 1 4. Entertainment Hours of Operation. Entertainment operations shall cease, based on the times outlined below: Entertainment Permitted Entertainment Hours of Operation License Type Class I 7.00 a.m. —10.00 P.M. Daily Class 11 7:00 a.m. — 10.00 p.m. Daily Class III Entertainment operating hours shall be between 7:00 a.m. — 11:59 p.m. or as otherwise set forth in a Conditional Use Permit that explicitly allows dancing adopted prior to February 1, 2022. 5. Food Service. If the Class I, Class 1I, or Class III entertainment license is associated with a restaurant, food and non-alcoholic beverage service shall be provided at all hours the establishment is operating. 6. Noise Restrictions. Noise shall be measured in accordance with Chapter 9.20. No entertainment establishment may cause, permit, or maintain noise at a sound level that exceeds the standards of Chapter 9.20. 7. Noise Dampening. All doors, windows; and any other physical opening shall remain unlocked and unobstructed as required by all building and fire life safety requirements. All doors, windows, and any other physical openings shall not be propped open by people or physical devices during any hours that entertainment is occurring. 8. Manager and Server Training. The following persons must complete a responsible beverage service training course before the entertainment establishment may provide entertainment: i. Every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment shall maintain a current responsible beverage service training course certificate. 9. Employee list. A list of all persons employed as managers or persons who serve or sell alcoholic beverages for consumption by patrons on the premises of an entertainment establishment shall be maintained on the premises of the entertainment establishment. The list shall clearly identify the hire date, the date of each responsible beverage service training course was completed and the date the current training certificate will expire for every manager and every person who serves or sells alcoholic beverages for consumption by patrons on the premises of the entertainment establishment. The list shall be provided, upon request, to any law enforcement or code enforcement personnel, or at the request of the establishment, after pre -compliance review. 10. Security Guards i. All Security Guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators). ii. A violation of Chapter 9.11 (Regulation of Private Security Operators) shall constitute a violation of this chapter. 0441 D83 EXHIBIT D Page19 am 11. Maximum Occupant Load. The maximum number of persons in the entertainment establishment, shall not, at any time, exceed the maximum occupant load as established by the Fire Marshal or the City Building Official. 12. Disturbing the Peace and Disorderly Conduct. The responsible party shall make reasonable efforts to prevent the admission of any person, who is fighting, or challenging someone to a fight; maliciously and willfully disturbing another person by loud and unreasonable noise; using offensive words in a public place that is likely to provoke an immediate violent reaction, or engaging in disorderly conduct (as defined in Penal Code Section 647), inside the entertainment establishment, at any onsite parking lot owned or under the control by the entertainment establishment, or on any sidewalk used by the entertainment establishment for the entertainment establishment. The responsible party shall make reasonable efforts to either call the police for assistance or remove from the entertainment establishment, parking lot or sidewalk persons exhibiting such conduct. 13. Maintaining Adequate Right -of -Way. The responsible party shall ensure that patrons queuing on the public sidewalk do not obstruct the right-of-way or sidewalk from vehicular or pedestrian access. The minimum clear access for sidewalks shall be maintained at forty-four (44) inches. 14. Orderly Dispersal. The responsible party shall use reasonable efforts to cause the orderly dispersal of patrons from the entertainment establishment at closing time and shall use reasonable efforts to prevent patrons from congregating in the entertainment establishment's parking lot after closing time or permit patrons to congregate in any roadway or traffic lane within fifty (50) feet of any entrance to the entertainment establishment. This may include, but is not limited to, clearing all the cars from the establishment's parking lot. 15. Pyrotechnics. Pyrotechnics and safe and sane fireworks, are prohibited, unless explicitly permitted by the Fire Department. 16. Compliance with Law. Operators shall comply with all federal, State, and local laws. B. In addition to the conditions set forth in subsection A of this section, the Chief of Police may impose additional conditions in the following areas which shall be based on specific, articulated facts setting forth the necessity for the conditions: The permissible hours of operation for entertainment. 2. Specific licensing qualifications and numbers of security personnel to be on duty during business hours. 9.10.100 Class I entertainment establishment conditions. Class I entertainment establishments shall comply with all requirements stipulated in Section 9.10.090 (Universal Entertainment license standards and conditions). 9.10.110 Class II entertainment establishment conditions. In addition to the conditions set forth in Section 9.10.090, (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class II entertainment establishments: 0442 D84 EXHIBIT D Page20 OR A. Food Service, if the Class II entertainment license is associated with a restaurant, alcohol sales shall cease one half hour prior to closing. 9.10.120 Class III entertainment establishment conditions. In addition to the conditions set forth in Section 9.10.090. (Universal Entertainment license standards and conditions) the following conditions shall apply to all Class III entertainment establishments: A. Location. Establishments seeking a Class III License shall only be permissible in areas identified in Title 17 as a "Restaurant (bona fide public eating establishment) with Entertainment and/or Dancing" as listed in the Temecula Municipal Code, or as identified in a Specific Plan. If required by the Temecula Municipal Code or Specific Plan, a Conditional Use Permit shall be obtained for the use, prior to the submission of an entertainment license. B. Mandatory Security Guards. There shall be at least two (2) security guards licensed by the State on duty at all times that dancing is permitted. Additional Mandatory Security Guards may be required at the direction of the Chief of Police or as required by the California Department of Alcoholic Beverage Control. C. Security Guard Licensing. All Security Guards shall comply with Chapter 9.11 (Regulation of Private Security Operators). D. Occupancy Calculation. At all hours that dancing is permitted, a staff member shall maintain an accurate count of the current occupancy. A crowd control tally or other electronic device shall be utilized for the counting. The most current occupancy tally must be made available immediately upon request to Code Enforcement, Police, or the Fire Prevention Department, or if requested by the establishment after an opportunity for pre -compliance review. E. Designation of Dance Floor. l . The dance floor area shall be plainly marked and designated as the dancing area. 2. No dancing shall be permitted outside the designated dancing area as approved and on file with the city. F. Dancing Area. During all hours which dancing is permitted, no portion of the dancing area shall be used for any purpose other than dancing. G. Seating and Dance Areas. Seating areas shall not be converted to dance areas unless the floor plan approved as part of the application process allows such conversion. H. Designated Sound Operator. At all times a responsible party shall be responsible for any amplified or non -amplified sources of sound on the property. The absence of a designated sound operator shall be a violation of this section. I. Enhanced Noise Dampening. If a Class III entertainment establishment is located within 500' of residences as measured from property line to property line, the establishment shall be required to submit an acoustical analysis prepared by a certified acoustical engineer/professional demonstrating compliance with the City's noise ordinance and the entertainment license standards. If required by the analysis, sound dampening materials and design shall be installed prior to the issuance of the entertainment license. The entertainment 0443 D85 EXHIBIT D Page21 am establishment shall operate in a manner that abides by all requirements of the acoustical report. J. Halt of Alcohol Sales. A Class III entertainment establishment shall cease alcohol sales at least one-half hour prior to closing. Meals, water, and other non-alcoholic beverages shall be available up until closing of the establishment. This requirement shall apply under any scenario where the establishment may alter or vary the regular operating hours. K. Copy of ABC License. A Class III entertainment establishment shall provide a complete approved copy of the California Department of Alcoholic Beverage Control's license, including conditions, and the approved site plan to law enforcement or code enforcement immediately upon request, or if requested by the establishment after pre -compliance review. 9.10.130 Sound or noise measurement. A. Noise measurements shall be conducted in a manner as identified in Chapter 9.20 (Noise). 9.10.140 Immediate threat to public safety. A. The Chief of Police, Fire Marshal, or designee may require the responsible party to cease all or part of the entertainment establishment's operations or entertainment and disperse all patrons for a period of time up to and including the remainder of the entertainment establishment's daily operating hours whenever conduct by disorderly patrons reaches a magnitude that presents an immediate threat to the safety and well-being of the patrons or general public in the vicinity of the entertainment establishment. 9.10.150 Duration and renewal of license. A. Licenses are non-transferrable. B. Licenses for entertainment establishments may be renewed on the first business day in February 2023, and on a year-to-year basis thereafter on the first business day in February, provided the license holder continues to meet the requirements of this chapter. `Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business. C. No license granted herein shall confer any vested right to any person for more than the license period. D. Applications for a Iicense renewal shall be filed with the Chief of Police at least sixty (60) days prior to expiration of the existing license, otherwise the license will lapse. At the discretion of the Chief of Police, a temporary license pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. Licenses are not automatically renewed. E. RenewaI applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay an application fee, in an amount established by resolution, when applying for renewal_ 0444 D86 EXHIBIT D Page22 i F_ If an application for renewal of license and all required information is not timely received and the license expires, no right or privilege to provide entertainment shall exist, 9.10.160 Revocation/suspension for violation. A. The Chief of Police may issue a letter of intent to revoke an entertainment license upon receiving satisfactory evidence that: 1. The application for an entertainment license contains material misrepresentation; or 2. Ownership of the entertainment establishment has changed without the new ownership securing a new entertainment license from the Chief of Police; or 3. The entertainment establishment has, within the last 12-months, been found criminally, civilly, or administratively (pursuant to Chapter 9.10 of this code), or any combination thereof, to have violated any provision of this Chapter on at least three separate occasions; or 4. The entertainment establishment has, within the last 12-months, engaged in conduct, or allowed its patrons to engage in conduct that posed an immediate threat to the public health or safety of the general public; or 5. Employees of the entertainment establishment, while on the premises are engaged in conduct or behavior to the extent that it constitutes a nuisance, including but not limited to adjudicated complaints with adverse finding(s) by the State Alcoholic Beverage Control Board or the Riverside County Health Department. B. The Chief of Police shall provide written documentation or other evidence to support the intent to revoke an entertainment license to the licensee with the letter of intent to revoke an entertainment license. C. The Chief of Police shall provide written notice of the intent to revoke to the holder of an entertainment license by personal service, or by certified mail. The notice shall be directed to the most current entertainment establishment address or other mailing address on file with the Chief of Police for the entertainment establishment. The notice shall provide the effective date of the revocation. No revocation shall be imposed on less than thirty (30) days' notice to the holder of the entertainment license. D. An entertainment establishment that has had its license revoked may not apply for another license within 12 months from the date the license is revoked. 9.10A70 Appeal procedure. A. The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen (15) days of the date of mailing by the Chief of Police of the notice specified in Sections 9.10.070 or 9.10.160. of this Chapter. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in an amount as set by city council resolution. The City Clerk shall promptly fonvard a copy of the appeal to the Chief of Police. B. In the event an appeal is timely filed, the denial of the renewal or revocation of the license, shall not be effective until a final decision has been made on the appeal. Notwithstanding 0445 D87 14 EXHIBIT D Page23 am the foregoing, if the Chief of Police finds and determines that perYnitting an entertainment establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation of the license may take effect immediately. A business that has been denied an entertainment license, may not begin to operate as an entertainment establishment until it has obtained a valid entertainment. license. If no timely appeal is filed, the denial of renewal or revocation, or issuance of a license, shall become effective upon expiration of the period for filing appeals. C. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as the hearing officer. D. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the City Clerk shall snake arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. a_ Not less than fifteen (15) days prior to the appeal hearing, the City Clerk shall notify the Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Courtjudges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. b. Within five (5) days of the date of mailing the notice of the available panel, the Chief of Police and the appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers. c. The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. d. The hearing officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the appellant. 5. At the appeal hearing, the hearing officer shall receive oral and written evidence from the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording_ Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available for purchase to both panics. The hearing officer may continuc the appcal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police_ Within ten (10) days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the Chief of Police and the appellant, along with a proof of mailing. 0446 15 D88 EXHIBIT D Page24 am 7. Within ten (10) days from date of the City Clerk's mailing of the decision, either party may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Manager to occur within thirty (30) days. 8. The City Manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer. The City Manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety (90) days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure, The City Manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned. 9.10.180 Severabilit� If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause, and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases hereof be declared invalid or unconstitutional. 9.10.190 Violation —Penalty. A. Any person who violates any of the provisions of this chapter is guilty of an infraction, except that the fourth and each additional violation of a provision of this chapter within one year, shall be a .misdemeanor. Except as otherwise set forth herein, penalties for a violation of this chapter shall be as designated in Title 1 (General Provisions) of this code. B. In addition to any other remedy authorized by this chapter, a violation of this chapter may be grounds for a revocation or denial of an entertainment license. Section 5. Chapter 9.11 (Regulation of Private Security Operators) is hereby added to Title 9 (Public Peace, Morals, and Wclfarc) of the Tcmccula Municipal Code to road as follows: "Chapter 9.11 Regulation of Private Security Operators 9.11.010 Purpose and intent. The City of Temecula recognizes the importance of private security to preserve the public safety, health, and welfare. The purpose of this chapter is to regulate the operation of private security operators and security guards to ensure that adequate background checks, licensing, and identtfteatton are provided consistently throughout the community. 044716 D89 EXHIBIT D Page25 ME 9.11.020 Definitions. "BSIS" means the California Bureau of Security and Investigation Services, and/or any successor agency that regulates private security services for the State of California. "Private Security Operator" means an independent contractor or employer who has one or more employees, which is licensed by the state to employ "proprietary private security officers" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or "private patrol operators" and/or "security guards or security officers" as defined by the California Business and Professions Code seetion 7582.1, as may be amended from time to time, which furnishes or purports to furnish services for the purpose of affording security and protection of person and property or to perform any other service directly related to the private protection of life and property. "Security Guard" means an individual employee or independent contractor of a private security operator who is licensed by the state to be a "proprietary private security officer" as defined by the California Business and Professions Code section 7574.01, as may be amended from time to time, and/or a "private patrol operator" and/or a "security guard or security officer" as defined by the California Business and Professions Code section 7582.1, as may be amended from time to time. "Unlicensed" means a person or business that does not have a license issued by the BS1S. 9.11.030 Business Requirements. No business shall employ an unlicensed private security operator, an unlicensed security guard, or appoint unlicensed staff to perform any security responsibilities set forth in Chapters 11.4 or 11.5 of the Califomia Business and Professions Code, as the same may be amended from time to time. 9.11.040 Business License Required. All private security operators shall obtain a business license prior to commencing operations. Individuals working for a private security operator and on the security operator's payroll do not require a separate business license. 9.11.050 State License Required. All private security operators and security guards must have a valid and active license issued by the State of California. Private security operators and security guards may only operate in a way that the license permits the operator or guard to operate. 9.11.060 License Identification Required. All private security operators must carry a valid and active license issued by the State of California whenever operating as a private security operator. All security guards must carry a valid and active license issued by the State of California whenever operating as a security guard The licenses issued above shall always be accompanied by a valid government issued identification card (i.e., Driver's License, etc.) which may verify the identity of the private security operator or security guard. The license and identification card must be made available to law enforcement and/or Code Enforcement immediately upon request. 04,8 D90 EXHIBIT D Page26 D91 9.11.070 Identification of Empl<oyer/Contract. All security guards must disclose their employer's information or the business they are contracted with upon request to law enforcement and/or Code Enforcement immediately upon request. 9.11.080 Security Name Tag. All security guards must wear a name tag with the security guard's first name and last initial and the name of the private security operator that employs the security guard. 9.11.090 Uniforms. Security guards must wear a uniform with the word "SECURITY" and the name of the private security operator that is employing the individual or the name of the business that security services are being provided to by the private security operator. 9.11.100 Private Security Operator Vehicles. Private security operators and security guards shall not use any vehicle which is painted in such a manner or in such colors as to cause it to be in imitation of or can be mistaken for an official patrol or traffic vehicle of the Sheriff or of any Police Department of any City within Riverside County, nor shall any such vehicle display any emblem or decal which is an imitation of, or can be mistaken for, any official vehicle emblem or decal of the Sheriff or of any police agency of any City within the County of Riverside_ 9.11.110 Private Security Operator Use of Rank and Title A private security operator shall not use, grant, or bestow, or permit any security guard to assume or use any rank or title the same as or similar to any rank or title used by the Sheriff or by any Police Department within the County of Riverside. 9.11.120 Weapons While acting as a security guard, the security guard shall not wear equipment or weapons that are not permitted by state license. 9.11.130 Restricted from Perforrninp_ Police Duties A private security operator or security guard shall not perform official police or investigation activities but shall immediately report every violation of law and every unusual occurrence to law enforcement. 9.11.140 Obstruction of Law Enforcement or City Staff A private security operator or security guard shall not obstruct law enforcement, code enforcement, or the fire department from performing their duties to protect the public safety, health, and welfare. 9A1.150 Entertainment Venue High Visibility_ Requirements All businesses with Class III Entertainment license pursuant to Chapter 9.10 that employ private security operators shall require private security operators to wear a high visibility vest or shirt with the word "SECURITY" and the name of the business clearly marked on the front and back of the vest between dusk and dawn. 0449 D91 EXHIBIT D Page27 D92 Section b. Section 9.14.010 (Consumption of alcoholic beverages in public prohibited) and Section 9.14.020 (Possession of open containers of alcoholic beverages in public places prohibited.) of Chapter 9.14 (Consumption and Possession of Alcoholic Beverages Prohibited in Certain Public Places) of Title 9 (Public Peace, Morals, and Welfare) of the Temecula Municipal Code are hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Chapter 9.14 remaining unchanged: "9.14.010 Consumption of alcoholic beverages in public prohibited. The drinking of beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage shall be prohibited at the following locations, unless specifically permitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or C. Within any public parr, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency." "9.14.020 Possession of open containers of alcoholic beverages in public places prohibited. No person shall have in his or her possession, with intent to consume any part of the contents thereof, any bottle, can or other receptacle containing beer, wine, liquor, fermented malt beverage, intoxicating liquor, or other alcoholic beverage, which has been opened, or a seal broken, or the contents of which have been partially removed, at the following locations, unless specifically pennitted by the prior written approval of the city: A. On any public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency; B. In the public parking, loading, access, and areas accessible to the public of nonresidential property except within the specific licensed area of the premises of a commercial establishment holding a valid on -sale license or permit from the California Department of Alcoholic Beverage Control; or C. Within any public park, recreational area, or recreation facility owned, controlled and/or operated by the city, county, or any public agency." Section 7. Table N-1 (Temecula Land Use/Noise Standard) of Section 9.20.040 (General sound level standards.) of Chapter 9.20 (Noise) of Title 9 (Public Peace Morals and Welfare) of the Temecula Municipal Code is hereby amended to add a new row to read as follows_ 0450 D92 EXHIBIT D Page28 D93 L. LI Maximum ';noise Level Property Receiving Noise dBA) Tv e of Use Land Use Designation Interior Exterior Mixcd-Usc with a residential SPI or medium or high 45 70 component residential designation Section S. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17-08.030 (Use regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.08.030 remaining unchanged: Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use INCICCIHTISC IPOIBP ILI A Adult businesses —subject to Chapter 17.09 of the Temecula Muniei al Code Aerobics/dance/gymnastics/j azzercise/martial arts studios (greater than 5,000 s . ft. Aerobicsr'dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sa. ft.) Alcoholism or drug treatment facilities Alcoholic beverage manufacturing' Alcoholic beverage manufacturing with 1ii�e entertainment=y Alcoholic beverage sales Ambulance services Animal hospital/shelter Antique restoration Antique sales Apparel and accessory shops Appliance sales and repairs (household and small appliances) Arcades (pinball and video games)' Art supply stores Auction houses Auditoriums and conference facilities Automobile oil change/lube services with no major repairs - IC IC I I- I- I - - I I I I- IC I - See Section 17.10.020, Supplemental development mmmmmmm ■■r�c•�c�■se■s 0451 D93 EXHIBIT D Page29 am 1 1 1 Table 17.08.030 Schedule of Permitted Uses Cornmercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Automobile painfinand body shop__ - - - C - - P Automotive arts —sales P P P P - - P Automobile rental - C C P - - P Automobile repair services - C C P - - P Automobile sales (wholesale or auto broker only) with no outdoor/storage of vehicles _ C C P - C C Automobile sales with only indoor display/storage of vehicles _ C C P - C C Automobile sales with outdoor display/storage of vehicles' - - - C - - C Automobile salvage Yards/im ound yards - - - - - - C Automobile service stations with or without are automated car wash' - P P P C C P Automotive service stations selling beer and/or wine —with or without an automated car wash' C€ C 1 C` C 1 C k C 1 B Bakery goods distribution - - - P - P P Bakery retail P P P P - _ - Bakea wholesale - - - P - - P Banks and financial institutions] P P P P P P P Barber and beauty shops P P P P P P P Bed and breakfast � - C P - C - Beer and wine market' C C C C - - Bicycle sales, rentals, services P P P P - - P Billiard parlojiEool hall 99 - C' 9 C 19 C 19 - - - Binding of books and similar publications - - - - - I P P Blood bank - P P P P P P Blueprint and du licatin and copy services - P P P P P P Bookstores P P P P - - Bowling alle l - P P P - - - Building material sales (with exterior storage/sales areas greater than 50 percent of total sales area - - P - - P Building material sales (with exterior storage/sales areas less than 50 percent of total sales area - C C P - - P Butcher shop P P P P - - - C Cabinet shop _ - - P - - P 0452 an EXHIBIT D Page30 D95 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Descril2tion of Use NC CC HT SC PO BP LI Cabinet shops under 20,000 sq. ft.—no outdoor storage _ _ P P P Camera shop sates/minor repairs) P P - P - - - Candy/confectionery sales P P P P - - Car wash, full service I - C C C Carpet and rug cleaning - - - P - C P Catering services P P - P - P P Clothing sales P P - P - - - Coins, purchase and sales P P - P - - Cold storage facilities - - - - - - P Communications and microwave installations - - - - - - - Communications equipment sales - C - C P P Community care facilities P P P P - - I - Computer sales and service P P - P P P P Can e rate care housing for the elderly', P P P P P - - Construction equipment sales, service or rental - - - C - - P Contractor's equipment, sales, service or rental - - - C - - P Convenience market' C C C C C - Costume rentals - P - P - - Crematoriums - - - - - - C Cutlery - P P P - - D Data processing equipment ands stems C C - P P P P DaX care centers C P P C P C - Delicatessen P P P P P P P Discount/department store P - P - - Distribution facility - - - C - C P Drug store/pharmacy P P P P P - - Dry cleaners P P P P P P C Dry cleaning plant - C E Educational institution C C - C C C - Efficiency unit housing - C - - C - Emergency shelters C C C C C C C Equipment sales and rentals (no outdoor storage) P P P C P Equipment sales and rentals outdoor storage) - - - C - - P F Feed and grain sales - - P - - P 0453 C• EXHIBIT D Page31 M 1 1 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Descri Lion of Use NC CC HT SC PO BP LI Fire and police stations P P P P P P P Floor covering sales - P P P - - - Florist shop P P P P P - - Food processing - - - I - - - I P Fortunetellin , or similar activity P P P P P P - Frei ht terminals - - - - - - P Fuel story e and distribution - - - - - - C Funeral parlors, mortuary - P P P - - C Furniture sales - P -Furniture transfer and story e - - LI: LC - P P G Garden supplies and equipment sales and service _ C P P - - C Gas distribution, meter and control station - - - - - C C General merchandise/retail store less than 10,000 s. ft. C P P P - - - Glass and mirrors, retail sales - P P P - - - Governmental offices C P P P P P P GroceLy store, retail' - P P P C - - Grocery store, wholesale' - - - P - C P Guns and firearm sales - P - P - - - H Hardware stores P P - P - - Health and and exercise clubs (greater than 5,000 s ft.)- _ P P P P Health and exercise clubs {less than 5,000 sq. ft. C P P P C P - Health care facility P P P - P P P Health food store P P P P C - - Heliports 1 - - .- - - C C Hobby su2ply shop P P P P - - - Home and business maintenance service - _ - P - P P Hospitals - C C C C C C Hotels/motels - C P - C C - I Ice cream 2arlor I P TP P P I P - - Im ound yard I - I - - - _ - C Interior decorating service I P P P P P P - i Junk or salvage yard - - - - - C W� EXHIBIT D Page32 D97 1 1 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC JPOJSP LI K Kennels i - C - C 1C I C L Laboratories, film, medical, research or testing centers _ P P Laundromat P P P P Laund service commercial - - - P - - P Libraries, museums and galleries rivatc - C C C C C C Liquefied petroleum, sales and distribution - - - - - - C Liquor stares I - - - - Lithographic service - - - P - P P Locksmith P P P P - - P M Machine shop P Machinery storage yard - - - - - - C Mail order businesses P P - P P P P Manufacturing of products similar to, but not limitcd to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor - - - - - P P intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. Wholesaling, storage, and warehousing within enclosed building, - - - - - - P freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ft, with no outside storage - - - P P Commercial marijuana activity- - - - - - Marijuana cultivation? Massage P 1�. M EXHIBIT D Page33 Mi 1 1 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Descri Lion of Use NC CC HT SC PO BP LI Medical equipment sales/rental P P P P P - - Medical marijuana dispensary- - - - Membership clubs, organizations, lodges C C C C C C C Mini -storage or mini -warehouse facilities' - C - P - C P Mobile home sales and service - - - P - - P Motion picture studio - - - P - P P Motorcycle sales and service' - - - P - - C Movie theaters - C C - - - Musical and recon studio - C I C C - P P N - C- C- E - - Nurseries (retail) C C P - - P Nursing homes/convalescent homes C Ic ic Ic Ic - - O Office equipment/supplies, sales/services C P P P C P P Offices, administrative, corporate headquarters and professional services including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance P P P P P P5. 6 P5 P Paint and wallpaper stores - P P P - - - Parcel delivery services P P P P P P P Parkina lots and parking structures - C C C C P P Pawnshop - P P P - - - Personal service sha s P P I P P P P - Pest control services - C - C - P P Pet grooming/pet shop P P P P - P P Photographic studio P P P P P P - Plumbing supply yard (enclosed or unenclosed) - - - C - - P Postal distribution - - - - - - P Postal services P P P P P P P Printing and publishing (newspapers, eriodicals, books, etc. - C - P C P P Private heli ort' - - - - C C C Private heliport for hospital' - C C C C C C Private utility facilities (regulated by the Public Utilities Commission P P P P P P P Q (Reserved) M EXHIBIT D Page34 M 1 1 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC I CC HT I SC PO I BP LI R Radio and broadcasting studios, offices - P P P P P P Radio/television transmitter - - - - - P P Recreational vehicle garks - - C - - - - Recreational vehicle sales and rentals - - C C - - C Recreational vehicle, trailer, and boat storage within an enclosed building C P P Recreational vehicle, trailer and boat storage- exterior yard - - - C - - P Recycling collection facilities - P - - - C P Recycling rocessin facilities - - - - - C P Religious institution, without a daycare or educational institution P P P C P C C Religious institution, with an educational institution C C C C C C - Religious institution, with a daycare center C C C C C C - Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business C C C C C C C Residential, multiple -family housin - C- Restaurant, drive-in/fast food - C C C - - - Restaerants {- P P P P P P P and ether- eating est-ah-1-i-AW-A-ents - G G C - C- G Restaurant (bona fide public eating establishment) without alcohol: P P P P P P P Restaurant (bona fide public eating establishment) with Beer & Wine Sales P' P' P' P' P' P' P' Restaurant (bona fide public eating establishment) with Beer, Wine & Distilled' C1 — C' — C' C' C' C' — C' Spirits Restaurant (bona fide public eating es.tabl 1 shmentj with Entertainment not - 1, 4 P'• 9 P'• - - PI, 2 P1,9 includin dancing) 11 9 Restaurant (bona fide public eating establishment) with Entertainment and/or P P'•() P',9 Dancing '=9 _ 0467 ON EXHIBIT D Page35 D100 1 1 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT I SC PO BP LI Retail support use to a noncommercial business (limited to the sale of products manufactured or assembled on -site and occupying less than 15 percent of the floor area of the business) - - - - - P P Rooming and boarding houses - C - - S Scale public - P P P P p C Schools, trade or vocational - P P P P P C Scientific research and development offices and laboratories - - - - C P P Senior citizen Housing (see also congregate care)', a P P P P P - Solid waste disposal facility - - - _ - - C Specialty market' C P P P C - Sports and recreational facility C C C C C C C Supportive housing - C - - C - - Swap meet, entirely inside a permanent building' - - - C - C C Swap meet, outdoor - - Swimming pool supplies/equipment sales - P - P - - P T Tailor sho2 P p _ _ P Taxi or limousine service - P P P - _ C Tile sales - P - P _ Tobacco shop C P P P - - - Tool and die casting P Transfer, moving and storage - - - C p Transitional housing - C - - C - - Trans ortation terminals and stations - - C - - C P Truck sales/rentals/service ' - - - C - - C TV/VCR repair I p p 1P P U Upholstery shop - - - C - P P V Vending machine sales and service - - - P I - I - I P W Warehousing/distribution - - _ - _ C P Watch repair P P P - - P - Wedding chapels - P P D100 EXHIBIT D Page36 D101 1 Table 17.08.030 Schedule of Permitted Uses Commercial/Offce/Industrial Districts Description of Use NC CC HT SC PO BP LI Welding shop - - - - _ - P WeldinR supply and service enclosed - - - P - P Wine tasting shop, with or without product sale for off -site consumption (Department of C P P P - - - Alcoholic Beverage Control Type 02 only) Wine tasting shop, with or without product sale for off -site consumption (Department of Alcoholic Beverage Control License Types C C C C - - - other than Type 02 Y Reserved Z Reserved Notes: I. Subject to the supplemental development standards contained in Chapter 17.10 of this code. 2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code. 3. See Chapter 5.22 of the Temecula Municipal Code. 4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential performance and development standards for the high -density residential zone. Senior housing residential projects in the NC zone shall use the residential performance and development standards for the medium density residential zone and the applicable supplemental development standards in Chapter 17.10, Congregate care Facilities shall use the residential performance standards. 5. New o ffice buildings in the BP and Ll zones are subject to performance standards contained in Section l 7.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, Specific Plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 8. Residential, multiple -family housing shall be allowed in the PO zone only if the affordable housing overlay (AHO) applies to the property and the proposed development complies with all requirements of Chapter 17.21. 9. Subject to Chapter 9.10 JEntertainment License and Cha ter 9.1 1 (Regulation of Private Securi1y Operators Section 9. Subsections 1, 4, and 5 of "B. Alcoholic Beverage Sales" and Subsection "H" of Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code are hereby amended to read as follows (with deletions appearing in strikethrough text, and additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: "B. Alcoholic Beverage Sales. 1. All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcohol Beverage Control. All businesses or establishments shall provide the ABC license conditions of the license and the site plan u on re uest of law enforcement or the city or, upon the request of the a licant after pre -compliance review. 4. regulated by ar etir€ent speeit=tepla-n. Restaurants shall overate under the following.requirements: 0459 D101 EXHIBIT D Page37 D102 a. Restaurants that are open to the public for business and engaged in the ancilla sale of alcoholic beverages, shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include but not be limited to an offering and the ability to order a varied„ menu of foods of not less than five main courses with appropriate nonalcoholic bevera es desserts salads and other attendant dishes. b. A conditional use permit is re wired for restaurants that lanon offeriLig, selling, or servine beer, wine and distilled s irits LWically a Type 41 California ABC license),unless otherwise regulated by a current Specific Plan. Restaurants offerin beer wine and distilled spirit must cease alcohol sales one half hour prior to closing. c, Restaurants are permitted to serve beer and wine(typically a Type 42 California ABC license) as„a matter of right. d. Restaurants that desire to offer -any form of entertainment must obtain an entertainment license in accordance with Chapter 9.10. e. Managers and staff shall obtain and maintain Responsible Beverage Service certifications as required by the California Department of Alcoholic Beverage Control). The establishment shall maintain: i. A current listing of all staff members that are certified to sell alcohol- ii. Responsible beverage service certification numbers and expiration dates for all staff members that are certified to sell alcohol; f. 1f a conditional use permit is required for alcoholic beverage sales a printed copy of the conditions of approval, including the approved floor plan, shall be stored on the premises in a -readily accessible location and shall be made available upon re nest to the city or law enforcement or, upon the request of the applicant after pre -compliance review. A. All restaurants shall make a copy of the a roved ABC license the associated conditions, and the approved site plan available _immediately upon request to city staff or law enforcement or, upon the request of the applicant afterpre-compliance review. h.All security guards shall operate in accordance. with Chapter 9.11 (Regulation of Private Security Operators)." 5. for establishments with on -sale alcohol beverage sales that are not bona fide eating establishments (i.e., eamedy ehab ftig4telub, dmee ektb), the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit." "H. Entertainment Establishments. Wevidifig Dalleing, 1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20,040. 2. Paneing, musie, a -ad similar erAertainmerA uses shall be limited to between the hears of six p.m. and t.• e a.fn, Entertainment establishments shall abide by Chapter 9 (Entertainment License). 3. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations." Section 10. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off -Street Parking and Loading) of Title 17(Zoning) of the Temecula Municipal Code is hereby amended as follows (with additions shown in underline, and deletions shown in strikethrough text), with all other provisions of Title 17.24.040 remaining unchanged: 0460 D102 EXHIBIT D Page38 D103 1 Table 17.24.040 Parking Spaces Required E_ 1 Description of Use Required Dumber of Spaces Commercial Uses - Retail and Service Restaurants I Dine -in 1 space/100 SF-GFA, with a minimum of 10 spaces in all cases; restaurants with dance areas must also comply with the dancing.area standards set forth under "Recreation Uses" Fast food Table 17.24.040 ' Parking Spaces Required Description of Use Required Number of Spaces Recreation Uses f malls Dancing area 1 space/7 gross SF dance floor area Section 11. Section 17.34.010 (Definitions and illustration of terms) of Section of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definition of "restaurant" and add definitions for "entertainment", "Restaurant (bona fide public eating establishment) without alcohol", "Restaurant (bona fide public eating establishment) with beer and wine sales", "Restaurant (bona fide public eating establishment) with beer, wine and distilled spirits" and revise the definition of "nightclubs, taverns, bars" as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.34.010 remaining unchanged: "Entertainment" means any single event, a series „of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate in, or is conducted for the purposes of holder the attention of gaining the attention of or diverting or amusina patrons includinm, but not limited to: l . Dancing by patron(s) to live or recorded music. 2. The presentation of music played on sound equipment operated by an agent, employee, or contractor of the establishment, commonly known as "disc jockey" or "DJ" 3._ The presentation of live music whether amplif ed or non -amplified. 4. The presentation of music videos, music concerts or other similar_ forms of musical entertainment from any source. 5. Any amusement or event such as live music_ or other live performance which is knowingly permitted by any entertainment establishment including resentations by single or -multiple erformers such as hypnotists, pantomimes,.comedians karaoke song or dance acts plays, concerts,. any type of contest; events with live animals/reptiles, sporting events, exhibitions, carnival or circus acts demonstrations of talent or items for gift or sale; shows reviews and an other such activity which may be attended by members of the public 1 D103 EXHIBIT D Page39 D104 Restaurant bona fide public eatin establishment) -without alcohol: Means any establishment where the primM business is the re aration service and retail sales of meals comprising a varied selection of foods and nonalcoholic beverages prepared, served and consumed on the premises. Entertainment establishments that allow dancing. shall be considered a Class III establishment. Restaurant fbona fide public eating establishment with Beer and Wine Safes: Means any establishment where the primpa business is the preparation, service and retail sales of meals comprising a varied selection of foods nonalcoholic beverages, beer, and wine prepared, served,_and consumed on the „premises. To be classified as a restaurant fbona fide public eating establishment with beer and wine sales an establishment shall meet the following requirements. 1. Be desi ed and operated in such a wav that the sale of alcoholic beverages is ancillaa to the primary restaurant operation, 2. The sale of aEy food prepared for consum tion off the premises shall be occasional only and clearly ancillM and subordinate to the on -premises restaurant operation,• 3. 4n any day the restaurant is open to the public for business and engaged in the ancill sale of alcoholic beverages, restaurant services shall be available to the public during all.hours of operation. Restaurant service shall include but not be limited to an offering and the ability to order a varied menu of foods of not less than five main courses with gpgrQgnate nonalcoholic beverages, desserts, and other attendant dishes. 4. �No entertainment shall be provided without an active and valid entertainment license. 5. No admission charge can be charged, and no requiredpurchase/donation is required such as a minimum drink order) for entertainment involving -dancing, b. Entertainment establishments that allow dancing shall be considered a Class III establishment pursuant to Section 9.10.020. Restaurant (bona fide public eating establishment) with Beer, Wine and Distilled Spirits: Means any establishment where the primM business is the preparation service and retail sales of meals nonalcoholic beverages beer,_ wine and distilled compn5in a_vaned selection of foods, „ spirits, prepared, served and consumed on the premises, To be classified as a restaurant bona fide public eating establishment with beer, wine and distilled spirit sales an establishment shall meet the followin requirements. 1. Be desigged and operated in such a way that the sale of alcoholic beverages is ancillm to the primary restaurant operation', 2. The sale of any food prepared for consumption off the premises shall be occasional only and clearly ancillary and subordinate to the on -premises restaurant operation; 3. On any day the restaurant is open to the public for business and engaged in the ancill sale of alcoholic bevera es restaurant services shall be available to the public durin all hours of o eration. Restaurant service shall include but not be limited to an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic bevera es desserts and other attendant dishes. 44. No entertainment shall be provided without an active and valid entertainment license 5. No admission charge can be charged, and no required.purchaseldonation is required (such as a minimum drink orderl for entertainment involving dancing. 0462 D 104 EXHIBIT D Page40 D105 6. Entertainment establishments that allow dancipZ shall be considered a Class III establishment pursuant to Section 9.10.020. "Taverns and bars" means establishments primarily providing preparation and retail sales of alcoholic beverages as licensed by the Alcoholic Beverage Control Department. Tavernsand bars with dancing shall obtain a Class III Entertainment License.'" Section 12. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 13. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 14. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 121h day of April, 2022. Matt Rahn, Mayor ATTE Ran I, City Clerk [SEAL] 1 0463 D 105 EXHIBIT D Page41 D106 1 fl 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of March, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12`h day of April, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS ABSENT: 0 COUNCIL MEMBERS None None None Randi Johl, City Clerk 0"4 D 106 EXHIBIT D Page42 D107 City of Temecula City Clerk Department 41000 Mara Street • Temecula, CA 92590 Phone {951) 694-6444 • Fax (95 T) 694-6449 • TemeculaCA.gov Certified Mail and Return Receipt May 5, 2022 CNC Puma Corporation ATTN: Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 The Bank ATTN.- Craig Puma 28645 Old Town Front Street Temecula, California 92590 The Bank ATTN: Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 RE: CUP Revocation of the Bank — Setting of Hearing Brand, Craig and Amanda, I have attempted to contact Amanda Moore and Craig Puma by email to coordinate possible hearing dates regarding the CUP Revocation of the Bank but have not received a response. The process to schedule a hearing with the Office of Administrative Hearings (OAH) is to submit a Request to Set form with three possible hearing dates coordinated with all parties, dates are still subject to availability of the OAH, if this is not accomplished than the OAH will choose a hearing date. The suggested dates are July 7, July 21 and July 25, 2022. Please let me know if these dates work or advise on other possible dates (unavailable dates: June 30, July 5, July 14, August 8, August 24-25 and September 7-9). If I do not hear back by May 16, 2022 1 will move forward and submit Request to Set with no coordinated dates with the OAH. Please feel free to contact me by phone at erika.ramirez temeculaca. ov with a response or if you of the hearing. Sincerely -- inc, rika a irez Deputy i lerk 0465 951-694-6407 or by email at have any questions regarding setting D107 EXHIBIT D Page43 EXHIBIT E 0466 D 108 EXHIBIT E Pagel D109 Citof Temecula Comn;unity Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED April 18, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Mr. Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Ms. Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 13, 2022, 1 sent you a notification pursuant to Temecula Municipal Code section 1 7.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because a copy of the CUP with the Conditions of Approval were not enclosed with my April 13th letter, I am resending this notification with the enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0467 D 109 EXHIBIT E Page2 D110 CNC Puma Corporation, Mr. Puma and Ms. Moore April 18, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 1 I a.m. to 10 p.m., Friday I 1 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) 0468 D 110 EXHIBIT E Page3 D111 CNC Puma Corporation, Mr. Purna and Ms. Moore April 18, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • JuIy 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August 6, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0469 D 111 EXHIBIT E Page4 D112 CNC Puma Corporation, Mr. Puma and Ms. Moore April 18, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 4, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 S1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) * November 6, 2021 $1,000 Civil Penalty (Paid) 0470 D 112 EXHIBIT E Page5 D113 CNC Puma Corporation, Mr. Puma and Ms. Moore April 18, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) • November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 0471 D113 EXHIBIT E Page6 D114 CNC Puma Corporation, Mr. Puma and Ms. Moore April 18, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250,00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) 0472 D 114 EXHIBIT E Page7 D115 CNC Puma Corporation, Mr. Puma and Ms. Moore April 18, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff s Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; Q That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 0473 D 115 EXHIBIT E Page8 D116 CNC Puma Corporation, Mr, Puma and Ms. Moore April 18, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. a rds, Luke Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula CA 92590 Randi Johl, City Clerk 0474 D 116 EXHIBIT E Page9 0 0 D117 city of Temecula F ty Development n Street ■ Temecula, CA 92590 dress; P.O. Box 9033 ■ Temecula, CA 92589-9033 ) 694-6400 ■ Fax 19511 694-6477 ■ www.ciryoftemecuJa.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2D12 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be fled. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk cit oftemecla.or . Sincerely, Xuartk, AICP Senior Planner Enclosures: Conditions of Approval 0475 D117 8 Pnnced or Recyc199APEgNNING120121PAi 2-0041 Bank of Mexican Food MODTianningWPROVAL LSR.daF-X H I B I T E Pagel 0 D118 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 922-036-011 NIA NIA NIA February 28, 2012 February 28, 2014 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code_ 0476 D 118 GAPLANNENG12012TA12-0041 Bank of Mexican Food MOMPianningTINAL COA-CUP.doc 1 EXHIBIT E Pagel • D119 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including anyfencing or gates that may be constructed in the future. 7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencementof the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Atcoho/ and Drugs (L.E.A.D.), or received training from any otherprogram certified bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m, to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing or041f,b ). D 1 19 G:1PlANNING12012kPA12-0041 Bank of Mexican Food MOMPianningTiNAL COA-CUP.doc 2 EXHIBIT E Page12 Ui D120 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the fire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website atwww.cityoftemecula.org; under Chapter 8.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. 0478 D 120 GVLANNINW0121PA12-0041 Bank of Mexican Food MOUPJanningTINAL COA CUP.doc 3 EXHIBIT E Page13 0 E D121 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. -- 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). Identification will be verified utilizing one of the following: a. A valid Califomia driver's license b. A valid Califomia identification card C. A valid military identification card (activelres erve/reti red/de pendent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverage's is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at'10:00 a.m. at the Police Mail offee. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 041V PLAN NIN.D12012TA12.0041 Bank of Meftan Food MOa1PlanningTINAL COA-CUP.doc 4 D121 EXHIBIT E Page14 0 0 D122 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 S&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot, (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate. (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e,g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. 0480 D 122 NNING120121PA12-4041 Bank of Mexican Food MOD'ManningTINAL COA-CUP.doc 5 EXHIBIT E Page15 D123 Citv of Temecula L,tcor-, Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 . Temecula, CA 92589-9033 (951) 694-6400 . FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit— 17.04.a10.J 1: The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent 040fo? Development Code and Old Town Sp i{r�3 G:IPLAWNG12008\PA08-0236 Bank of Mexico Minor MOD1PlanningWPPROVAL LETTER ADMINISTRATIVE.doc II L EXHIBIT E Page16 • 0 D124 determined that the project is consistent with the Development Code and Old Town Specific _ Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie.lecomte[cr��cityoftemecul_a.ora. Sincerely, Katie Innes Assistant Planner K llks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 0482 I� 24 G:IPLANNING=08tPA08-8236 Bank of Mexico Minor MODtPlanningtiAPPROVAL LETTER ADMINISTRATIVE. EXHIBIT E Page17 D125 EXHIBIT A (FINAL CONDITIONS OF APPROVAL SCANNED': - G DRWE: PERMITS PLUS; 9NITIALS: PLANNER: 0483 D 125 EXHIBIT E Pagel • D126 S 4 J Y ACCEPTANCE OF CONDOS ONS OF APPROVAL !, Cram Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exh.ibitA..'I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. - SIGNATURE DA TE D127 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application ft..: PA08-0136 Project Cescriptiow A Second Dwelling Unit to construct a one-story 747 square foot second dwelling unit with a 819 square foot attached two car garage -in the Very Low Density Residential zoning: district located at 41719 Fosse Way. Assessor's Parcel No.: MSHCP Category DIF Category: TUlttiF Category: Approval Date: Expiration Date: 955-040�001 Residential 8 DU or Less Residential NIA August 19, 2008 August 19, 2006 PLANNING DEPARTMENT Wi-thi;n 448 Flours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee„ to enable the City to file the Notice of Exemption as iprovided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. if within said 48-hour .period the applicant/ developer has not dei:ivered to the Planning Department the check as required above, the approval for the project granted shall'bevoid by reason of failure of condition_ (Fish and Game Code Section 711.4(c')). PL-2. The applicant shall review and signthe Acceptance of Conditions. of Approval'document that will be provided by the Planning Department staff and return the docume.nt.with an origiinat signature to the Planning Department. Genera -I Requi:rernents PL-3. The applicant and owner of t'he'real property subject to this condition shall herebyagree to indemnify,. ;protect, hold' harmless, and defend the City with Legaf Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings ,against the C1y to attack, set aside, annul, or seek monetary damages resulting, directly orindirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or 0485 D127 EXHIBIT E Page20 10 D128 legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-5. This approval shall be used within two years of the approval date, otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-6. The Director of Planning may, upon an application being filed prior to expiration of the project, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department for PA08-0136. PL-8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shal:I be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determinesto be the substantial equivalent of that required by the condition of approval, Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-9. This is an administrative approval and shall in no way limit the City or other regulatory or service agencies from applying additional requirements and/or conditions consistent with applicable policies and standards upon the review of grading, building and other necessary permits and -approvals for the project. PL-10 The secondary dwelling unit shall not be sold, but may be rented. The property owner must occupy either the primary residence or the secondary dwelling unit. Prior to Issuance of Grading Permit(s) PL-t 1. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. PL.-1 2. Double detector check valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. PL-13. The following shall be included in the Notes Section of the Grading Plan_ "If at any time 0486 D 128 EXHIBIT E Page21 D129 during excavation/construction of the site., archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of .,the affected area to immediately cease.. The. Director of Planning at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allowthe City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director cf Planning shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning." PL-14. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUI`I.DING AND SAFETY DEPARTMENT B-1 All design components shall: comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabied Access Regulations, and the Temecula Municipal Code. B-2. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. B-3. Obtain all, building. plans and permit approvals .prior to commencement of any construction work B-4. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457,73, for any site within one -quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 6�30 a.m. to 6:30 p m and Saturday from 7:00 a.m. to 6:30 p.m. No work is permuted on Sundays or Government Holidays, B-5. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF)- This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. Prior to Submitting for Plan Review 0487 D129 EXHIBIT E Page22 D130 B-6. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-7. Prcvide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review, 6-8. Provide truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer, As applicable Prior to Issuance of Building Permit(s) B-9. Provide appropriate stamp of a registered professional with original signature on plans. Prior to Beginning of Construction B-10. A pre -construction meeting is required with the building inspector prior to the start of the building construction COMMUNITY SERVICES DEPARTMENT General Conditionsllnformation CS-1. The developer si7ail contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2, The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification -of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION Prior to Issuance of G.rading Permit(s) F-1, Fire apparatus access roads and driveways shall be assigned and maintained to support the imposed loads of fire apparatus and shall be with. a surface to provide ail - weather driving capabilities. Access roasts shall be 80,000 lbs. GVW with a minimum of AC thickness of ,25 feet. In accordance with Section 1410.1, prior to building construction all locations wnere structures are to De LJUIIU stilk lldve r'lit CxYY01alu5 access roads. (CFC Chapter 5, Section 503.2.3 and Temecula City Ordinance 15.16 020 Section E). F-2. Fire Department vehicle access roads and driveways shall have an unobstructed width of not less than 20 feet and unobstructed vertical clearance of not iess than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and Temecula City Ordinance 15.16.020 Section E) 0488 D 130 EXHIBIT E Page23 :rr U 0 D131 F-3. Prior to building construction, dead end roadways and driveways in excess of 150 feet shall have a turnaround capable of accommodating fire apparatus. (CFC Chapter 5, Section 503.2.5 and Temecula City Ordinance 15.16.020 Section E), F-4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5. Section 503.2.7 and Temecula City Ordinance 15.16.020 Section E). Prior to Issuance of Certificate of Occupancy F-5. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department access shall be provided with the Knox Rapid entry system. for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identi.fication_�placed in a position that is plainly legible and visible from the street or road fronting the property, These numbers shall contrast with their background, Single-family residential units shall have four -inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5; Section 505.1 and Temecula City Ordinance 15.16.020 Section E). PUBLIC WORKS DEPARTMENT General Requirements PW-1 _ Unless otherwise rioted, all conditions shall be completed by the developer at no cost to any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines; easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PVV-2, A Grading Permit for precise grading, including all on -site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City -maintained street right-of-way. PW-3. An. Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of�way. PW-4, All grading. plans shall be coordinated for consistency with. adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24' x 36" City of Temecula mylars PW-5. The project shall include construction -phase pollution prevention controls and permanent post -construction water quality protection measures into the design of the project to prevent non -permitted runoff from discharging off site or entering any storm drain system or receiving water. Prior to Issuance of Grading Permit(s) PW-6. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works priorto the commencement of grading.. The grading plan shall include all 0489 D131 EXHIBIT E Page24 0 D132 necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-7. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-8. A Soils Report shall be prepared by a registered'soil or civil engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soil conditions of the site, and provide recommendations forthe construction of engineered structures and pavement sections. PW-9. Construction -phase pollution prevention controls shall be consistent with the City's Grading, -Erosion and Sediment Control Ordinance and associated technical manual, and the City's standard notes for Erosion and Sediment Control. PW-10, The project shall demonstrate coverage under the State NPDES General Permit for Construction Activities by providing a copy of the Waste Discharge Identification Number (I/VDID) issued by the State Water Resources Control Board (S.WRCB). A Stormwater Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of construction activities. PW-11. As deemed necessary by the Department of Public Works, the deveioper shall receive written clearance from the Planning Department, or other affected agencies. PW-12. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW-13. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set Forth in that ordinance or by providing documented evidence that the fees have already been paid P1N-14. The developer must comply with the requirements of the National Pollutant Discharge Elimination System. (NPDES) permit from the State Water Resources Control Board, No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. Prior to Issuance of Buiiding Permit(s) PW-15. Precise Grading plan shall conform to applicable City of Temecula Standards subjectto approval by the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C_ and 1.00% minimum over A.C. paving. Driveway shall conform to the applicable City of Temecula Standard Number 207. c. All, street and driveway center line intersections shall be at 90 degrees. 0490 D 132 EXHIBIT E Page25 • 0 D133 PVV-16. The building pad small be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions PW-17. The developer shall pay to the City the Public Facilities Development Impact 'Fee as required by, and in accordance with, Chapter 15.66 of the Temecula Municipal Code and all Resoiutions implementing Chapter 15.06. Prior -to Issuance of Certificate of Occupancy PW-18 As deemed necessary by the Department of Public Works the developer shall receive written clearance from Rancho California Water District, Eastern Municipal Water District, or other affected agencies. PW-19. The existing improvements shall be reviewed. Any appurtenance damaged or Broken shall be repaired or removed and replaced to the satisfaction of the Department of Public Works. PW-20. ` All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works, 0491 D 133 EXHIBIT E Page26 D134 Citv of Temecula Planning Department 43200 Business Park Drive * Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application upgrade an existing authorizing the sale restaurant Dear Mr. Puma: No. PA07-0314, a Minor Conditional Use Permit to Type-41 ABC license to a Type-47 ABC license of beer, wine and distilled spirits at an existing On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte aacityoftemecula.org. Sincerely, -�-- Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Gent (stamped plans) D 134 G:IPlanning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUMPlanningLAPPROVAL ITR.doc EXHIBIT E Page27 z D135 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: 0493 D 135 G Planning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIanning\FINAL COA-CUP.doc 1 EXHIBIT E Page28 D136 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 03-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. f SIGNAi E DA TE D136 G:Ttanning12007%PA07-0314 The Bank Upgrade to Type 47 Minor CUP\PlanningTINAL GOXCUP.doc 2 EXHIBIT E Page29 D137 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category; NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicantideveloper has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Irish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. 0495 GAP1ann1ngM071PA07-0314 The Bank Upgrade to Type 47 Minor CUP1PIann1ng%FINAL COA-CUP.doc 3 D137 EXHIBIT E Page30 • • D138 GENERAL REQUIREMENTS D138 G:%Planning4200nPA07-0314 The Bank Upgrade to Type 47 Minor CURPiannlnORNAL COA-CUP.doc EXHIBIT E Page31 D139 Planning Department 3, The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agonts. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based On changed circumstances, Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date; otherwise, it small become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of lime shall be granted in one-year increments only. 0497 D 139 GAPIanningl2GON3A07-0314 The Bank Upgrade to Type 47 Minor CUP1PlanningWINAi_ COA-CUP.doc 5 EXHIBIT E Page32 • 0 D140 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 12. An 8.5" x 11„ (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m_ to 11 p-m. and Sunday 8 a.m. to 10 p.m, On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no laterthan one hour after closing. (As amended at Directors Hearing on 113108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15_ All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and 0498 D 140 GAP1anning00071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIanning\FINAL COA-CUP.dot 6 EXHIBIT E Page33 0 0 D141 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 6.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control_ Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card(activelreservelretiredldependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (riot expired) 0499 D141 GAPI9nn1ng%2007%PA07-0314 The Bank Upgrade to Type 47 Minor CUMPIanninglFINAI. COA•CUP.doc 7 EXHIBIT E Page34 D142 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m, and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 26632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional_" (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn flaw enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 20(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc, The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscu 66., intercourse, sodomy, masturbation, etc.) GAP1ann1ngQ00'APA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIanningTINAL COA-CUP.doc D 142 8 EXHIBIT E Page35 D143 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. 0501 D 143 GAP1ann1ng120071PA07.0314 The Bank Upgrade to Type 47 Minor CURP6anninglFINAL COA-CUP40C 9 EXHIBIT E Page36 �� 0 D144 DH RESOLUTION NO.08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA. APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.01 O.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an 0502 1 D 144 G:1P1anning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanninglDH RESOLUTION EXEMPT FROM CEQA.doc 1 EXHIBIT E Page37 D145 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. 0503 D 145 G:IP1anning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPTIanning\DH RESOLUTION EXEMPT FROM CEQA,doc 2 EXHIBIT E Page38 PJ 0 D146 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4 1 license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0504 D 146 G:IPIan ning,20071PA07-0314 The Bank Upgrade to Type 47 Minor CMI'lanning\DH RESOLUTION EXEMPT FROM CEQA.doc 3 EXHIBIT E Page39 • 0 D147 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3rd day of January 2008. Debbie Ubnoske, Director of Planning 1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. �Ka t �S i m �ps, e c r a ry 0505 D 147 G:\Planning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 EXHIBIT E Page40 EXHIBIT F 0506 D 148 EXHIBIT F Pagel D149 City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 /Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional i Ise Permit PA 12-0041 , PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0507 D 149 EXHIBIT F Page2 D150 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to I 1 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and. Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citatioroses D 150 EXHIBIT F Page3 D151 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250,00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250,00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) • August b, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Peyj,IP,aid) V9 D151 EXHIBIT F Page4 D152 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil6wit611 (Paid) D152 EXHIBIT F Page5 D153 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) • November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $ t,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 0511 D 153 EXHIBIT F Page6 D154 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past I 1 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations. Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) • April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021. $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) 0512 D 154 EXHIBIT F Page7 D155 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 0513 D 155 EXHIBIT F Page8 D156 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. aReg7Wa4tsonN4 e Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk 0514 D 156 EXHIBIT F Page9 0 0 D157 city of Temecula F1000 ty Development n Street R Temecula, C4 92594 dress: P.O. Box 9033 ■ Temecula. CA 9Z589-9033 ) 694-6440 • Fax (9571694-6477 ■ www.cirycfterrecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be fled. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fsk@cityoftemecia.org. Sincerely, Xuar�tk, AICP Senior Planner Enclosures: Conditions of Approval 0515 D157 Pnn-ed crr Req'=.qg'i NN]NrQ0121PA12-0041 Bank of MexiCart Food MOD%PlanninglAPPROVAL LTR.doc EXHIBIT F Pagel D158 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with regal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 056 G:IPLANN1NG%201ZPA12-0041 Bank of Mexican Food MMPran' IngT NAL COA-CUP.do❑ D 1 58 1 EXHIBIT F Pagel 0 0 D159 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the a>pansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain Cityapproval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8_ If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10, Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L..E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol small cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108). G:VLANNING120121PA12-0041 Bank of Mexican Food MC .ar._t.g1FiNAL COA-CUP.doc 2 D 159 EXHIBIT F Page12 0 D160 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. no" These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). Eive '1 I& Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter5.08 of the Municipal Code_ 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. G:IPLANNING12 IZPA12-0041 Bank of Mexican Food MO101&*J�WAL COXCUP.doc 3 D160 EXHIBIT F Pagel 0 D161 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9,00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (activelreservelretiredldependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. G:%PLANNING120121PA12-0041 Bank of Mexican Food Mabl �jT -INAL COA-CUP.doc D 161 EXHIBIT F Page14 28 0 Miscellaneous: D162 a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6.00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (,Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer_ (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. ILANNINGM12TA12-0941 Bank of McAcan Food Wr A- 3, ^ .1i TINAL CCA-CUP.doc 5 D162 EXHIBIT F Pagel D163 Citv of TemeculaAgrn-)_&�) Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92589.9033 (951) 694-8400 • FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Foot} 28645 Old Town Front Street Temecula, CA 92590 SUBJECT. Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit -- 17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'Yhematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overail development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in sire and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific G:IPLANNING1200SlPA,0-0236 Bank of Mexico Minor M01015"PPROVAL LETTER AOMINI5TRATIVE.doc \J C',� D163 EXHIBIT F Pagel e � D164 determined that the project is consistent with the Development Code and Old Town Specific _ Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law, No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed mirror modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter_ Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie.lecomte a@cityoftemecula.orq. Sincerely, Katie Innes Assistant Planner Kllks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 G:IPLANNINGI20081PA08-0236 Bank of MerliEh=OMPlanninglAPPROVAL LETTER ADMINISTRATiVE,do(D 1 64 EXHIBIT F Pagel D165 EXHIBIT A FINAL CONDMONS OF APPROVAL SCANNEM G DRWE: PERMITS PLUS, INMALS PLANNER: 0523 D 165 EXHIBIT F Pagel LM ACCEPTANCE OF COMMONS OF APPROVAL D166 I, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhif itA..'I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. SIGNA TUBE 0524 QA TE D166 EXHIBIT F Pagel D167 EXHIBIT A CITY OF TEMECULA FNA@_. Ca\ DUIONG OF APPROVAL Planning Appl,eat on l,'o.: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditlonal,USe Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Dank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 PASHCP Category: N/A DIF Category, N/A TUMF Category: NIA Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hoursof the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check asrequifed above, the approval for the project granted shall be void by reason of failure of condition (Fish_ and Game Code Section 711 A(c)). .PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document thnt w€il bcc provided by tho Planning Doportmcnt stOfF 0r10 4-tItUM 1 it, oocumem wim an original signature to the Planning Department,' General Requirements PL-3 , The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless; and defend the City with Legal Counsel of the . City's own selection from any and all claims, actions, awards, judgments,- or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0525 D 167. EXHIBIT F Page20 D168 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this .condition, to include any agency or mstrumentality.thereof, or any of its elected or appointed officials, officers, employees, consultants. contractors; legal 'counsel, and agents. ' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shalt further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-5. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances, changed circumstancesinclude, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or, modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this. Conditional Use Permit. PL-8. The permittee shail submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. PL-9 This approval shall be used within two years of the approval date,- .otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, PL-1 0, If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted'in one-year incr6ments only. PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohoi and Drugs (L.E.A.D.), or received training from any other program certified by 0526 D 168. EXHIBIT F Page21 D169- the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). PL-12. An 8.5" x 11' (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be pasted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090). PL-13., Regular hours of operation shall be as follows: Monday -Thursday 11a.m. to 10 p..m., -Friday 11 a.m. to 11 p m., Saturday 8 a-m. to 11 p.m. and Sunday 8 a:m. to 10 p.m. PL-14. In the case that the restaurant manager would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. . PL-15. "Last call" for alcohol service shall occur at 1:30 a.m. as consistent with California State Law, FL-16. A separate building permit shall be obtained prior to the' commencement of construction, -tenant improvement of other interior or exterior improvements requiring building permits. PL-17, All of the foregoing conditions shall be complied with prior to occupancy or any use " allowed by this permit. PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 0527 D169 EXHIBIT F Page22 • D170 Citv of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O, Box 9033 • Temccuia, CA 92599.9033 (951) 694-6400 9 FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie.lecomte(c�cityoftemecuia.org. Sincerely, a2�—a C �. Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G-. lanningl20071PA07-4314 The flank Upgrade to TypA.��SVIUP1PlanninglAPPROVAL LTR.doc 1- - EXHIBIT F D170 Page23 0 D171 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07-0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sate general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date. January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicantideveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Depariment. GAPlanningt2007tPA07.0314 The Bank Upgrade to Type 41* 4Plann{ngIRNAL COA-CUP_doc D171 EXHIBIT F Page24 • • D172 GENERAL REQUIREMENTS G:1Planning%2Q4771IPA07-0314 The Bank Upgrade to Type 40sp olPlanningWINAL COA-CUP,doc D 1 72 EXHIBIT F Page25 . • D173 Planning Department The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shalt be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code, 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved orconditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Uso Permit. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 9. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GAPIanning1200 APAda-0314 The dank Upgrade to Type 4 0r3,3 NPlanningXFINA1 COA-CUP,doc D 1 73 EXHIBIT F Page26 ! D174 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.F.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 12. An 8.5" x 11 " (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. toll p.m., Saturday 8 a.m. toll p.m. and Sunday 8 a_m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shalt be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing ccrttractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and GAPlannfng�2007'1PA07-0314 The Bank Upgrade to Type 47®r3f32P1ann!ng\FINAL COA-CUP.doc D 174 EXHIBIT F Page27 • 0 D175 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris, 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. —2:00 p,m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine), 25. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series), 26. Identification will be verified utilizing one of the following: a, A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal. State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Codo), a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAP1anningQ007NPA07•0314 The Bank Upgrade to Type 470i&"P1anninglFENAL COA-CUP.doc D 1 75 EXHIBIT F Page28 . • D176 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10,00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law, Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer, (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus, (Rule 143.3 CCR. Also violates sections 311.6 i'C if conduct is `obscene," e.g., intercourse, sodomy, masturbation, etc.) G:Wianningl20071PA07-0314 The Bank upgrade to Type 47 I0i 5QMP1anninglFlNAL COA-CUP.doc D 1 76 EXHIBIT F Page29 • + D177 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. final recommendations to ABC Riverside will be forwarded under separate cover. WPlanning120071PA07.0314 The Sank Upgrade to Type 40WoG%PlanningTINAL GOA•CUP.doc D 1 77 EXHIBIT F Page30 • • D178 DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA. APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1, Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G,1Planningl2007`,PA07-0314 The Bank Upgrade to Type 47 m0536nninglDH RESOLUTION EXEMPT FROM CEQA.doc D 178 EXHIBIT F Pa e31 • • D179 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits_ In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G:%P13rrning00071PA07-03 !4 The Bank Upgrade to Type 47 31 anning,Dll RESOLUTION EXEMPT FROM CEQAA)c D 179 2 EXHIBIT F Page32 • • D180 D- The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GiS data that the 5Q0 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G:IPlanning12007%PA07-0314 The Bank Upgrade to Type 47 MQ 5418ning\DH RESOLUTION EXEMPT FROM CEQA.d. D 1 80 EXHIBIT F Page33 D181 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3Id day of January 2008. Kathy Simpkins, Secr ary G-%Planning120071PA07-03 i4 The Bank Upgrade to Type 47 MiI sa%linglDH RESOLUTfON EXEMPT FROM CEQA_doc D 181 4 EXHIBIT F Page34 D182 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: -Ew2� PLANNER: ke orate GaPlanningi20MPA07-0314 The Bank Upgrade to Typ RPlanningTINAL GOA-CURdoc D182 EXHIBIT F Page35 • D183 ACCEPTANCE OF CONDITIONS OF APPROVAL 1, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. & -4- A /-/& 03, �e - 01Uo,1�17 SIGNAT E DATE GAPlanning1200TPA07-0314 The Bank upgrade to Type 470'%#L IPlanningT1NAL COA-CUP,doc D183 EXHIBIT F Page36 EXHIBIT G 0542 D 184 EXHIBIT G Pagel 8/24/22, 10:41 PM Gmail - The Bank CUP 2012 Gmail The Bank CUP 2012 4 messages Amanda Lane -Moore <my5kidsmama@gmail.com> To: Brad Landon <brad@bluejeanlawyer.com> D185 Amanda Moore <my5kidsmama@gmail.com> Thu, Mar 11, 2021 at 5:26 PM This is where music was added and the tam time was left out (I think is was just an error on the city's part) Thank you, Amanda CUP 2012.pdf 872K Amanda Moore <my5kidsmama@gmail.com> Sat, Sep 25, 2021 at 11:59 PM To: elsa.wigle@temeculaca.gov Sent from my iPhone Begin forwarded message: From: Amanda Lane -Moore <my5kidsmama@gmail.com> Date: March 11, 2021 at 5:26:06 PM PST To: Brad Landon <brad@bluejeanlawyer.com> Subject: The Bank CUP 2012 [Quoted text hidden] CUP 2012.pdf 872K Elsa Wigle <elsa.wigle@temeculaca.gov> Tue, Sep 28, 2021 at 5:56 PM To: Amanda Moore <my5kidsmama@gmail.com> Cc: Brian Clements<brian.clements@temeculaca.gov>, Brandon Rabidou<brandon. rabidou@temecuIaca.gov>, Edgar Gonzalez<edgar.gonzalez@temeculaca.gov>, Jesse LaRue <Jesse.LaRue@temeculaca.gov>, Randy Wood <randy.wood@temeculaca.gov> Amanda, I have gone through and done the research on your CUP permits through the city and what was applied for and approved. 0543 D 185 • PA07-0314 is the original CUP that was applied for and showed the floor plan with future patio use. The patio was not approved at this time and the floor plan even indicates that future gate and &x!ZH' I ro6me?a%43P38*74843... a the https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-L1 /3 8/24/22, 10:41 PM Gmail - The Bank CUP 2012 approval of a minor modification application. • PA09-0136 is the minor modification that came in for the patio that shows 4 concrete tables and benchesa-lS6 fencing for the patio area. This was approved for this type of use. • PA12-0041 was a modification to the PA07-0314 application for a Type 47 license to allow for dinner entertainment for the purpose of providing background music. This application was approved for that use. Sine your PA09-0136 application was never modified for the patio use, the existing use of tables and chairs remains in effect. The occupant load factor that we have given you still stands. Also your bar area showed table and chairs that were approved on the PA07-0314 application and part of the area is a waiting area. The bar area was never modified or approved for another use. The waiting area was never modified or changed on any of the applications The occupant load for the patio and bar area remain at 64. Also, based on our previous discussion, the area where you have your line in the patio area, if the customers have paid to wait in this area, they now become a paying customer and are part of the occupant load counts when we conduct them. If you would like to proceed to apply for modifications to your existing use, you will need to get with the planning department and submit the required documents and applications. Please let me know if you need anything else. Elsa Wigle Fire Marshal City of Temecula - Riverside County Fire (951) 240-4221 elsa.wigle@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Amanda Moore <my5kidsmama@gmail.com> Sent: Sunday, September 26, 2021 12:00 AM To: Elsa Wigle <elsa.wigle@temeculaca.gov> Subject: Fwd: The Bank CUP 2012 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. [Quoted text hidden] Amanda Moore <my5kidsmama@gmail.com> Wed, Sep 29, 2021 at 2:44 PM To: Elsa Wigle <elsa.wigle@temeculaca.gov> Cc: Brian Clements <brian.clements@temeculaca.gov>, Brandon Rabidou<brandon. rabidou@temecuIaca.gov>, Edgar Gonzalez<edgar.gonzalez@temeculaca.gov>, Jesse LaRue <Jesse.LaRue@temeculaca.gov>, Randy Wood <randy.wood@temeculaca.gov> What about the time modification that was approved? I'll(y.54c�t again. Thank you, V D 186 Amanda Lane EXHIBIT G Pa�e3 https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-a%3 3874843... 2/3 8/24/22, 10:41 PM Gmail - The Bank CUP 2012 Sent from my Phone D187 On Sep 28, 2021, at 5:56 PM, Elsa Wigle <elsa.wigle@temeculaca.gov> wrote: [Quoted text hidden] 0545 D 187 EXHIBIT G Pa�e4 https://mai1.googIe.com/mail/u/0/?ik=8706023ccd&view=pt&search=all&permthid=thread-a%3Ar-5670440734407595619&simpI=msg-a%3 3874843... 3/3 EXHIBIT H 0546 D 188 EXHIBIT H Pagel 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP M Gmail Re: FW: Bank CUP 2 messages Craig Puma <cpumavi@gmail.com> To: Luke Watson <luke.watson@temeculaca.gov> Cc: Amanda Lane <bankofinex@gmail.com>, Christy Puma <mepuma1 @gmail.com> Hello Luke, D189 The Bank <bankofinex@gmail.com> Fri, Mar 5, 2021 at 1:48 PM Hope all is well. I am trying to get this issue cleared up regarding the hours at The Bank. As you know, Christy and I are still owners at The Bank and Amanda and Ryan are continuing the process of taking over the restaurant. Due to the Covid pandemic this has gone a lot slower than expected. They do need to fine tune the structure of the restaurant and specific needs to make it successful. Hours of operation is a huge part of that. As for hours. Here is the history: In February 2007, Christy and I opened as the new owners. At that time we did not want to stay open late. So, I put what our intended hours were. October 2007 - February 2008, we got the full liquor license and asked for extended hours. Which was ultimately standard hours for a restaurant and bar - 2am closing with last call at 1:30 am. In 2012 we applied for a Minor Mod to allow us to have indoor music. At that time, I believe and error was made and the hours were taken from the original Conditions, requiring we close at 10pm during the week and 11 pm on Friday and Saturday except for Cinco De Mayo and other holidays. We continued to stay open until 2am since. For a brief period, in 2016, 1 believe, Christy and I made the decision to close at 1 am. Last call was at 12:30am. That was our choice due to the town getting a bit crazy after lam. We have never been told to close before 2am and we have always been responsible business owners. So now we are up to today. I understand there is a lot of bad element relating to other bars in Old Town. The Bank is not part of that problem and in fact has been commended by police at our efforts to offer a safe and healthy environment. Would you work with Amanda Moore and do a Director's Review for hours only? That way The Bank, The City and the ABC will all match up with what is expected. Amanda will be contacting you to meet and discuss. She is now VP of CNC Puma Corporation and has all authorization to act on mine and Christy's behalf. She will go through the Minor Mod with you to discuss conflicts and needs. I appreciate your assistance to get things in order. Thanks Craig Puma The Bank of Mexican Food On Fri, Feb 19, 2021 at 3:40 PM Luke Watson <luke.watson@temeculaca.gov> wrote: Craig, This is what the City has officially on the books. 0547 Luke Watson Director of Community Development EXHIBIT H Paq�e2 https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-MM16 4302107... 1/6 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP City of Temecula (951) 694-6415 D 190 luke.watson@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Stuart Fisk <stuart.fisk@temeculaca.gov> Sent: Wednesday, February 17, 2021 12:45 PM To: Luke Watson <luke.watson@temeculaca.gov> Cc: Brandon Rabidou <brandon.rabidou@temeculaca.gov> Subject: FW: Bank CUP Verified CityAccount Luke: Attached is what Brandon was able to find for CUP related applications. PA12-0041 is the latest he found (and I do not recall any more recent applications). COA #12 list different hours for different days of the week — the latest being 11 p.m. on Friday and Saturday (Holidays and Cinco de Mayo until midnight). The COA for hours of operation were from the 2007 CUP application — in the 2012 application they requested to go until 1 a.m., but we only allowed for live entertainment with that application and did not extend their hours. Stuart Fisk Planning Manager City of Temecula (951) 506-5159 stuart.fisk@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Brandon Rabidou Sent: Tuesday, January 19, 2021 4:52 PM To: Luke Watson <luke.watson@temeculaca.gov>; Stuart Fisk <stuart.fisk@temeculaca.gov> Subject: RE: Bank CUP o Verified City Account Here's everything I could find in Permits Plus/Laserfiche/EnerGov related to CUP/MOD to CUP, etc. Looks like the PA12-0041 is the most recent. Brandon Rabidou 0548 D 190 Associate Planner I City of Temecula EXHIBIT H Paq�e3 https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 2/6 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP (951) 506-5142 brandon.rabidou@TemeculaCA.gov D 191 TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Luke Watson Sent: Tuesday, January 19, 2021 4:46 PM To: Stuart Fisk <stuart.fisk@temeculaca.gov>; Brandon Rabidou <brandon.rabidou@temeculaca.gov> Subject: RE: Bank CUP qO Verified City Account No. Just the closing hours are so early. Luke Watson Director of Community Development City of Temecula (951)694-6415 luke.watson@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Stuart Fisk <stuart.fisk@temeculaca.gov> Sent: Tuesday, January 19, 2021 4:45 PM To: Luke Watson <luke.watson@temeculaca.gov>; Brandon Rabidou <brandon.rabidou@temeculaca.gov> Subject: RE: Bank CUP Verified City Account I don't recall taking anything to hearing to modify their hours. Are you recalling something? Stuart Fisk Planning Manager City of Temecula (951) 506-5159 stuart.fisk@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Luke Watson 0549 D 191 Sent: Tuesday, January 19, 2021 4:43 PM EXHIBIT H Paq�e4 https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 3/6 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP To: Brandon Rabidou <brandon.rabidou@temeculaca.gov>; Stuart Fisk <stuart.fisk@temeculaca.gov> Subject: RE: Bank CUP D 192 Verified City Account This can't be the most up to date can it?? Luke Watson Director of Community Development City of Temecula (951)694-6415 luke.watson@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Brandon Rabidou <brandon.rabidou@temeculaca.gov> Sent: Tuesday, January 19, 2021 4:39 PM To: Stuart Fisk <stuart.fisk@temeculaca.gov> Cc: Luke Watson <luke.watson@temeculaca.gov> Subject: RE: Bank CUP Verified City Account Here is the latest MOD for the CUP that I could find quickly. Didn't have time to dig into every last file. The hours are in the attachment. Brandon Rabidou Associate Planner I City of Temecula (951) 506-5142 brandon.rabidou@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Stuart Fisk Sent: Tuesday, January 19, 2021 4:25 PM To: Brandon Rabidou <brandon.rabidou@temeculaca.gov> Cc: Luke Watson <luke.watson@temeculaca.gov> Subject: FW: Bank CUP 0550 it Verified City Account D192 EXHIBIT H Paq�e5 https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 4/6 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP Brandon: Please take a look to see what you can find on this. Thanks, Stuart Fisk D193 Planning Manager City of Temecula (951) 506-5159 stuart.fisk@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Luke Watson Sent: Tuesday, January 19, 2021 4:08 PM To: Stuart Fisk <stuart.fisk@temeculaca.gov> Subject: Bank CUP Verified City Account Stuart, Can you have someone look up the Banks COA on when they have to close at night. Thanks Luke Watson Director of Community Development City of Temecula (951)694-6415 luke.watson@TemeculaCA.gov 41000 Main St, Temecula, CA 92590 J11 Please note that email correspondence with the City of Te i 56long with attachments, may be subject to the Califor�r i� Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. 93 EXHIBIT H Paq�e6 https://mail.google.com/mail/u/l/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-f%3A16 4302107... 5/6 8/24/22, 10:58 PM Gmail - Re: FW: Bank CUP D194 Craig Puma Sent from my Google Email Account The Bank <bankofinex@gmail.com> To: norm@metro-resources.com Sent from my iPhone Begin forwarded message: From: Craig Puma <cpumavi@gmail.com> Date: March 5, 2021 at 1:48:18 PM PST To: Luke Watson <luke.watson@temeculaca.gov> Cc: Amanda Lane <bankofinex@gmail.com>, Christy Puma <mepuma1 @gmail.com> Subject: Re: FW: Bank CUP [Quoted text hidden] 111;1-*' Tue, Jul 12, 2022 at 10:22 PM D194 EXHIBIT H Paq�e7 https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693430210797281723&simpl=msg-MM16 4302107... 6/6 D195 EXHIBIT 0553 D 195 EXHIBIT I Pagel 8/24/22, 10:47 PM Gmail - Fwd: The Bank D196 Gmail The Bank <bankofinex@gmail.com> Fwd: The Bank 4 messages Craig Puma <cpumavi@gmail.com> Wed, Mar 3, 2021 at 10:44 AM To: Amanda Lane <bankofinex@gmail.com> Item PL14 will clear up any issues that you have. It shows that the restaurant can stay up until tam ---------- Forwarded message --------- From: Reveles, Angela@ABC <Angela.Reveles@abc.ca.gov> Date: Wed, Mar 3, 2021 at 10:57 AM Subject: The Bank To: Craig Puma (cpumavi@gmail.com) <cpumavi@gmail.com> Good Morning Craig, I finally found the CUP ... you have the original CUP, the minor modification for the Patio and a modification for the hours. I sent you the CUP for the hours and attached a copy of the conditions. The hours of operation are with the city only .... you have no hour restrictions with ABC on your conditions. Hope this helps, have a good day! Angela Craig Puma Sent from my Google Email Account -i ABC- _20210303_095103.pdf 3874K Craig Puma <cpumavi@gmail.com> Wed, Mar 3, 2021 at 10:46 AM To: Amanda Lane <bankofinex@gmail.com> This is exactly what I needed. Thank you so much. Have a great day. [Quoted text hidden] Craig Puma <cpumavi@gmail.com> Wed, Mar 3, 2021 at 10:48 AM To: Luke Watson <luke.watson@temeculaca.gov> Cc: Amanda Lane <bankofinex@gmail.com> Hello Luke, I'm not sure why you don't have these conditions in the file for The Bank, but here's a copy for you. Thank you Craig [Quoted text hidden] 0554 D196 ABC -_20210303_095103.pdf EXHIBIT I Paae2 https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693237481109876038&simpl=msg-f%3A16 2374811... 1/2 8/24/22, 10:47 PM 'n 3874K Gmail - Fwd: The Bank D197 Craig Puma <cpumavi@gmail.com> Thu, Oct 28, 2021 at 4:51 PM To: Amanda Lane <bankofinex@gmail.com>, Ryan Parent <rparent@sdiappraisal.com>, Luke Hendrix <I uke@jl hlawoffices.com> Hello all, Attached is the letter from the ABC stating hours were approved. The City duplicated these hours and then rescinded when we asked, 4 years later, to allow us to have indoor music. They attached the wrong hours to the file and I did not catch it. Hope this helps. [Quoted text hidden] ABC- _20210303_095103.pdf 3874K 0555 D197 EXHIBIT I Paae3 https://mail.google.com/mail/u/1/?ik=deOc68677f&view=pt&search=all&permthid=thread-f%3Al693237481109876038&simpl=msg-f%3A16 2374811... 2/2 EXHIBIT J 0556 D 198 EXHIBIT J Pagel ■ PRIVATE PATROL OPERATOR (PPO) 1. Person/business that employs security guard(s) (SG) and contracts them out to another person/business must hold PPO license. 2. Person licensed as PPO may perform SG duties without holding SG registration. 3. SG must be employee on PPO payroll; independent contractor (i.e.,"1099") not permitted. 4. PPO may employ unarmed or armed SG (firearm or baton). 5. PPO cannot employ proprietary private security officer (PSO) and contract that PSO out to another person or business. 6. UNLICENSED ACTIVITY. BPC 7582.3 mandates licensure; misdemeanor pursuant to BPC 7582.3(b) and misdemeanor pursuant to BPC 16240. ■ SECURITY GUARD (SG) 1. Person employed by PPO to provide security services to another person or business must hold SG registration. 2. Armed SG may only be employed by a PPO, the state, or a political subdivision of the state. 3. Armed SG must possess BSIS firearms permit and only carry firearm of caliber listed on permit. 4. Armed SG (baton or firearm) must be in a uniform with shoulder patch and badge approved by Bureau (BPC 7582.27). 5. SG may not contract themselves out for security services unless they also hold a PPO license. 6. SG carrying concealed firearm while on duty must possess CCW permit and a BSIS firearms permit. 7. UNLICENSED ACTIVITY. BPC 7583.9 mandates licensure; misdemeanor pursuant to BPC 16240. BUREAU OF SECURITY AND INVESTIGATIVE SERVICES P.O. Box 989002, West Sacramento, CA 95798-9002 P (916) 322-4000 P (800) 952-5210 F (916) 575-7290 WWW.BSIS.CA.GOV d a ... 0 PDE 21-252 PROPRIETARY PRIVATE SECURITY EMPLOYER (PSE) 1. Person/business that employs proprietary private security officer (PSO) must hold PSE registration if PSO wears distinctive uniform identifying them as "security" and PSO interacts with public when performing private security duties. 2. Person with PSE registration may not perform PSO duties unless they also hold a PSO registration. 3. PSO must be employee on PSE payroll; independent contractor (i.e.,"1099") not permitted. 4. PSE cannot employ armed PSO or armed SG (firearm or baton). 5. PSE cannot contract out PSO to another person or business. 6. UNLICENSED ACTIVITY. BPC 7574.12 mandates licensure; misdemeanor pursuant to BPC 16240. PROPRIETARY PRIVATE SECURITY OFFICER (PSO) 1. Person employed by PSE who wears distinctive uniform identifying them as "security officer" and who interacts with the public while performing private security services must hold PSO registration. 2. PSO must be employed by PSE and only provide security services to PSE. 3. PSO may not contract out security services. 4. PSO may not work for a PPO. 5. PSO may not carry/use a firearm or baton. 6. UNLICENSED ACTIVITY: Infraction citation with minimum fine of $250 and maximum of $1,000 pursuant to BPC 7574.32, and misdemeanor pursuant to BPC 16240. Inc. Date Day Inc. Time Call Type 07/03/2021 Saturday 02:09:26 10851P Stolen Vehicle 07/04/2021 Sunday 01:30:24 242P Missdimeanor Assault with no weapons or Injury 07/13/2021 Tuesday 08:49:30 487P Grand Theft in Progress 07/16/2021 Friday 01:38:39 647F Public Intoxication 07/17/2021 Saturday 03:30:57 488P Petty Theft in Progress 07/18/2021 Sunday 01:57:12 415 Disturbing the Peace 08/01/2021 Sunday 04:57:25 SCIRC Suspicious Circumstances 08/07/2021 Saturday 06:58:12 ALARM Alarm, False Alarm 08/15/2021 Sunday 03:05:06 647F Public Intoxication 08/20/2021 Friday 01:00:15 415 Disturbing the Peace i 08/21/2021 Saturday 10:40:28 647F Public Intoxication 08/29/2021 Sunday 12:30:29 242J Missdimeanor Assault with no weapons or Injury 09/05/2021 Sunday 01:4120 415 Disturbing the Peace 09/10/2021 Friday 01:14:05 SINFO Suspect Information 09/12/2021 Sunday 06:44:15 242 Battery 10/02/2021 Saturday 09:06:11 MCRIMI Miscellaneous/Criminal 10/16/2021 Saturday 06:35:16 415 Disturbing the Peace 10/17/2021 Sunday 07:54:42 242J Missdimeanor Assault with no weapons or Injury 10/30/2021 Saturday 11:25:24 415 Disturbing the Peace 11/14/2021 Sunday 03:12:39 242P Missdimeanor Assault with no weapons or Injury 11/19/2021 Friday 01:50:28 245 Assault with a Deadly Weapon 11/23/2021 Tuesday 04:34:11 FU Follow Up 11/24/2021 Wednesday 06:20:57 211S Robbery Alarm, Silent 11/27/2021 Saturday 01:56:58 246.3 Negligent Discharge of a Firearm 11/27/2021 Saturday 02:20:01 245P Assault with a Deadly Weapon 12/26/2021 Sunday 09:13:49 SPERS Suspicious Person 01/02/2022 Sunday 02:40:29 FPROPE Found Property 01/09/2022 Sunday 10:42:19 187 Murder 01/11/2022 Tuesday 07:03:44 FU Follow Up 01/13/2022 Thursday 10:37:32 WEAPON Weapons Violation 01/28/2022 Friday 10:13:51 415 Disturbing the Peace 01/29/2022 Saturday 02:35:04 647F Public Intoxication 02/14/2022 Monday 11:30:36 LPROPE Lost Property 03/11/2022 Friday 11:45:07 PASSIS Public Assist 03/27/2022 Sunday 02:27:23 242 Battery 03/27/2022 Sunday 04:57:24 23152 Driving Under the Influence 04/03/2022 Sunday 05:39:03 415 Disturbing the Peace 05/15/2022 Sunday 01:57:03 SCIRC Suspicious Circumstances 05/29/2022 Sunday 01:06:17 242 Battery 07/16/2022 Saturday 11:28:25 AOD Assist Other Department Call Number Officer Officer Name 1 Address City Rc Time Di Time Ar Time Cl Time Disp Written 1 0 TE-211840029 N3162 MARTINEZ, SARA 28645 OLD TOWN FRONT ST TEMECULA 07/03/2021 02:09:26 07/03/2021 02:12:41 07/03/2021 02:14:04 07/03/2021 03:10:55 R YES TE-211850084 4698 JACOBO, THOMAS 28645 OLD TOWN FRONT ST TEMECULA 07/04/2021 01:30:24 07/04/2021 01:31:03 07/04/2021 01:58:25 07/04/2021 03:06:32 R YES TE-211940037 5671 HERNANDEZ, DELILAH 28645 OLD TOWN FRONT ST TEMECULA TE-211970010 5144 COLINA, NOEL 28645 OLD TOWN FRONT ST TEMECULA TE-211980030 5307 WAMBAUGH, ASHLEY 28645 OLD TOWN FRONT ST TEMECULA TE-211990023 3649 GUIMONT, WILLIAM 28645 OLD TOWN FRONT ST TEMECULA TE-212130132 5270 SIAW, SAMANTHA 28645 OLD TOWN FRONT ST TEMECULA TE-212190026 4323 HOCTOR, DANIEL 28645 OLD TOWN FRONT ST TEMECULA TE-212270027 5375 CATALINE, DYLAN 28645 OLD TOWN FRONT ST TEMECULA TE-212320005 5375 CATALINE, DYLAN 28645 OLD TOWN FRONT ST TEMECULA TE-212330209 3910 GOMEZ, SONIA 28645 OLD TOWN FRONT ST TEMECULA TE-212410008 5104 BOWMAN, ROBERT .28645 OLD TOWN FRONT ST TEMECULA TE-212480015 4818 WEBER, CHRISTINA 28645 OLD TOWN FRONT ST TEMECULA TE-212530004 4674 MURPHY, KORY 28645 OLD TOWN FRONT ST TEMECULA TE-212550132 5104 BOWMAN, ROBERT 28645 OLD TOWN FRONT ST TEMECULA TE-212750217 3910 GOMEZ, SONIA 28645 OLD TOWN FRONT ST TEMECULA TE-212890147 4286 VALTIERRA, ADOLFO 28645 OLD TOWN FRONT ST TEMECULA TE-212900157 5729 CHIRAFISI, NICHOLAS 28645 OLD TOWN FRONT ST TEMECULA 07/13/202108:49:30 07/13/202111:14:09 07/13/202111:21:17 07/13/202111:51:30 R YES 07/16/202101:38:39 07/16/202102:00:58 07/16/202102:09:22 07/16/202103:40:55 RA YES 07/17/202103:30:57 07/17/202106:43:11 07/17/202106:44:18 07/17/202106:46:16 NS NO 07/18/202101:57:12 07/18/202101:57:13 07/18/202101:57:13 07/18/202102:10:14 NE NO 08/01/202104:57:25 08/01/202105:10:48 08/01/202105:33:36 08/01/202109:30:43 R YES 08/07/202106:58:12 08/07/202106:58:43 08/07/202107:00:00 08/07/202107:04:32 NE NO 08/15/202103:05:06 08/15/202103:05:52 08/15/202103:10:53 08/15/202105:10:22 RA YES 08/20/202101:00:15 08/20/202101:07:34 08/20/202101:10:42 08/20/202101:11:59 NE NO 08/21/202110:40:28 08/21/202110:42:10 08/21/202110:48:30 08/21/202110:57:55 NE NO 08/29/202112:30:29 08/29/202112:31:58 08/29/202112:31:58 08/29/202112:57:18 R YES 09/05/202101:41:20 09/05/202101:4217 09/05/20210'1i42.17 09/05/202102:48:15 NE NO 09/10/2021 01:14:05 09/10/2021 01:32:58 09/10/2021 01:39:45 09/10/2021 02:50:30 W YES 09/12/202106:44:15 09/12/202106:44:16 09/12/202106:44:16 09/12/202107:08:18 R YES 10/02/202109:06:11 10/021202109:06:34 10/02/202109:07:23 10/02/202109:42:26 NE NO 10/16/202106:35:16 10/16/202106:37:52 10/16/202106:42:16 10/16/202106:45:24 NE NO 10/17/202107:53:45 10/17/202107:57:51 10/17/202108:01:29 NO TE-213030248 4286 VALTIERRA, ADOLFO 28645 OLD TOWN FRONT ST TEMECULA 10/30/2021 11:25:24 10/30/2021 11:25:25 10/30/2021 11:25:25 10/30/2021 11:31:08 NE NO TE-213180033 5918 ROBLES,CARLOS 28645 OLD TOWN FRONT ST TEMECULA 11/14/2021 03:12:39 11/14/2021 06:56:11 11/14/2021 07:03:17 11/14/2021 08:39:02 R YES TE-213230007 3910 GOMEZ, SONIA 28645 OLD TOWN FRONT ST TEMECULA 11/19/2021 01:49:01 11/19/2021 01:53:32 11/19/2021 01:55:28 11/19/2021 02,42,54 R YES TE-213270156 4809 RISEN, ADAM 28645 OLD TOWN FRONT ST TEMECULA 11/23/2021 04:34:11 11/23/2021 04:49:27 11/23/2021 04:49:27 11/23/2021 05:14:44 FU NO TE-213280017 4733 ZABOROWSKI, JULIE 28645 OLD TOWN FRONT ST TEMECULA 11/24/2021 06:20:57 11/24/2021 06:22:19 11/24/2021 06:25:33 11/24/2021 06:30:20 NE NO TE-213310034 2618 HURD, JEFF 28645 OLD TOWN FRONT ST TEMECULA 11/27/2021 01:56:58 11/27/2021 01:58:30 11/27/2021 01:58:30 11/27/2021 01:58:31 NE NO TE-213310039 3398 STAAT. CHAD 28645 OLD TOWN FRONT ST TEMECULA 11/27/2021 02:20:01 11/27/2021 02:25:16 11/27/2021 02:39:06 11/27/2021 05:44:42 R YES TE-213600027 6025 28645 OLD TOWN FRONT ST TEMECULA 12/26/2021 09:13:49 12/26/2021 09:15:58 12/26/2021 09:21:56 12/26/2021 09:37:14 TE-220020013 5348 JOHNSON, MATTHEW 28645 OLD TOWN FRONT ST TEMECULA 01/02/2022 02:40:29 01/02/2022 02:55:12 01/02/2022 03:02:53 01/02/2022 03:11:18 TE-220090140 3649 GUIMONT, WILLIAM 28645 OLD TOWN FRONT ST TEMECULA 01/09/2022 10:42:19 01/09/2022 10:43:01 01/09/2022 10:44:41 01/10/2022 04:25:28 TE-220110172 4698 JACOBO, THOMAS 28645 OLD TOWN FRONT ST TEMECULA 01/11/2022 07:03:44 01/11/2022 07:12:54 01/11/2022 07:20:15 01/11/2022 08:29:55 TE-220130226 4955 HEPHNER, JOSHUA 28645 OLD TOWN FRONT ST TEMECULA 01/13/2022 10:37:32 01/13/2022 10:37:33 01/13/2022 10:37:33 01/14/2022 12:46:22 TE-220280224 5583 AU, KEVIN 28645 OLD TOWN FRONT ST TEMECULA 01/28/2022 10:13:51 01/28/2022 10:15:38 01/28/2022 10:15:49 01/28/2022 10:32:43 TE-220290015 6025 28645 OLD TOWN FRONT ST TEMECULA 01/29/2022 02:35:04 01/29/2022 02:35:36 01/29/2022 02:36:01 01/29/2022 03:41:03 TE-220450080 N5953 VICKERS,BELINDA 28645 OLD TOWN FRONT ST TEMECULA 02/14/2022 11:30:36 02/14/2022 11:52:28 02/14/2022 12:10:09 02/14/2022 12:37:03 TE-220700118 4162 GARCIA, ELISEO 28645 OLD TOWN FRONT ST TEMECULA 03/11/2022 11:45:07 03/11/2022 11:49:12 03/11/2022 12:14:55 03/11/2022 12:23:12 TE-220860024 4955 HEPHNER, JOSHUA 28645 OLD TOWN FRONT ST TEMECULA 03/27/2022 02:27:23 03/27/2022 02:27:24 03/27/2022 02:27:24 03/27/2022 02:28:51 TE-220860032 4323 HOCTOR, DANIEL 28645 OLD TOWN FRONT ST TEMECULA 03/27/2022 04:57:24 03/27/2022 05:28:44 03/27/2022 05:37:45 03/27/2022 05:42:26 TE-220930120 4831 SULTAN, ADAM 28645 OLD TOWN FRONT ST TEMECULA 04/03/2022 05:39:03 04/03/2022 05:40:11 04/03/2022 05:59:04 04/03/2022 07:10:54 TE-221350008 4286 VALTIERRA, ADOLFO 28645 OLD TOWN FRONT ST TEMECULA 05/15/2022 01:57:03 05/15/2022 02:01:05 05/15/2022 02:01:19 05/15/2022 02:05:53 TE-221490017 2654 SAWYER, JOHN 28645 OLD TOWN FRONT ST TEMECULA 05/29/2022 01:06:17 05/29/2022 01:06:18 05/29/2022 01:06:18 05/29/2022 01:29:36 TE-221970060 2654 SAWYER, JOHN 28645 OLD TOWN FRONT ST TEMECULA 07/16/2022 11:28:25 07/16/2022 11:28:34 07/16/2022 11:33:45 07/16/2022 11:40:50 0558 EXHIBIT K Pagel NE NO NS NO R YES FU NO RA YES NE NO RA YES R YES NE NO NE NO NS NO NE NO NS NO NS NO NE NO D200 D200 D201 Inc Date Inc. Time Call Type 0]/02/2021 05:06:4] ALARM Alarm, False Alarm Call Number TE-211830164 O&cer1 4132 Oficer Na 1 RAMOS, JOEL Add— 28]210LO TOWN FRONT ST City TEMECULA FC TIme 01102/202105:06:47 Di Tlme Ar Tlme Cl Time Gl 07/02/202105:08:42 07/02ISID 05:24:25 0710MO2105:28:23 NE Wnhen N+A3:( 07/08/2021 11:39:33 602 Trespassing TE-211890206 3398 STAAT,CHAD 28721 OLD TOWN FRONT ST TEMECULA 01/081202111: 39:33 07108/202111:46'.56 0]108/202111:58024 01I09120211246: 14 RA YES 17118/2021 02:35:02 415DV Disturbing the Peace TE-211990029 5195 MARTIN, TIMOTHY 28721 OLD TOWN FRONT ST TEMECULA 0]I18/202102:35:02 0]/181202102:3]:30 07118I202102:58:48 07I18/2021041529 NE NO D]/25/2021 O'06:'1 415 Dis ,bing the Peace TE-212MO143 5]29 CHIRAFISI, NICHOLAS 28]210LDTOWNFRONTST TEMECUTA O112&202105'06: 15 0]25I20210609:47 D1/251202105:24:53 0712MO2106:45: 14 NE NO 08/0]2021 01:15:2] 64]F Public lnoxicatim TE-212190009 4818 WEBER, CHRISTINA 28721 OLDTOWNFRONTST TEMECULA 08/0]1202101: 1527 0810]/202101: 18'.50 08/07/202101: 18'.50 08/071202103'.03:50 RA YES 08/13/2021 01:50:30 23152 Driving Under [he ln0uence TE-212250008 5650 ORTIZ, JAIME 28]21OLDTOWN FRONT ST TEMECULA 08I13I202101:50:30 08113/202101:5108 08/13/202101:5424 08/112021064257 RA YES OB/29/2021 12:OL44 ADD Assist Other Department TE-212410100 52]0 SIAW, SAMANTHA 28721 OLD TOWN FRONT ST TEMECULA OB129/202112'02:44 W291202112: 15:30 0&29I20211223:30 08I29/202112:48:59 NE NO 09 ,SlI21 D7:19:0] ALARM Al.., False Alarm TE-2125DW13 3730 NELSON, BRIAN 28721 OLD TOWN FRONT ST TEMECUTA OW07120210]:19:07 OWO]1202101: 19:25 D9/07I202101:31:12 0910]/2D210]39: W NE NO 09/D]/2021 08:38:51 ALARM Al—, False Al.- TE-2125DWM Um BROWN, 28721 OLD TOWN FRONTST TEMECULA 09107120210838:51 oW071202108:4149 09107IM2108.4,124 NE NO CHRISTOPHER 09/16/2021 10:35:01 PASSIS TE-212590210 3910 GOMEZ,SONIA 28721 OLDTOWNFRONTST TEMECUTA 0911&2D2110:35:D1 0916/20211036.46 09/16I202110:43:43 09116/2021105251 NE NO 09/19/2021 01:56:54 416 Disturbing the Peace TE-21262W3] 4286 VALTIERRA, ADOLFO 28721 OLD TOWN FRONT ST TEMECUTA 09/19/2021081 654 09/191202101:56:56 09/19120210156:55 09I19/202102:04: 13 NE NO 09/23/2021 08:25:39 KPEACE Keep the Peace TE-212N 232 4286 VALTIERRA, ADOLFO 28721 OLD TO N FRONT ST TEMECULA 09123/202108:2539 09123/202108:33:38 09/2&202108:33.38 09I2&2021 U39:44 NE NO 10/07/2021 11:58:23 415 Di.,bing the Peace TE-212N0311 4491 VEROSTEK, PAUL 28721 OLDTOW N FRONT ST TEMECULA 1&0]/202111:58:23 101071202111:M:28 IWO1202111:M-28 10IM0211211: 15 NE NO 10/23/2021 08:0]48 415 Disturbing the Peace TE-212%01]1 4698 JACOBO, THOMAS 28721 OLD TO N FRONT ST TEMECULA 10I2&2D21 O8:0148 10123/202108:08:08 1&231202109:01:36 10I2&2021090632 NE NO 10/29/2021 084924 1182N Accident, Property Damage TE-2130202N N599] ODEN,CHARLES 28721 OLD TOWN FRONT ST TEMECULA 1012912021084924 IW291202108:65.02 10/29I202109:00:14 10129/2021 N-11: 12 NE NO 11/05/2021 02:31:21 FU Fdlow Up TE-213ON137 4974 CUNANAN, RANDY 28721 OLD TOWN FRONT ST TEMECULA 1110&202102:3]:21 11105/202106:05:00 11/DS/2D2106:05: 10 FU NO 11/062021 08:45:06 415 Disturbing the Peace TE-213100215 51" BOWMAN, ROBERT STAMPEDE-28721OLD TOWN FRONT ST TEMECULA 11106/2021 W 45:06 11106/202108:45'.07 /1/O6I202108:46:0] 1110&2021 W5241 NE NO 11,10:55:21 TRO Violation of Restrainging Order TE-213100276 3398 STAAT,CHAD 28721 OLDTOW NFRONTST TEMECULA 11/0&2021105521 11106120211069.27 i11061202111:3953 NS NO 11/09/2021 0529:19 ALARM Al—, False Alarm TE-213130015 418] ENGELS, DANIEL 28721 OLD TOWN FRONT ST TEMECUTA i1109/2021052919 11109/202106:01:36 11109120210&28:22 11109/202106:35: tO NE NO 11/13/2021 06:19:27 LPROPE U.Pr ,Iy TE-2131]0153 4818 WE ER, CHRISTINA 28721 OLD TOWN FRONT ST TEMECUTA 11I1&202106: 19:27 11/1&202106:21:34 ifli312I)DI N 34: 19 NE NO 11/13/2021 08:4045 415 Di—bing the Peace TE-2131]0190 4818 WEBER, CHRISTINA 28721 OLDTOWN FRONTST TEMECUTA 1111&20210849:45 11/1312021085028 11/1312021085049 11113/202109:05:53 NE NO 11/15/2021 01:56:46 MPERSO Missing Person TE-213190006 46" WOODS, RONALD 28721 OLD TOWN FRONT ST TEMECULA 1111&202101:56:46 11115/202101:5]:57 11/1&202102:00:34 1111&202f02:41:D9 NS NO 11/15/2021 0256:08 MPERSO Missing Person TE-213190010 5]29 CHIRAFISI, NICHOL45 28121 OLD TOWN FRONT ST TEMECULA i1I15/202102:56:08 11/15I20210348:04 11/1&202103:48:09 1111&202104:05:13 NE NO 11/182021 D]:00:52 ALARM Al—, False Al.- TE-213220018 3438 KEENEV, BRIAN 28721 OLD TOWN FRONT ST TEMECULA 1111 &20210]:0052 11/i8120210]:D3'22 11/i8120210];09:53 1fli&2021 OT.16:06 N NO 11/182021 10:44:24 KPEACE Keep the Peace TE-213220202 3910 GOMEZ, SONIA 28721 OLDTOW N FRONTST TEMECULA 1111&202110:44:24 1111812021104853 11/1812021105835 1111&202111:0826 NE NO 11/21/2021 D9:17:U ALARM Alarm, False Al.- TE-213250039 4175 DUHAMEL, CHAD 28721 OLDTOW NFRONTST TEMECUTA 11121/202109: i]:O6 11M12021091751 11M12021093058 11121/2021093,1 NE NO 11/22/2021 D1:52A AGO Assist Other Depatment TE-213UW99 5104 BOWMAN, ROBERT 28]210LD TOWN FRONT ST TEMECUTA 11I2D202101:52:48 111221202102:02: 16 11/22I202102:03:32 1112MD2102: 16:51 NE NO 11/29/2021 01:13:43 FRAUD Frautl TE-213330100 6018 28]21 OLD TOWNFRONTST TEMECULA if129/202101:1343 11/29I202101:23:15 it/29I202101:28:30 ifl2&20210146:50 NS NO 12/03/2021 10:58:59 415 Di—bing the Peace TE-2133]0234 5398 HALL, WHILLIS 28]21 OLD TOWN FRONT ST TEMECULA 121OW202110:58:59 12/03I20211059:00 12/03I202110;59:00 12I0&202110.to NE NO 12/03/2021 11:3245 23152 Driving Under the Influence TE-213370245 5398 HALL, WHILLIS 28721 OLD TOWN FRONT ST TEMECULA 12103/202111:3245 1 D03/202111:3246 1 DO/202111:32:46 12I041202104:0143 RA YES 01/10/2022 D]:5204 ALARM Al... False Alarm TE-2201OW24 5918 ROBLES,CARLOS 28]21 OLD TOWN FRONT ST TEMECUTA 01110/2022015204 01/10/20220]54:25 Oi/10I2022080521 01/101202208: 18:27 NE NO 01/162022 0253:39 597 Animal Cmdty TE-22016001] 6073 28721 OLD TOWN FRONT ST TEMECUTA 01116/20220253:39 DIMS 202202:53:58 Ot/161202203;D3:33 01116/2022031826 NU NO 01/21/2022 12:50:10 HE Health B Safety Code Violation TE-220210007 4955 HEPHNER, JOSHUA 28721 OLD TOWN FRONT ST TEMECULA 01/21120221250: 10 01/21/202212:50: 11 01I21I20221250'. 11 01I2V202202,19:25 RA YES 01/21/20Z2 DIRT 416 Di.ting the Peace TE-220210010 3398 START, CHAD 28721 OLD TOWN FRONT ST TEMECULA 01121/2022014]:22 01121120220147.23 01/2112022014]:23 01121/2022015450 NE NO 01/28/2022 0428:2] 242P Battery in Progress TE-22028014] 4955 HEPHNER, JOSHUA 28721 OLDTOWNFRONTST TEMECULA 0112&2022 Nt 28:297 0112 /2022 06 45-23 D128I202207:32:48 0112&202201:41:05 NU NO 01/30/2022 01:25:39 64]F Public lnoxicatim TE-220300020 2654 SAWYER, JOHN 28721 OLD TOWN FRONT ST TEMECULA 01/301202201,2539 01130/202201:2545 01/30/202201:26:56 01130/202202:20: 16 R YES 02/07/2022 08:31:52 242P Battery in Progress TE-22038M 4175 DUHAMEL, CHAD 28721 OLD TOWN FRONT ST TEMECULA 02101/202208:31:52 DVO71202208:32:06 oD071202208:46:46 02101/202209:40:11 NS NO o2/10/2022 tt:o052 ALARM Al.., False Alarm TE-22041002] 2441 HOXMEIER, RYAN 28]210LD TOWN FRONT ST TEMECUTA Q21f0/2022 D1:20:62 DV101202201:24.22 01202207:52:01 02Ii&2D2208:00:31 NE NO 02/11/2— 02:0]:14 64]F Public lnoxicatim TE-220420006 5583 AU, KEVIN 28721 OLD TOWN FRONT ST TEMECULA 02/11/202202:01: 14 SOD 02/11/202202:0]: 15 02111/202202:0]: 15 0211 V202203:01:52 RA YES /2/132022 12:1&,K, ADD Assist Other Department TE-2204WU 3222 HEUER, MICHAEL STAMPEDE- 28721 OLD TOWN FRONT ST TEMECULA 02113/202212:18:40 OD131202212: 18:41 0211&202212: 18:41 02113/202212.4115 NE NO 02/25/2022 01:29:44 242J Misssdihna,Assuat with no TE-22OMWO5 447t VALADEZ, ALFONSO 28721 OLD TOWN FRONT ST TEMECULA 0212512022 D12944 D2J2&202201:30:13 02125I202201:30:44 0212SGO220152:11 NE NO Weaoms or Iniury 03/03/2022 03:05:10 ALARM Alarm, False Alarm TE-220620167 4286 VALTIERRA, ADOLFO 28721 OLD TOWN FRONT ST TEMECULA 03I03/2D2203:05: 10 D&O3I202203: 11:11 0&0&202203: 14:26 OWOW2D2203:25:38 NE NO 03/06/2022 03'03:43 1182P Accident, Property Damage TE-2206500]8 N629] BARAJAS, FERNANDO 28]21 OLD TOWN FRONTST TEMECULA 0&OM202203:03:43 ONO &202203:13.33 oW061202203:45:31 03IMO2205.52:14 NE NO 03/12/2022 010325 64]F Public lnoxicatim TE-220710008 5848 28721 OLDTOWNFRONTST TEMECULA 0&12/202201:03,26 0&12/202201:0326 03/1D202203: 36: 17 RA YES D3/13/2022 1134:57 ALARM Alarm, False Al.-TE-220]2W63 4989 SHEHATA, MINA 28721 OLD TOWN FRONTST TEMECULA OWIW20U 11:34:57 0&13/20221136:25 03/13I20221142:23 03113/202212:3]Ot NE NO 03/17/2022 094822 STHREA Suicide Threat TE-220760228 4974 CUNANAN,RANDY 28721 OLD TOWN FRONT ST TEMECULA 03/171202209:48:22 03117/20220948,57 03111/20220950'. 15 031171202210'.56: 19 R YES D3/19/2022 1055:44 24U Missmim.h,,, A.ualt mIh no TE-220780241 3398 START, CHAD 28721 OLD TOWN FRONT ST TEMECULA 03119/2022 to 5544 ON191202210:57:31 O&191202210:58.56 03119/2022 1107:03 NS NO Weaoms or Iniury 11/20/2022 01:3419 647F Public l noxicatim TE-220]90010 4286 VALTIERRA, ADOLFO 28721 CLDTOWNFRONTST TEMECULA 03/20I202201: Ni 19 03/20/202201:34:20 03/20/202201:34,20 03/20/202202'.41:4] RA YES 04/02/2022 01:34:35 64]F Public lnoxicatim TE-220920011 4955 HEPHNER. JOSHUA 28721 OLDTOW NFRONTST TEMECULA O4/02/202201:34:35 04iOD202201,34'. 36 04/02/202201:34'.36 04/021202202:31:00 RA YES 04M8/2022 02:05:06 24U Missdimeanor Assualt with no TE-220980013 3398 STAAT, CHAD 28721 OLD TOWN FRONT ST TEMECULA 04I08/202202:02:44 04108/202202:0645 04/081202202:06.20 0410&202202: 14:32 NS NO Weaoms or Iniury 04/01/2,22 12:16:13 ALARM Alarm, False— TE-220990117 2654 SAWYER, JOHN 28]21 OLD TOWN FRONTST TEMECUTA N10912OU 02: 16: 13 04109/202202: 16:59 041091202202:29:46 N1091202202:34:59 NE NO 04/1]/2022 032226 242J Misssdimeanm A. —It with no TE-221070023 5729 CHIRAFISI, NICHOLAS 28721 OLDTOWN FRONTST TEMECULA O4/1]1202203'.22:26 04/17/202203:25'. 31 04/17/202203:28: 50 O4/1]120220]:2: 10 R YES W eaoms or Iniury 04/24/2022 01:42:54 415 Disturbing the Peace TE-22114W15 4286 VALTIERRA, ADOLFO 28721 OLDTOW NFRONTST TEMECUTA 04I24/2D2201:42:54 04/241202201:44:43 04124/202201:46:03 04124120220158:58 NE NO 04/30/2022 121550 PASSIS TE-2212OW92 2989 ASKINS, BRIAN 28721 OLD TOWN FRONT ST TEMECUTA 04I30/202212: 1550 04/301202212:21:21 O4I30/202212:21:21 NE NO 05/27/2022 09:56:33 MPERSO Missing Person TE-22147WW N]]]i 28]210LOTOWNFRONTST TEMECULA OW271202209:56:33 0&2]1202209:59:54 0&2]1202210:34:17 0512]/202210:U6 NU NQM 06/021-2 11:-1 242P MOKcimennor Assualt with no TE-221530242 5583 AU, KEVIN 28721 OLD TOWN FRONT ST TEMECULA O6/02/202211:42:43 06/031202212: 18:45 0&03/202212:20: 12 06103/20220105:15 RE YES W eaoms or Iniury _ 06/04/2022 to 5934 415 Disturbing the Peace TE-221550163 5583 AU, KEVIN 28721 OLD TOWN FRONTST TEMECULA 0&04/202210:59:34 0&04I20221D:59:59 0&04/202211:0137 0610&202201:13:07 NS NO 16/11/2022 1109'53 FU Fdl—Up TE-2215701M 3544 SINZ, JOEY 28721 OLD TOWNFRONT ST TEMECULA 06I06/202201:09:53 0&061202201: 10:37 0&061202201: 13:31 O6I0&20220125:59 FU NO O6/09/2022 0353:09 ADD Assist Other Department TE-2216DO175 5583 AU, KEVIN 28721 OLD TOWN FRONT ST TEMECULA 06109/2022 D3:53:09 ONO 91202203:57:57 0&091202204;02:35 061091202204:m 38 NE NO D6/17/2022 0237:03 ADD Assist Other Department TE-221680011 5800 CORTEZ, DANIEL 28721 OLDTOW NFRONTST TEMECULA 0&1]/202202:3]03 06/17I202202:38.17 0&17I202202:45:47 06/171202203:40:39 NE NO 01/21/211, 01:w it, ARMED TE-22175WN 5143 CHURCHILL, WILLIAM 28721 OLDTOW NFRONTST TEMECULA W12412022125917 0&24I202201:03:10 06/24I202201:03:50 0612412OU 01: 10: 10 NE NO 0625/2022 01:08:50 415 Disturbing the Peace TE-221]6W13 5500 NEWTON, MATTHEW 28]21 OLD TOWN FRONT ST TEMECULA 06/2!VDt2201:08:SO 0&25I202201: 15:49 0&2&202201:26:25 NE NO D]/15/2022 10:18:39 SCIRC Suspicious Circumstances TE-221%OO52 5881 28721 OLD TOWN FRONT ST TEMECULA 071IW2022 f0'1839 07/161202210:21: 19 07/151202210:33:29 0711&20221122:23 NE NOJ 0559 D201 D202 nc. Date Inc. Time Call Type 07/11 a021 03:46:02 242P Call Number Ot0cerl Missdimeana Assault with no TE-211920029 5583 weapons a Injury Offices Namet AU, KEVIN Add— 28677 OLD TOWN FRONT ST Clly TEMECULA FC — 07/11/202103:46.02 DI Tlme Ar Time Cl Time Dlspo 07111 Q02103:50:48 (Mll202104.0047 07111202104: 12:17 NS Wntten NO Call Taker ID N6908 Dispat ,ID N7234 07/1fi/2021 11:59:45 242 Battery TE-211970270 56M HARTERT,BERT T8677OLDTOWNFRONTIT TEMECULA 011-02111:59:45 07116QO2111:59:46 07/16202111:59:46 0]/17202101:25:11 NE NO N5693 N5693 08/152021 01:0545 415P Disturbing the Peace TE-2122]010] 4187 ENGELS, DANIEL 28677OLDTOWN FRONTST TEMECULA OWIS/202101:05:45 08I1520210124:28 0&1-210128.06 OB/1520210I'37:5. NE NO N6250 N7048 08/20/2021 01.10.18 245 Assault -,a Deatlly TE-212320006 4286 VALTIERRA, ADOLFO 286POLD TOWNFRONTST TEMECULA 03/20202101:10: 18 OBI201202101.10.19 OS20/20210110:19 OB20I202103:3450 RA YES N5118 N511S 08222021 02:41:01 MPERSO Missing Persm TE-212340024 5375 CATALINE, DYLAN 286]] OLD TOWN FRONTST TEMECULA OBI 2202102Al-05 08221202102:53:25 0822202102:54:11 0822202103:03:14 NU NO N]229 N68W 08/23/2021 07.54:30 647F Public lntoxicatlon TE-2123501:2 1114 BOW MAN, ROBERT 21677 OLD TOWN FRONT ST TEMECULA 0823202107:5430 081231202107,54:31 08123/203107:54:31 08/23/202108:56:20 RA YES N6831 N6836 08/28/2021 01:32:47 LPROPE Lost Property TE-212400094 N4654 FARLEY, NELSON 286P OLD TOWN FRONT ST TEMECULA 0121202101:3247 O:1281202101:34:35 0828/2021021612 R YES N7233 N4910 09/04/2021 12'.13:34 415 Disturbing the Peace TE-212470004 3910 GOMEZ, SONIA 28fi77 OLD TOWN FRONT ST TEMECULA 09/041202112: 1334 It M41202112.13,35 09/04/202112,13:35 09/04/202112:55:23 R YES N6637 N6637 091(),t 21 11:2532 415 Disturbingihe Peace TE-2124702]4 4818 WEBER, CHRISTINA 286]7 OLD TOWN FRONT ST TEMECULA 09/04202111.25.32 09/042021112533 09/04202111:2533 D9/D4I20211156:44 NE NO N5807 N5807 09/0]/2021 113:08 LCELL Lost Cell PM1one TE-212500198 N7146 286)7 OLD TOWN FRONT ST TEMECULA 0M71202105:13.08 09N]I202107:39:23 09/07202107:39:34 09N]202107:55:10 NS NO N3534 N3401 09/18/2021 10:I— 242J Mlsstlimeanor AssaultwitM1 no Iniury TE-212610188 5071 KERR, LOUIS 28677 OLD TOWN FRONT ST TEMECULA 09/18/2021 to 16:08 09/18/202110,17,39 0911 B202110:17:39 09/19/2D2101:09:23 R YES N38S6 N6020 09/19/221 01:5856 415 ar DS—Mg the Peace TE-212620038 3398 START, CHAD 28677 OLD TOWN FRONT ST TEMECULA 09/19/202101:58.56 091192021015857 091 S202101.5857 09/19202102:54:57 NE NO N6020 N6020 09/19/2021 09:03:34 242P Missdmeana Assault with no TE-212620NI 5494 Iniury REID, ERICA 28677 OLD TOWN FRONT ST TEMECULA 09/19/202109D3:34 MI 9202109:05:38 09/19202109:4148 0WIS12021101315 NE NO N6256 N5614 0920/2021 08:5202 FU a Fdlow Up TE-212630035 4175 DUHPMEL, CHAR 28fi]]OLD TOWN FRONT ST TEMECULA 0920I202108:52:02 0920202108:54:15 0920202109:1804 0920I202109:23:13 FU NO N5013 N29fi@ 0923/2021 12:29:53 20002P Hit antl Run TE-2126fi01 D9 N6426 NUNEZ, ENRIQUE 28677 OLD TOWN FRONT ST TEMECULA 0923/202112:29:53 0923202101:14:06 0923202101:22:13 0923/202101:42:38 NE NO N6839 N6571 10/022021 024253 647F Public lntoxicatlon TE-212150035 5650 ORTIZ, JAIME 28677 OLD TOWN FRONT ST TEMECULA 10102202102:42:53 10I02202103:46:05 10/02202103.55.51 10/02202104:10:15 NE NO N73]0 N4558 10/032021 07:53:22 DVTRQ Danesdc Vldence Restra h. ONer TE-212]611160 5104 BOWMAN, ROBERT 28677 OLD TOWN FRONT ST TEMECULA 10-202107:53:22 10N3202107:57:54 —3202107:5— 10/03202108:08:19 NO NO N4795 N6904 10/082021 04:4948 459 Burglary TE-212810018 4162 GARCIA ELISEO 28677 OLD TOWN FRONT ST TEMECULA 10I08202104:49:48 10I08202105:38:08 10I082021054535 10IOBI202107.3D40 R YES N3534 N4S29 10/092021 11:3100 242J Misstlimeanor Assault w:h no TE-212820217 4698 JACOSO, THOMAS 2867] OLD TOWN FRONT ST TEMECULA 10N9I20211131:00 10/102021120843 10/10/202112: 1837 R YES N4501 N6181 10/10/2021 01:22ZI 24 , s pr Iniury fyllssdmeana Assaultwlihno TE-212830015 3910 GOMEZ, SONIA 18677 OLD TOWN FRONT ST TEMECULA 10/10202101.2221 1011OQ0210128:04 10/10202101.29.52 10/10202101:46:26 FU NO N7547 14006 10/102021 11:02:30 FU owns a Iniury [Fdlow up TE-212830079 3854 MOHR, TIMOTHY 28677 OLD TOWN FRONT ST TEMECULA M10/202111:0238 10/102021110548 10/f0202111:24:25 FU NO N7543 N5750 10/102021 1240:16 FU dlav Up TE-21283OG96 3854 MOHR, TIMOTHY 28677 OLD TOWN FRONT ST TEMECULA 10/10202112:40.16 t0110202112:40:34 10/10202112:43:58 10/1020210123:59 FU NO N7III NH72 10/1-021 03:35:12 FU jFdlax Up TE-212850217 51M BOWMAN, ROBERT 286]7 OLDTOWN FRONTST TEMECULA 10/12202103:35:12 10I13202103:42:48 10/12202103:45:19 FU NO N4711 N2114 10/19/2021 12:58:10 245 Assault wilM1a Deatlly TE-212920003 5803 SABORDO, PATRICK 286]]OLO TOWN FRONT ST TEMECULA 10/19/20211258:10 i 0119/2021125848 10I19I202101OD39 10119/2021044052 R YES N7233 N6432 10/22/2021 124342 LPROPE Lost Property TE-212950123 N4654 FARLEY,NELSON 28677 OLD TOWN FRONTST TEMECULA 10/22/20211294342 10/22120211244:20 10122/2021125114 1-202102:35:40 R VES N7451 N3680 1027/2021 09:31:27 242J Missdimeana Assault wfih no TE-21-13188 3018 a Iniury 28677 OLD TOWN FRONT ST TEMECULA 101271202109:3127 1027202109:3157 1027202109:38.06 102]202109:48:13 NS NO N]548 NN07 10/29/2021 1135:18 647F Public lntoxicatlon TE-213020252 6027 28677 OLD TOWN FRONT ST TEMECULA 10I2.202111:3518 101 1021 11,37,23 1029202111:3723 10/3012021124426 RA YES N7547 N5883 10/31/2021 01:54:50 847E Public lntoxicd. TE-213040030 3398 STAAT, CHAD 28677 OLD TOWN FRONT ST TEMECULA 10MV202101:54:50 t0'31202101:5712 10131202101:58:53 10/3120210226:05 NE NO NU 6 N3784 11/0B/2021 064530 FU FdI-Up TE-213120142 4698 JACOBO, THOMAS 28877 OLD TOWN FRONT ST TEMECUTA 11/08202106:45:30 11IOBI-107:03:47 11/0820210703A 11/08202108:44:53 FU NO N6610 N7233 11/122021 091323 211P Robbery In Progress TE-213130047 6025 286]7 OLD TOWN FRONT ST TEMECULA 111IM02109: 13:23 11112/2021011732 11/1-2102:19:33 11I12202102:4]:04 NS NO N6186 N721 11/14/2021 0212:42 242 Battery TE-213180031 2654 SAWYER, JOHN 286]] OLD TOWN FRONT ST TEMECULA 11-202102:1242 11I14202102:12:43 11/14202102:12:43 11/14202102:28:SO NS NO N6020 N3020 11/152021 0345:55 ALARM A —False Alarm TE-2131NG14 5269 ALMADA, STEVEN 286T/ OLD TOWN FRONT ST TEMECULA 11/15202103,15:55 11115122103:49:41 11/15202103:51:03 NE NO N—tJ N5808 1121/2021 071537 ALARM A—, False Aam TE-213250108 5104 BOWMAN, ROBERT 28677 OLD TOWN FRONT ST TEMECULA 1121Q 2107:15:37 1121120210716:20 1rl,Z03107.17.05 112120210]:19:51 NE NO N2947 N462: 11/28/2021 113139 242J Mlsstlimeanor AssauI-th no Iniury TE-213320138 4—JACOBO, THOMAS 28677 OLD TOWN FRONT ST TEMECULA 11128/202111,31,39 11/28/202111:34:56 11129/202112: 16:56 11UA20211246,16 RA YES N6020 N6408 0129/2022 10:46:11 ADD pr Assisi dha Department TE-220290205 2659 SAWYER,JOHN 28677 OLD TOWN FRONT ST TEMECULA 01I29202210:4fi:11 0129202210:43:12 0129202210:46:12 01I30202212:5]:04 NE NO 2654 2654 02/03/2022 03.3347 594F V—Nism TE-220340177 4—VALTIERRA, ADOLFO 28fi77 OLD TOWN FRO NTST TEMECULA 02103/202203:334] 0210312022 04:0541 02103UD220406:55 02/031202204:29:28 IRS YES N6fi37 N6836 02/17/222 01:N131 242 Battery TE-220480006 6D25 28677 OLD TOWN FRONT ST TEMECUTA 02/17120220124:31 0211]20220124:54 02/1]202201:28:52 02/17202202:36:H NO NO N4645 N6683 0225/2022 10:3238 242J Missdmeana Assault with no TE-22056D258 4974 Iniury CUNANAN, RANDY 28677 OLD TOWN FRONT ST TEMECULA 02125202210:32:38 0225202210:35:05 0225202210:35;37 0225202211:20:42 NU NO N6350 NS904 02252022 11:32:31 647� a Public WITE-2205fi02]1 4286 VALTIERRA ADOLFO 2—OLD TOWN FRONT ST TEMECULA 0MV202211:32:35 0225202211:33:04 0225202211:36:16 0226/202212.05A4 NE NO N3329 N6904 0226/2022 03:36:35 ALARM At —False A— TE-22O570015 5398 HALL, WHILLIS 28877 OLD TOWN FRONT ST TEMECULA 0226202203:36:35 022612022(Pt 0123 0212 02204.12.24 0226202204:24:46 NE NO N6250 N4558 03/122022 01:28:40 415 Disturbing iM1e Peace TE-220]10011 3222 HEUER, MICHAEL 286]7 OLDTOWNFRONTST TEMECUTA 03/12202201:28A 03112QO2201:28:41 03/12202201:28:41 03/12202201:36:22 NE NO N5BB4 N5884 03/12/2022 085413 647F Public lntoxicatlon TE-220710185 2654 SAWYER, JOHN 28677 OLD TOWN FRONT ST TEMECULA 03/12/2022085413 03/12/202208:54:14 031121202208:54: 14 03/121202210:OB:29 RA VES N6904 N6904 03/12/2022 09:27:13 647F Public lntoxicatlon TE-220710195 4698 JACOSO, THOMAS 28677 OLD TOWN FRONT ST TEMECULA 03/12/20220927. 13 03112202209:28,20 03/12/20220929:47 03I12-2210:53:10 RA YES N6350 N6683 03/13/2022 01:2453 MDOWN Man Down TE-220]20012 4286 VALTIERRA, ADOLFO 286]7 OLD TOWN FRONT ST TEMECULA 0311=02201.24.13 03/131202201:2142 03/13202201:2804 03/13202201:34:1. NE NO N4517 N59BS 03/13/2022 03:09:38 242 Battery TE-220720019 5583 Al, KEVIN 28677 OLD TOWN FRONT ST TEMECULA 03A 3/202203,09:38 03I1320220309,39 03/13/202203:09:39 03/13120220442: 12 RA YES N50S9 N5089 03/14/2022 10:32'06 SCIRC Suspicious Circumstances TE-220]30063 5810 28fi]] OLD TOWN FRONT ST TEMECULA 03114/202210:32,06 D3114120221041,22 03/14/202211: 1834 03/14/20221236:21 R YES N2745 N7449 03/142022 06:11:49 FU Fdlaw Up = TE-220730142 NB415 REYES- PDAME.. ELICA 28677 OLD TOWN FRONT ST TEMECULA 0311 U202206: 11:49 03114202206:5125 03114202206:59: 10 OWI 4202208:37:20 FU NO N6520 N4873 04/102022 12:0758 ADD Assistdha Departmeht TE-221000001 3398 START, CHAD 286]7 OLD TOWN FRONT ST TEMECULA D4/10/2022120]:58 04I102022120908 04110202212:09:16 04/10202212:10:59 NE NO N5089 N3411 0422/2022 11:SS:2B 242 Battery TE-2211202]4 4955 HEPHNER, JOSHUA 28677 OLD TOWN FRONT ST TEMECULA 04/22/202211:58:28 0422QO221159:25 0422202211:59:25 0423202212:15:25 NE NO N6383 N7045 04/25/2022 1202:14 647E Public lntoxicatlon TE-22115D001 4698 JACOSO, THOMAS 28677 OLD TOWN FRONT ST TEMECULA 04/25/202212:02: 14 04125/2022120502 041251202212,1040 041251202201:34:51 RA VES N1431 N5565 05/07/2022 014524 647F Public lntoxicatlon TE-221270023 3222 HEUER, MICHAEL 28677 OLD TOWN FRONT ST TEMECULA OS/0]/202201:45,24 05M7120220145,25 O5/07/202201:45:25 051071202202:57:28 R VES N6539 N6539 05/102022 0315:1 488P Pdty Theft In Progress TE-2213001]5 4698 JACOBO, THOMAS 286]7 OLD TOWN FRONT ST TEMECULA DW 01202203: 15:30 05/10202203:27:27 OWM02203:27:27 05/10202204:16:31 NS NO N7449 N2070 05/15/2022 02:19:09 647F Public lntoxicatlon TE-22135D012 3222 HEUER, MICHAEL 286P OLD TOWN FRONT ST TEMECULA OSI15I202202:19:09 05I15I202202:1910 05I15I202202:19:10 05I15I202202:SD:18 R VES N7229 N]229 05/29/ZOZZ 02:OD:58 23152 Driving Untler the Influence TE-221490023 5650 ORTIZ, JAIME 286P OLD TOWN FRONT ST TEMECULA OSI29I202202:00:58 OSI29I20220200:59 OS/2920220200:59 05/29/202204:5951 RA VES N7229 N7229 06/012022 01:N53 10851P S[den Vehide TE-221520005 5]70 BARNEY, GARRETT 28677 OLD TOWN FRONT ST TEMECULA D6Ni/202201:29:53 (X IQ02201:30:49 O6/01202202:02:53 06/01202202:06:58 NO NO N6250 N5944 06/14/222 11:5B:52 23152 Ddving Under the Influence TE-221650231 5770 BARNEY, GARRETT 286]7OLDTOWNFRONTST TEMECULA 06/14202211:58:52 OBI15202212:11:54 Ofi/1-12212*25*01 015202212:33:11 NE NO N. N5872 O6/1fi2022 02:03:31 242P Missdmeana Ass ault with no TE-321670006 5398 Iniury HALL, WHILLIS 286]7 OLD TOWN FRONT ST TEMECULA O6/16202202:03:31 Ofi116202202:07:53 O6/1 M02205:05:52 O&16202205.11AD NO NO N]046 N6680 � O6112022 01:5131 SCIRC a Sosplclous Circumstances TE-221680128 4471 VALADEZ, ALFONSO 286]] OLDTOWNFRONTST TEMECULA 06/1]202201:5535 06/17QO2202:06:33 06/1]202202:25:31 06/17I20320303:55 NE NO N7778 N6638 Ofi/18/2022 10:54:33 415 TE-221690207 55. NEWTON, MATTHEW 28677OLDTOWNFRONTST TEMECULA 06/18/20221054:33 O6I1820221054:34 0&1 BQ 2210:54:34 06/19202212: 1109 NE NO 2654 2654 O6/192022 121157 415 Disturbing iM1e Peace TE-221700005 5500 NEWTON, MATTHEW 286]] OLDTOWNFRONTST TEMECULA 06/19202213211:57 06/19/202212:1158 O6/19202212:11:58 O6/19202212 i8:14 NE NO N]389 N7319 O6/192022 03O8:2S ACHECK Area Check TE-22170131 5B5] HAECKER, SHANE 286]7OL0 TOWNFRONTST TEMECULA 06/19202203:08:26 06/19-203.11:19 )tV 9202203:18:46 061192023032844 NE NO N]36B N4517 O6/192022 04:48:07 ADD Assisi dher Deportment TE-221700115 3544 SINZ. JOEY T86]7 OLD TOWN FRONT ST TEMECULA 06/19/202204:48:07 06119QO2205:05:4I O6/19202205:59:34 06/19202206:1234 NE NO N]451 N3680 Ofi22/2022 01:3600 242 Battery TE-231730008 5857 HAECKER,SHANE 28677 OLD TOWN FRONT ST TEMECULA 0622202201:36:00 062220220159:59 ()(V2 022020]51 06222022 C2:18:26 NE NO N3879 N5872 06252022 1104:08 64]F Public lntoxicatlon TE-2211601]2 4286 VALTIERRA, ADOLFO 286]7 OLD TOWN FRONT ST TEMECULA 0625)202211:04:08 0625202211:07:41 0625202211.10:11 0625/202211:18:14 NE NO N594I N.B 0fi2fi2022 0141:11 SCIRC Suspid— Circumstances TE-221770131 4831 SULTAN,ADAM 2861] OLDTOWNFRONTST TEMECULA 0-M0220545:35 OS26I202207:23:44 iltV2 02207.24:08 0626202207.44:36 NE NO N7449 N7229 06a62022 11:4029 MCRIMI Miscellaneous Civninal TE-2217-92 5770 BARNEY, IS RETT 28677 OLD TOWN FRONT ST TEMECULA 06/26/202211l 21 06/26QO22115733 0612 02212:06:05 062]202212:18:28 NE NO N6343 N1229 07/03/2022 01:4722 242P Misstlimeanor AssaullwitM1 no TE-22840085 4929 Iniury PLUMMER, KURT 28677 OLD TOWN FRONT ST TEMECULA 0MV202201A7:22 0]N3202203:43:14 OMM02203:46:44 07A3202204:1355 NS NO N3534 N7449 01 0646:27 SCIRC a Suspicious Clrcumstances TE-22184(H21 SO. 286]7 OLD TOWN FRONT ST TEMECULA 1710M022.16:46:27 0]103202208:04:48 0]N3202208:43O0 0]/0420220125:25 NE NO N]233 N7543 0]/23/ZOZZ 06.58:23 647F Public lntoxicatlon TE-222040118 4955 HEPHNER, JOSHUA 28fi]7 OLD TOWN FRONT ST TEMECULA 0]/23/202205:58:23 0]123I20220558:24 0723120220558:24 07/23/202207. 14:30 RA VES N6231 N6231 01022 08:IDS 30 FU Fdlow Up TE-2220W D W89 28677 OLD TOWN FRONT ST TEMECULA 0724/202208:D5:20 0]242022080613 0724202208:09:52 O]24202208:32:56 FU NO N7111 N36S0 0]212022 12:30:23 242 Battery TE-222120005 3712 PIERSON, VICTOR 286]7 OLD TOWN FRONT ST TEMECULA 0]/31202212:30:23 071311202212:30:24 07/31202212.30:24 07/31202212:48:IS NE NO Nfi683 N8683 03/31/2022 031610 488P Petty TM1efl In Progress TS-220900040 N]048 2367l OLD TOWN FRONT ST TEMECULA 03/31/202203:16:10 03/31/202203:2108 03I31I202203:32:48 03/31202203:50:10 IRS YES N6638 N7041 03/31/2022 04:2612 FU Fd-Up TS-220900048 N7048 28fi]] OLD TOWN FRONT ST TEMECULA DM112022 D4:26:12 03I31202204:2648 03/31202204:28: 14 03/31202204:30.58 FU NO N58]2 N]048 04/012022 05:12:16 FU Fdlow Up TS-22NIONI N7048 28677 OLD TOWN FRONT ST TEMECULA MM1202205: 12: 16 Dl0l 202205:15:31 04/01202206:15:24 FU NO N3S70 N7048 04/17/2022 01:00:31 488P Petty Theft In Progress TS-221070022 N2070 GARCIA, JULIE 28677 OLD TOWN FRONT ST TEMECULA 04/17/2022010031 04/1]/20220104:58 04/17/202201:04:58 04/17/20220138:34 IRS YES N2524 N2070 0560 D202 D203 Inc. Date Inc. Time Call Type Call Number Officer 1 Officer Name 1 Address City R. Time Di Time Ar Tlme Cl Time Dispc Written 07/10/2021 12:25:2,1 488P Petty Theftln Progress TE-211910055 N4654 FARLEY, NELSON 28693 OLD TOWN FRONT ST TEMECULA 07/10/2021122524 07/10/202112:3040 07/10/2021123800 07/10/2021024120 R YES 09/28/2021 11:471: ALARM Alarm, False Ala" TE-212710107 3730 NELSON, BRIAN 28693 OLD TOWN FRONT ST TEMECULA 09128/22111A7:35 09/281202111:48.02 09128202112:0736 09/2120211210.57 NE NO 09/29/2021 11:28:A 415 Disturbing the Peace TE-212720099 3873 KENNEDY, CURTIS 28693 OLD TOWN FRONT ST TEMECULA 09129202111:2845 09/291202111:52.28 091292021120307 09121202112:23:16 NE NO 09/30/2021 014704 ALARM Alarm, False At." TE-212730023 4323 HOCTOR, DANIEL 28693 OLD TOWN FRONT ST TEMECULA 0910202106:47:04 091301202106:47:46 09130202106:53: 18 091301202106:58.31 NE NO ,.,2021 08:I&04 ALARM Asen, False Al." TE-212780024 4162 GARCIA, ELISEO 28693 OLD TOWN FRONT ST TEMECULA 1015202108:18:04 10105120210819.16 10105202108:41: 16 101051202108:47.28 NE NO 10/09/2021 12A2:43 242 Battery TE-212820006 5398 HALL,WHILLIS 28693 OLD TOWN FRONT ST TEMECULA 10109202112:4243 10/09/20211246'06 10109202112:4639 10/0910211247.09 NE NO 10/10/2021 11:13:13 415 Disturbing the Peace TE-212830080 4294 ILLERA, FREDERICK 28693 OLD TOWN FRONT ST TEMECULA 10110122111.13:13 101101202111: 15:09 10110202111:34:39 10/10/202111:40'37 NE NO 10/10/2021 12:18:59 415 Disturbingthe Peace TE-212830093 4294 ILLERA, FREDERICK 28693 OLD TOWN FRONT ST TEMECULA 10/10212112:18:59 10/10/202112:19:15 10/10202112:31:37 10/1.2.112:39:44 NE NO 10/11/2021 117:13:13 ALARM Alami, False Alaml TE-212840263 4698 JAC00THOMAS 28693 OLD TOWN FRONT ST TEMECULA 10111202111:13:13 101111202111: 14.00 10/11/202111'1835 101111202111:2229 NE NO 10/1]/2027 0]00:38 245 Assualt with a Deadly Weapon TE-212900144 4698 JACOBO, THOMAS 28693 OLD TOWN FRO NT ST TEMECULA 10/17/20210]:0038 10/17/2021070754 10/17/202107,08:27 10/17/2021084202 R YES 10/30/2021 12:22:44 415N Disturbing the Peace TE-213030006 4818 WEBER, CHRISTINA 28693 OLD TOWN FRONT ST TEMECULA 10130202112:22:44 10/301202101:06:06 10/301202101:07:21 NE NO it/02/2021 10.4401 ALARM Alum False Ala- TE-213060082 5494 REID, ERICA 28693 OLD TOWN FRONT ST TEMECULA 111022021104401 111021202110:50.29 11102202111.01:18 11/021202111:3025 NE NO 11/04/2021 08:53:49 ACID Assist Other Department TE-213080215 3910 GOMEZ, SONIA 28693 OLD TOWN FRONT ST TEMECULA 11/04202108:53:49 111041202108:55:05 11I04/202108.57:31 11104120211016.17 NE NO 11/05/2021 11:2857 ALARM Alam, False Alarm TE-213090084 5270 SIAW, SAMANTHA 28693 OLD TOWN FRONT ST TEMECULA 11/05202111:2857 11/05120211129.38 11105/202111.3704 11/0S/202111:57.43 NE NO 11/13/2021 0128:25 647F Public Assist TE-213170012 4974 CUNANAN,RANDY 28693 OLD TOWN FRONT ST TEMECULA 1i113/202101:28:25 11/13/202101:28:26 11/13/202101'.28:26 11/13I202102:38:57 RA YES 11/15/2021 034211 ALARM Al aim, False Alarn TE-213190013 5269 ALMADA, STEVEN 28693 OLD TOWN FRONT ST TEMECULA 11/15202103:42: 11 111151202103:42.23 11I15202103'51: 19 11/1 SI202104:.258 NE NO /2/09/2021 09:12:14 ALARM Alami, False Alamn TE-213430064 5770 SARNEY,GARRETT 28693 OLD TOWN FRONT ST TEMECULA 12109122109.12:14 12/09/202109: 102:34 12109/202109.13:06 12/091202109:19:30 NE NO 12/10/2021 08:59:34 242 Battery TE-213440222 3222 HEUER, MICHAEL 28693 OLD TOWN FRONT ST TEMECULA 12I10202108:59:34 121101202109:00.24 12I10202109:01:29 12/10/202109: 13.14 NE NO 01/01/2022 12:35:AO 242 Battery TE-220010017 3398 STAAT, CHAD 28693 OLD TOWN FRONT ST TEMECULA 01/01202212:35:40 011011202212:35.41 01101202212:35:41 01/011202201:32.32 NE NO 07/082022 0'2215 ALARM Alarm, False Al arm TE-220080037 5752 HERNANDEZ, CELLINA 28693 OLD TOWN FRONT ST TEMECULA 01108202208:22: 15 01/081202208:25.22 01108202208.27:32 01/081202208:39.17 NE NO 01/15/2022 04:2326 ALARM Alartn, False Alartn TE-220150034 5"0 ORTIZ, JAIME 28693 OLD TOWN FRONT ST TEMECULA 01/15202204:23:26 01/1 SI202204:26:36 01/15202204:32:40 01/15/202204:57:02 NE NO 02/04/2022 10:43:03 ALARM Al aim, False Alarm TE-220350084 3873 KENNEDY, CURTIS 28693 OLD TOWN FRONT ST TEMECULA 02104202210:43:03 02/04/20221048.36 02I04202210:57:44 02/041202211:00.13 NE NO 02/202022 101453 415N Disturbing the Peace TE-220510164 5500 NEWTON, MATTHEW 28693 OLD TOWN FRONT ST TEMECULA 02120202210.14:53 021201202211:00:51 02120202211:07:59 02121202211:19.47 NE NO 02/21/2022 02:21:48 FU Full -Up TE-220520065 5104 BOWMAN, ROBERT 28693 OLD TOWN FRONT ST TEMECULA 02I2120220221:48 02211202202:27:57 02121202202.28:11 02/211202202:42.54 FU NO 02/21/1,22 07432' 415N Disturbing the Peace TE-220520101 5104 BOWMAN, ROBERT 28693 OLD TOWN FRONT ST TEMECULA 02I21202207:43:24 02211202207:48'50 02121/202207.49:43 02211202208: 11.31 NE NO 02/25/2022 11:22:13 911M 911 Call from Mobile Phone TE-220560267 4974 CUNANAN,RANDY 28693 OLD TOWN FRONT ST TEMECULA 02125202211:22: 13 021261202212: 14.54 0226/20221215:11 NE NO 03/02/2022 11:18:02 ALARM Ala-, False AA.-TE-220610095 3894 IBARRA,GUSTAVO 28693 OLD TOWN FRONT ST TEMECULA 03/02202211:18:02 03/02/20221124:26 03102202211:40:44 03/02120221144.26 NE NO 03/11/2022 022949 243.4 Assualt on a Peace Officer TE-220700166 3586 MULLINS, BRANDON 28693 OLD TOWN FRONT ST TEMECULA 03/11/202202:29:49 03111/202202:30:40 03/11/202202:5657 03/11/202204:41:46 R YES 03/11/2.22 U-03:19 HS Health& Safety Code Violation TE-220700194 4286 VALTIERRA, ADOLFO 28693 OLD TOWN FRONT ST TEMECULA 03111202204:03: 19 031111202205:49.14 03111202206:32:00 03111120220640.21 NS NO 03/18/2022 10:0302 FPROPE Found Property TE-220770075 N7054 HICKS, BRIANNA 28693 OLD TOWN FRONT ST TEMECULA 03118202210:03:02 03/181202210:05.28 03118202210:24:37 031181202210:34:18 NE NO 03/212022 08:2157 FRAUD Fraud TE-220800023 4521 STUTLER,LACY 28693 OLD TOWN FRONT ST TEMECULA 031212022082157 03121/202208:53.00 03121202208:57:48 0321/202209:03:34 NS NO 03/21/2022 0249:32 FRAUD Fraud TE-220800144 4464 LESO,RUDY 28693 OLD TOWN FRONT ST TEMECULA 03/21/202202:49:32 03/21/202203.04:23 03/21I2022032623 R YES 05/07/2022 11:21:42 2421 Missdimeanor Ass it Win no TE-221270191 4471 VALADEZ, ALFONSO 28693 OLD TOWN FRONT ST TEMECULA 05107202211:2142 051071202211:22.29 05107/202211.22:29 05/07/202211:35.38 NE NO Weapons or Iniury 11/22/1122 1158:20 ALARM Ala-, False Ala- TE-221420117 5228 HANSEN,RYAN 28693 OLD TOWN FRONT ST TEMECULA 05122202211:58:20 05231202212:05:13 05123202212:08:52 05231202212: 15:11 NE NO 06/08/2022 03:09:36 ALARM Ala-, False Alarm TE-221590094 4989 SHEHATA, MINA 28693 OLD TOWN FRONT ST TEMECULA 06/08202203:09:36 06/081202203: 10.38 06/08202203:11:09 06/081202203:25:54 NE NO 06/09/2122 02:0422 ALARM Ala-, False X.-TE-221600142 2441 HOXMEIER, RYAN 28693 OLD TOWN FRONT ST TEMECULA 06109/202202:04:22 06/09/202202:04.44 06191202202.12:30 06109/202202: 1644 NE NO OB/10/2022 11:43:Ag ADD Assist Other Department TE-221610241 5500 NEWTON, MATTHEW 28693 OLD TOWN FRONT ST TEMECULA 06110202211:4349 06110120221143.50 06110/202211:43:50 O6/111202212:03.39 NS NO 06/10/1122 11:55:42 AOD Assist Other Department TE-221610244 5729 CHIRAFISL NICHOLAS 28693 OLD TOWN FRONT ST TEMECULA 06110202211:55:42 06/101202211:58:32 O6/10/202211:59.24 NO 06/19/2022 0T.1549 647F Public Intoxication TE-221700020 5143 CHURCHILL, WILLIAM 28693 OLD TOWN FRONT ST TEMECULA 06/19/202201: 15:49 06/19/202201: 155,50 06/19/202201: 15:50 06/19/202202:5704 RA YES 07/09/2022 10,48:26 911M 911 Call fran Mobile Phone TE-221900178 5143 CHURCH ILL, WILLIAM 28693 OLD TOWN FRONT ST TEMECULA 0719202210:47:54 07/09/202210:52.43 07109/202210.52:46 07/091202210:57.19 NS NO 07/15/2022 03:31:20 ALARM Alarm, False Ala- TE-221960100 5881 28693 OLD TOWN FRONT ST TEMECULA 07115202203:31:20 07/15/202203:33.12 07115202203:5144 07/151202203:58.51 NE NO 07/18/2022 10A9:31 ALARM Alarm, False Alamm TE-221990093 3730 NELSON, BRIAN 28693 OLD TOWN FRONT ST TEMECULA 07/18202210:49:31 07/18/202210:50.32 07118202210:52:49 07/181202211:00.12 NE NO 07/24/2022 12:23:33 242J Missdimeanor Assualtvrith no TE-222050005 4955 HEPHNER, JOSHUA 28693 OLD TOWN FRONT ST TEMECULA 07/24/202212,23:33 07/24/202212:24: 56 07/24/202212:24:56 07124/202204:24'. 55 RA YES Weapon, or lniury 11/24/2022 09:30:40 PASSIS Public Assist TE-222050049 6089 28693 OLD TOWN FRONT ST TEMECULA 07124202209:30:40 07124/202209:33.42 07124202209:33:52 0724/202209:57.18 NE NO 07/24/2022 051430 911E Contact Officer TE-222050107 5121 ROBERTS, PIERCE 28693 OLD TOWN FRONT ST TEMECULA 07124202205: 14:30 07/24/202205: 14.49 07241202205:15:16 NE NO 07/28/2022 10:30:51 415P Disturbing the Peace TE-222090057 4132 RAMOS, JOEL 28693 OLD TOWN FRONT ST TEMECULA 07/28202210:30:51 07128/202210:32.32 07/28292210:34:00 07281202210:46.12 NE NO 05/22/2022 04:53:05 LPROPE Lost Property TS-221420016 N2070 GARCIA, JULIE 28693 OLD TOWN FRONT ST TEMECULA 05122/2022045305 05122/202204:53:10 05/221202204.53:10 05/22/202205:00.45 RS YES EXHIBITN Pagel 0561 D203 D204 nc. Date Inc. Time Call Type Call Number Officer 1 0111 Add- City Rc Ti- Di Time A,Ti- Cl Time Dispc Written 11,13,1 1 01: 11 PASSIS Public Assist TE-211940006 5195 MARTIN, TIMOTHY 28699 OLD TOWN FRONT ST TEMECULA 07113/202101.23:05 0711312O21 O1:29.46 07113202102:22:43 07/13120210240.45 NE NO OB/22/2021 02:05:43 415 Disturbing the Peace TE-212340020 4471 VALADEZ, ALFONSO 28699 OLD TOWN FRONT ST TEMECULA 08/221202102.0543 08/22/2O21 0209:30 08122202102:0930 08122120210211.13 NE NO 09/04/2021 041550 ALARM Alann, False Alai TE-212470030 5650 ORTIZ, JAIME 21691 OLD TOWN FRONT ST TEMECULA 09104122104.15:50 091041202104:2221 091041202104.22:30 09/041202104:23.40 NE NO 09/20/2021 05,031, AOD Assist Other Department TE-212630165 5228 HANSEN,RYAN 28699 OLD TOWN FRONT ST TEMECULA 09120/202105.03:58 09120/202105:09:13 09120/202105.27:44 09/201202107:33:31 NE NO 09/22/2021 102209 MPERSO Missing Person TE-212650270 4674 MURPHY,1 28699 OLD TOWN FRONT ST TEMECULA 09122202110:2209 0922/202110:23:20 09122202110:2719 0922120211041.55 NE NO 19/23/2111 11:3513 CWELFA Check the Waitare TE-212660253 4286 VALTIERRA, ADOLFO 28699 OLD TOWN FRONT ST TEMECULA 09123/202111.3513 09/231202111:42.15 09123202111:4215 09123120211148.54 NE NO 09/28/2021 11:16:23 ALARM Alarm, False Ala- TE-212710093 5494 REID, ERICA 28699 OLD TOWN FRONT ST TEMECULA 09/28/202111.1623 091281202111:20.53 09281202111:21.15 NE NO 10/10/2021 11:1836 415 Disturbing the Peace TE-212830081 3854 MOHR, TIMOTHY 28699 OLD TOWN FRONT ST TEMECULA 10/10/202111.1836 10110/202111:26.00 1011012021112600 10/1012021114015 NE NO 70/23/2.21 032448 MPERSO Missing Person TE-212960030 5144 COUNA, NOEL 28699 OLD TOWN FRONT ST TEMECULA 10123/202114:48 102312O21 04:41:52 10/231202104:52.04 NU NO 11/02/2021 02.18:11 LPROPE Lost Property TE-213060159 4175 DUHAMEL, CHAD 28699 OLD TOWN FRONT ST TEMECULA ii102/202102:78: 11 11/02I202103:22:13 11/02/202103,32:49 11102I202103:41 lu R YES 11/2]/2027 12.2211 647E Public Intoxication TE-213310004 5749 LEAL, JULIAN BAILEYS- 28699 OLD TOWN FRONT ST TEMECULA iil2]/202112:22:30 11/27I202112:22:31 ii127/202112:22:31 11/27I202112:43O3 R YES 12/11/2021 0809:48 CWELFA Checkthe WeHare TE-213450191 4286 VALTIERRA, ADOLFO 28699 OLD TOWN FRONT ST TEMECULA 12I112021080948 12/111202108: 11.10 12/11202108:13:01 12/111202109:49.25 NE NO 12/14/2021 03.32:08 LPROPE IProperty TE-213480155 5104 BOWMAN, ROBERT 28699 OLD TOWN FRONT ST TEMECULA 12/14/2021033208 12/14/20210344:58 12/14/2021034518 12/14I202104:00:54 R YES 12/21/2021 11A9:31 1O8511 Stolen Vehicle TE-213550237 4309 GRIMM, 28699 OLD TOWN FRONT ST TEMECULA 1221/202111:49:31 1222/202112:36:32 1222202112:5554 12122/202101:57.23 NU NO CHRISTOPHER 01/20/2022 06.32:57 OD Overdose TE-220200195 5144 COLINA, NOEL 28699 OLD TOWN FRONT ST TEMECULA 01/20/202206: 32:57 01/20/202206:33:51 01/201202206,38:57 01/20/202209:30:26 R YES 02/0212122 10:3211 HS Health& Safety Code Vidation TE-220330060 5650 ORTIZ, JAIME 28699 OLD TOWN FRONT ST TEMECULA O210220221O:32: 11 02/021202210:32.24 02/02/20220100.35 1NO Ii/'6/2022 02:21:31 23103 Reckless DrWing TE-220650018 4491 VEROSTEK, PAUL 28699 OLD TOWN FRONT ST TEMECULA 031061202202.21:31 03/06/2O22 02:22:47 03106202202:22:47 O3/0612O22 02:25.49 NS NO 013243 602 Trespassing TE-220650040 4215 RICE, FRANK 28699 OLD TOWN FRONT ST TEMECULA 03106202209:32:43 03/0612O22 09:33.42 03106/202209.41:36 03/0612O22 09:51.19 NE NO 1/2022 022 /204:14:29 SCIRC Suspicious Circumstances TE-220750196 5848 28699 OLD TOWN FRONT ST TEMECULA 03116/202204:14:29 03116/202204: 18.27 03116/202204.31:29 03/1612O22 O4 141:33 NO 03/25/2022 0946:51 21002 Hit and Run TE-220840147 4546 MELBACK, JARED 28699 OLD TOWN FRONT ST TEMECULA 03/25/202209:46:68 03/25/202209:48:31 03I25/202209'. 52:37 03/25/202211:05:30 R YES 04/16/2022 03:46:06 SCIRC Suspicious Circumstances TE-221060122 5143 CHURCHILL, WILLIAM 28699 OLD TOWN FRONT ST TEMECULA 04M6202203:46:06 04/1612O22 05:42.41 04116202205.4248 O4/1612O22 O6:31:54 NE NO O5/26/2022 10:27:05 415N Disturbing the Peace TE-221460281 5583 AU, KEVIN 28699 OLD TOWN FRONT ST TEMECULA 05/261202210:27:05 05261202210:29:00 OS/26120221O.29:07 05261202210:41:29 N NO 06/19/2,22 02.20:43 647E Public Intoxication TE-221700027 4955 HEPHNER, JOSHUA 28699 OLD TOWN FRONT ST TEMECULA 01119/202212.20:43 J6/19I202202:20: 14 O6119/202202:20:44 O6/19I202203:01:42 RA YES 01/02/2022 12.22:54 242 Battery TE-221830008 5583 AU, KEVIN 28699 OLD TOWN FRONT ST TEMECULA 07IO2/202212.22:54 07/02I2022122255 07IO2/2022122255 07/02I202201: 15:13 RS YES 07/03/2022 015730 647F Public Intoxication TE-221840027 5583 AU, KEVIN 28699 OLD TOWN FRONT ST TEMECULA 07/03/202201:57,30 07/03I202201:67315 07I03/202201: 57:37 07/03I202202:59:50 RA YES 07/24/2022 12:38:26 CWELFA Check the WeHam TE-222050006 5583 AU, KEVIN 8699 OLD TOWN FRONT ST TEMECULA 07124122212:37:37 07241202212:41:24 071241202212.50:41 07/21202212:50.52 N NO 05/22/2022 04:08:24 MPERSO Missing Person TS-221420001 N2O70 GARCIA, JULIi9 OLD TOWN FRONT ST TEMECULA 05122/202204.08:24 05122/2O22 08:20.24 05122/202208.20:24 05/221202209: 10.51 NE NO EXHIBITO Pagel 0562 D204 D205 Inc. Date Inc. Time Call Type Call Number Officer 1 Officer Name 1 Address City He Time Di Time Ar Time Cl Time Dlspc Written 07/16/2021 03:44:10 AOD TE-211970012 4132 RAMOS, JOEL 41958 5TH ST TEMECULA 07/16/2021 03.44:10 07/16/2021 03:44:52 07/16/2021 03:48:44 07/16/2021 03:59:57 NE NO 07/22/2021 11:26:10 ALARM TE-212030093 5644 MCBRIDE, BRENNEN 41958 5TH ST TEMECULA 07/22/2021 11.26:10 07/22/2021 11'32:39 07/22/2021 11:42:44 07/22/2021 11,4717 NE NO 07/26/2021 03:2Y00 ALARM TE-212070117 5104 BOWMAN, ROBERT 41958 5TH ST TEMECULA 07/26/2021 03:25:00 07/26/2021 03:25:16 07/26/2021 0332:12 07/26/2021 03:38:01 NE NO 07/29/2021 10:41:54 ALARM TE-212100190 3398 STAAT, CHAD 41958 5TH ST TEMECULA 07/29/2021 10:41:54 07/29/2021 10:45:10 07f29/2021 10:45:10 07/29/2021 10:47:39 NE NO 09/03/2021 11:05:03 415 TE-212460218 4286 VALTIERRA, ADOLFO 419585TH ST TEMECULA 09/03/202111*05:03 09/03/202111:06:29 09/03/202111:0651 09/03/202111:15:39 NE NO 09/12/2021 04:17:11 ALARM TE-212550019 3385 TOVAR, ALONSO 41958 5TH ST TEMECULA 09/12/2021 043731 09/12/2021 04:41:19 09/12/2021 04:49:34 09/12/2021 05:02:35 NE NO 09/19'/2021 01:19:37 647F TE-212620034 2654 SAWYER, JOHN 419585TH ST TEMECULA 09/19/202101*19:37 09/19/202101:19:38 09/19/202101:19:38 09/19/202104:48:41 RA YES 10/21/2021 11. 4:56 ALARM TE-212940100 3436 KEENEV, BRIAN 419585TH ST TEMECULA 10/21/2021 11:14:56 10/21/2021 11:15:17 10/21/2021 11.24:48 10/21/202111:38:37 N NO 10/30/2021 12:03:24 415 TE-213030001 4491 VEROSTEK, PAUL 419115TH ST TEMECULA 10/30/2021 12.0324 10/30/2021 12:15:14 10/30/2021 12:15:16 10/30/2021 12:18:52 NE NO 10/30/2021 123638 FU TE-213030009 4491 VEROSTEK, PAUL 41958 5TH ST TEMECULA 10/30/2021 12:36:38 10/30/2021 01:41:11 10/30/2021 01:42:21 10/30/2021 01:47:46 FU NO 10/30/2021 08:19:34 PVIOL TE-213030195 4546 MELBACK, JARED 41958 5TH ST TEMECULA 10/30/2021 08.19:34 10/30/2021 08:20:18 10/30/2021 08:47:53 NE NO 11/01/2021 105250 ALARM TE-213130096 4171 DUHAMEL, CHAD 411115TH ST TEMECULA 11/09/2021 10:52:50 11/09/2021 10:59:05 11/09/2021 11:07:10 11/09/2021 11:12:01 _. NE NO 11/20/2021 01:02:56 FU TE-213240097 4659 HARRELL, JONATHAN 41958 5TH ST TEMECULA 11/20/2021 01:02:56 11/20/2021 01:03:21 11/20/2021 01:07:59 11/20/2021 01:14:20 FU NO 11/26/2021 113522 ALARM TE-213300051 5752 HERNANDEZ, CELLINA 41958 5TH ST TEMECULA 11/26/202111:35:22 11126/202111'49:01 11/26/202112:05:47 11/26/202112,25:54 NE NO 11/27/2021 09:3111 647F TE-213310190 2654 SAWYER, JOHN 419585TH ST TEMECULA 11/27/202109.34:03 11/27/202109:34:11 11/27/202109:35:21 11/27/202110:35:15 R YES 11/28/2021 124809 415 TE-213320008 2654 SAWYER, JOHN BLACKBIRD TAVERN-419585TH ST TEMECULA 11/28/202112:48:09 11128/202112:48:10 11/28/20211248:10 11/28/202101:23:06 NS NO 12/10/2021 1135:4, 242P TE-211440244 4471 VALADEZ, ALFONSO 419115TH ST TEMECULA 12/10/2021 11:35:47 12/10/2021 11:46:44 12/10/2021 11:5302 12/11/2021 01:19:43 INS NO 12/13/2021 08:5613 PASS IS TE-213470038 2612 STRANG, PAT 41958 5TH ST TEMECULA 12/13/2021 08*56:13 12/13/2021 08:57:50 12/13/2021 08*58:36 12/13/2021 09:05:09 NE NO 01/08/2022 01:00:34 242J TE-220080004 4471 VALADEZ, ALFONSO 41958 5TH ST TEMECULA 01/08/202201*00:34 01/08/202201*34:24 01/08/202201:34:28 R YES 01/17/2022 04:20:09 245P TE-220170011 5770 BARNEY,GARRETT 41958 5THST TEMECULA 01/17/202204:20:09 01/17/202205:48:20 01/17/202206:00:41 01/17/2022102341 R YES 02/O5/2022 OS'S3:23 ACID TE-220360131 3222 HEUER, MICHAEL 41956 5TH ST TEMECULA 02/05/2022 05:53:23 02/05/2022 05:54:01 02/05/2022 05:55:49 02/05/2022 06:16:56 NE NO 02/18/2022 11 431, 2115 TE-220490012 3712 PIERSON, VICTOR 41918 5TH ST TEMECULA 02/18/2022 11:43:10 02/18/2022 11:43:52 02/18/2022 11:47:19 02/18/2022 12:1107 NE NO 03/03/2022 081500 ALARM TE-220620219 5729 CHIRAFISI, NICHOLAS 41958 5TH ST TEMECULA 03/03/2022 08:15:00 03/03/2022 08:21.02 03/03/2022 08:30:01 03/03/2022 08,33:28 NE NO 04/08/2022 10:50.47 647F TE-220980295 3398 STAAT, CHAD 41958 5TH ST TEMECULA 04/08/2022 10:50:47 04/08/2022 10:50.48 04fO8/2022 10:50:48 04/08/2022 11:18:48 NE NO 04/09/2022 11:54.59 415 TE-220990225 3222 HEUER, MICHAEL 41958 5TH ST TEMECULA 04/09/202211:54:59 04/09/2022 11:55.00 04/09/202211:55:00 04/10/2022 12:01:22 NE NO 05/06/2022 013953 UTROUB TE-221260012 5398 HALL, WHILLIS 41958 5TH ST TEMECULA 05/06/2022 01 :39:53 05/06/202201:42.24 05/06/202201:42:24 05/06/202201:51:12 INS NO 05/06/2022 11:44.43 ALARM TE-221260119 3712 PIERSON, VICTOR 41958 5TH ST TEMECULA 05/06/2022 11:44:43 05/06/2022 11:45:07 05/06/2022 12:04:10 05/06/2022 12:16:52 NE NO 06/05/2022 01:2641 MPERSO TE-221560017 4198 1ACOBO, THOMAS 41958 5TH ST TEMECULA 06/05/2022 01:26:41 -- 06/05/2022 01.46:13 06fO5/2022 01:46:13 06/05/2022 01:54:53 _— NU NO 07/10/2022 02:0251 SCIRC TE-221910077 3720 GRUWELL, NICHOLAS 419585TH ST TEMECULA 07/10/202202:02:51 07/10/202202:06:07 07/10/202202:3232:48 07/10/202202:56:18 NE NO EXHIBIT P Pagel 0563 D205 D206 EXHIBIT Q 0564 D206 EXHIBIT Q Pagel D207 Check number Ticket Nm/Reason Date Date paid Amount 1078 5879/Hours 3/5/21 3/29/21 $50.00 1079 5881/Hours 3/6/21 3/29/21 $150.00 1080 5882/Hours 3/12/21 3/29/21 $250.00 1081 5884/Hours 3/19/21 3/29/21 $250.00 1082 5889/Hours 3/20/21 3/29/21 $250.00 1113 6981/Both 4/16/21 4/28/21 $500.00 1114 6983/Both 4/17/21 4/28/21 $500.00 1115 5979/Both 4/10?/21 4/28/21 $400.00 1116 5976/Both 4/9/21 4/28/21 $300.00 1117 5895/Hours 3/27/21 4/28/21 $250.00 1118 5893/Hours 3/26/21 4/28/21 $250.00 1119 6976/Hours 4/2/21 4/28/21 $250.00 1120 6977/Hours 4/3/21? 4/28/21 $250.00 1246 6938/Both 6/11/21 8/13/21 $500.00 1247 6941/Both 6/12/21 8/13/21 $500.00 1248 (PUBS) 6939/Hours 6/12/21 8/13/21 $250.00 1249 (PUBS) 6942/Hours 6/13/21 8/13/21 $250.00 1250 6801/Both 6/19/21 8/13/21 $500.00 1251 6803/Both 6/20/21 8/13/21 $500.00 1252 6052/Both 6/25/21 8/13/21 $500.00 1283 6851/Both 6/27/21 8/13/21 $500.00 1284 7105/Both 7/2/21 8/13/21 $500.00 1285 7108/Both 7/3/21 8/13/21 $500.00 1286 6943/Both 7/9/21 8/13/21 $500.00 1287 7114/Hours 7/10/21 8/13/21 $250.00 0565 D207 EXHIBIT Q Page2 1290 6926/13oth 5/21/21 8/13/21 $500.00 1292 Civil Penalty 7/30/21 8/19/21 $500.00 1293 Civil Penalty 7/30/21 8/19/21 $750.00 1294 Civil Penalty 7/27/21 8/19/21 $500.00 1295 Civil Penalty 7/31/21 8/19/21 $1000.00 1296 Civil Penalty 8/1/21 8/19/21 $1000.00 1297 Civil Penalty 8/6/21 8/19/21 $1000.00 1298 Civil Penalty 8/7/21 8/19/21 $1000.00 1299 Civil Penalty 8/8/21 8/19/21 $500.00 1300 7122/hours 7/24/21 8/8/21 $250.00 0566 D208 EXHIBIT Q Page3 CJB CALIFORNIA P&NIK Tau i7F Transaction Details D209 f 90-321fl [ 1078 3 "c�t2j-- ----- I $ bDGo uu (; $ CALIFORNu BANK TRUST +RSSST TEMECULA OFFICE 9161 S WINCH ESTER RD, TEMECULA- CALIFORNIA 92590 f CST C.- $-0004 -bow ealh�nk[ruR.eem f 1: 1 2 2 2 3 2 1091: 5 ?9 56 5696 511' 10 ?B CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 on �C OcoC7 �1— o{O9� Oi A o'-4Mv0 C5 ca 90 { z 0 'w30 O I� y ; m rn m Dj 6 0 'o r m � x ri 0567 D209 EXHIBIT Q Page4 CIB3 CALIFORNFA BfLNIK Tau i7F Transaction Details D210 11 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 v C B CALIFORNIA BANKiTRUST .ix Olr TEMECI1lA OFFICE ` TT_ 4I415 wINCMESTER RD-. TEMECUI.A, CALIFORNIA 92590 C97 tenn.ee I-Buo-yoO-iGiG eyh.nkervae eakl 1:1 2 2 23 2 1091: 5795656965I1' 1079 I 3 � 2 � llele�mHmk c.eyo ��g -G o 2 s7 _.,, b r -_, 4'0 ern-o0 ;pCa a Z p min U_?N �Tj W C -LAD 0 Zip rn �o. ,cc; F �f _ m • � G hl f` ri y d 0 t m S ' m m m 0568 D210 EXHIBIT Q Page5 B C CALIFORNIA Bf��k� -�- Transaction Details rRL:ib D 211 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 ° 1080 P order of�iG'4 gou $ CALIFORNIA BANK TRUST 'j'1U6T TEMECULA OFFICE 416tqqq CRT WI I S W 004 W cmlb u, mtgum NiA 97590 MnKt e�lb�nkvwc�em �a No 5 8 6Z L222321091: 579565696Sol 1080 -- 0569 $ NP 61 rn z 0 O rn m m m m D211 EXHIBIT Q Page6 B C CALIFORNIA Bf��k� -�- Transaction Details TAv5T' D212 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 10 12M 1081 a= -� /j q b L 4 �aFc Wd� i 4-q 0� -tAvv-r�t o- $ 0 d C B CALIFQRNU BANKOLTRUST 1'kg6T TEMECgLA OFFICE 41615 WINC14E5TER RD., TEMECUTA, CALIFORNIA 92544 % CdT C—mt I-v�cg EO{O ea h8 kfryn,rp,1 ca 1:1 2 223 21091: 5'e95G5G9GSill 1081 0570 N [3 h7 (7 mo c Qco ca C, w O 40 C, ,..,�--4 ©0 c' CD w_ �coQ jnl r_ 0 111 a m — rn r C rn 0 a r 91 D212 EXHIBIT Q Page7 CJB CALIFORNIA P&NIK Tau 5TF Transaction Details D213 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. _ TEMECULA, CA 92590 I m °rzz c` 1082 _L I $ asa=a- C B CALIFORNIA BANKTRusT TxITOT Ilzr 41*15 NCHESCE {Ii15 WiNCNEST£A IISf,. TQMELVII. CALIFURNu 9159 0 COT Camin[ 14PH-4004000 .Jb-k.� o. L 2 2 2 3 2 1091: 5?9565696S118 108 2 Ar J 0 O z v o o n fj), i fn =izo a rn r A It3i Z� >� r-m r N m Q n m D] a M `1 m rl W b f � � 0571 D213 EXHIBIT Q Page8 CIB CALIFORNFA $} NIK Tau i7F Transaction Details D214 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 9°m'°� 'r .1113 Ppo a $ 56 C B CALIFORNIA BANK TRUST TattsT TEMECULA OFFICE NQV 15 15 ... -I ESTER R[) , 4EMELuu, CKlJ FORNI/� 91590 ° CBT5 WINCE ESTER 00i6 TE ?aCU Ar K Fn f nor I:L22232L09+: 579565696SV1&13 0572 D214 EXHIBIT Q Page9 CJB CALIFORNIA P&NIK Tau i7F Transaction Details D215 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. ` TEMECULA A 92510 C e tiD'v► � 0-- Imo 1114 a?r,�id z I C B CALIFORNIA BANKITRUST TRUST TEME416PS WIN OFFICE NZF CBT onnea ESTER1-WO- RO, 7EMELVLA, LALIFOPNU 72570 y CeT Lonna I•BO?1o[I foeu elwnefveyu)��)t.com 22232&091: 5?956S696Su1 &4 560 6 00 I ��I --e ••1 OeIdIIB on HpLt Ar 0573 D215 EXHIBIT Q Page10 CIB CALIFORNIA BANS SRL XTF Transaction Details D216 t CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECU CA 92590 Emma: ME rim °10 12M 1115 a=j" 1 2,5lzt C $ CALIFORNIA BANK TRUST TxvSr TEMECUu OWU 41615 wINCNESTEESTER W.. TEMECuu, CALIFORNIA 17590 CST Cen — I-W 1pp Woo uIb- t— eem 1:1222321091: S?9S6S69651,'LLLS' 0574 t-38 �icv 00 q�8Q aO O m La !J m N - C -440 0 0 i rn a- t o O N N t' f'Q ril C r I � O to � Al LJ D216 EXHIBIT Q Page11 CIB CALIFORNIA BANS Tau i7F Transaction Details D217 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT 5T. TEMECULA, CA 9250 A� C) ordEr of C B CALIFORNIA BANK TRUST TRyBT TEMECU A OFFICE " ar ♦ COT M " 1 STFR An, TEMECULA. CALIFORNIA 91590 G9T /Ga7nmir 1 aoa4aa-67au srlWnlvu.tcon J: L 2 2 2 3 2 L 0 9 1: 579565696SOLLL6 0575 -10 1�' l 116 222 � $ 566 J m Q n m m m m rn D217 EXHIBIT Q Page12 B C CALIFORNIA BA�� -�- Transaction Details rRLi7F D218 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 0 -� K-L� , L 2Im X 1117 a �/,?- 01 zl $ 2-S V v C B CALIFomu BANK TRUS it➢!T TEMfGUI-A OFFICE 4lil S WINCMESTER Rp„ TEMECUt& CI IFORNIA 93$Po COT Co— I-eu4-4uo 6M cd6wkn 1: 1 2 2 23 21091: 5?9565696S01 1 0 0576 O Q i C7�pM�N� O I A W � i] � —I C) �h D a " "f O ton .0 u 4 p N I -n 33 N I ca I � rq A � L7 'i 0 m 0 0 N m m rri m D218 EXHIBIT Q Page13 CJB3 CALIFORNIA P&NIK SRL 5TF Transaction Details D219 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 4 � •• -- •• Oelelk on 9ech $ GALIk omu BANK. RUST _ _ -� TEMECULA T!O!T IN OFFICE 41413 4I{IS WINCNESTE0. M., TEME[4u. Cu1FOIeNIw 975f0 CRT Connect 1 100.400 6D80 W6 tv S J� ��fiv� 1: L 2 2 2 3 2 L091: 579565696S114L&IB 9° m °�� A1,4 1118 a= jL- 2I hYON(')om G'U 13 �-non C�_ � a QWS a x r N - LLD (day] r 51 0 1 E ,Vy �� . iL"4„ 1•. w, o ., r- `[s n _ r� r„ ` n 3 m z 0 0 ;C7 N m S m m m 0577 D219 EXHIBIT Q Page14 B C CALIFORNIA Bf��k� -�- Transaction Details SavSTF D220 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 v U v C B CALIFORNIABANE RUST TRUST TEMECUW OFFICE V615 WINCHESTER RO. TEMSCuLA, CA IFORNU 92590 CST Conn— $490 W4060 id6mklr c— r 22232L091: 5795E5696Sum IIL9 9u, 1119 Q 5P agib �a w ----------------------J N-"�� E.S+S � :�000E n�o�j�op m a o w 3 p a m, p D Ev- � D m rra" 0 " 7a cs+ Z n m X rn m m a N xw N^ � W f^ ]7 r � e � � F' 41 ro i a � 0578 D220 EXHIBIT Q Page15 B C CALIFORNIA Bf�Nk� -�- Transaction Details rRL:iF D221 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 71 � zo-r of l 9010222 !� 1120 U V V C B CALIFORNIA BANK�TRUST -,- Tlpii TE A OFFICE �1611 WIWINCHESTER Rp„ TENECIILA. CALIFORNIA 92.590 lCRT rCo'n �c j1-6o 400 b kT�yH,com jv� 1:122232LO91: 579565696511'Z L20 e aKwa.�e c.m�. E. bad "o-"4 -nSD o4� o�aa �To eca �a� 0 0� urn m cn = Z�j m > ; x CQ o N � rN , L7 m X 2 O m Y m m 0579 D221 EXHIBIT Q Page16 C B3 CALIF iNI, B&Nx Tau XT' Transaction Details D222 CNC PUMA CORPORATION 90 3210 4& 1246 DIP CASE 6:20-BK-17551 1222 GENERAL ACCOUNT 28645OLD TOWN FRONT ST_ TEMECULA, CA 92594 - 1-6m!! 5C�000 der o C B CALIFORNBA BANK TRUST Txu9T TENECVFA OFNCE 06IS W NCNESTER RD., TVMFCULA. CAUFORNIA 91590 CST C.— I-aW4006010 cd6—,ry,S,com 1sh22232L091: S49SP.SF,96 w gNBa� -i ANGFLES-202 t U630-0U0()0 , )'';;Qt'910 Q 2 K' m m I '+r°p n K zR2 A �C��7��[e�5iz.�►i�M�[�t:��Esnff�iZ:�E�ir1c�► D222 EXHIBIT Q Page17 CJB CALIFORNIA P&NIK SRL XTA Transaction Details D223 f CNC PUMA CORPORATION DIP CASE 6:20-BK-17559 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 1' '° 04, 1247 00 vv $ '5QO010 $ CALIFQRNIA BAN�RUST •riV>iT TEMECULA OFFICE p 4MI$ WINCNESTER RD.. TEMECULA. CALIFORNIA 9IS90 ,4 C6� � I� 170 <IJG.nM4rwLcom 1:1 2 2 23 21091: 5?9565696Sill 1 247 8 . D=-Bfi��Bn L - ------------- -------------I 0581 D223 EXHIBIT Q Page18 CI 111PCfRAll:l I3{ 3H �klS7• Transaction Details D224 L CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. L TEMECULA, CA 9�0 Y V ■ C B CALIFORNIA BANK TRUST T1LOt TEMECULA OFFICE 11616 WINCNESTER Rd., TEMECUM CALWORNIA 93S/0 CRT C—t 1.000 400.6000 nIbwkarvaLoo- 1: 12 2 2 3 2 1091: 5?956 5696 5111 h 248 1Z20 2 1248 $01 BxviM Features Oviail� m 8eu 0 m O m N m x m m i i 0582 D224 EXHIBIT Q Page19 CIB3 CALIFORNF BfLNIc SRL i7F Transaction Details D225 CNC PUMA CORPORATION DIP CASE 6:20-SK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 9Im 1249 ta der of V; C)t" &Lc:;, $ Sa(A ppvl�un Ee[k $ CALIFORNIA BANK TRUST 196T TEMECULA OFFICE 4 Im N7NCHESTER RO.. TEMKULA, CALIFORNIA l2590 CRT con— I-900-00-NOO c0b� kSruR- 6 � q ': L 2 2 23 2 i091. 5 79 56 5696 S"8 1 249 0583 C t 4! O �Nv2. A-1 o rn 0 C:) -i W Q T Z = " uI IR AD �Np QQoo iaI vrn�X U C` a n y rq K c r T I M z 0 0 m En m 2 ril m rn D225 EXHIBIT Q Page20 CIB3 CALIFORNFA $} NIK SRL 5T' Transaction Details D226 CNC PUMA CORPORATION 9t_vom 1250 DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT 5T. 3 Zl TEMECULA, CA 92590 p -Itraer of 1 _ �C�i'�I�i/`J�7 4`` $Ob 1 a Imo_ C B CALIFORNIA BANK TRUST TEMSCU" OFFICE 1 TtETRT 41615 WINC"E5TEK RG.. TEFIECLILA, CALIFORN7A 11510 C�{T CCen}en(I"-aw-40 60E0 u1GMlr�rt.wm 1:1 2 2 23 21091: 5?9565696SO 1 250 '§'l h9�,- o 8 1J L 0', ANGEL t-S_2021 E)810—O'00bb ,7R'($Flo r u I y F. L N 7 0 f— rn 6 ' AT + �N; tp p ►n w E! n QpM I Ate, — — `--LOS ANGELf 6600229- 1. 0584 D226 EXHIBIT Q Page21 TELL, Transaction Details D227 CNC PUMA CORPORATION 90 3210 1251 U DIP CASE 6:2"K-17551 GENERAL ACCOUNT q 28645 OLD TOWN FRONT ST.ti.�.!' U 3 TEMECULA, CA 92590 d r � sob- order of C B CALIFORNIA BANK�TRUST 7FM ECL]EII:E -�• �1615 WINfHESTEu.pfk q0., TFMEClll,4 C✓<LIi00.NIA 92590 po yam' C/1f)\7 n I n Conn«, -WlO-100.606U •a1Wnk5ru.i.�grn III T�� w 1:1222321091: S79SGS696Sill 12SL I()-, ANGbI h5_16210830_0UUUbj tIvn O � m i►�0 i om i o �0 w � -LOS A-NGEtE-S-'202108-aO--GO066-00230- r FA D227 EXHIBIT Q Page22 CIB3 CALIFORNFA $} NIK SRL i7F Transaction Details D228 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST. TEMECULA, CA 92590 a� � er of i41 �M 1252 flu�- a $ 5 aD — 0� o w C B iliiii4 y,Iy BANK TRUST Tilll7 RD.,ORNIA 12S CST 1: 12 2 2 3 2 L091: 5 79 56 5696 Sill L 2 5 2 #' 00o [ [�� ANGELES_Z021 U8 3U.....0u06th_,., _ �tCOI0 m p 0 ;b 0 4 ~ iC��Ce�;��;z.�►1�3►�i�t:�d€ETir�F�f�I:�:�E�i��cir� P. A D228 EXHIBIT Q Page23 CIB CALIFORNIA BANS SRL i7F Transaction Details D229 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GF-NERALACCOUNT 28645 OLD TOWN FRONT ST TEMECULA, CA 92590 PAYTOTHE C o1 ORD.ER OF 1 Calif is Bank & Trust 41615 Winchester Rd Temecula, CA 92590 MEMO 11'00L28311' i:122232L09l:5795656921511- „Fraud Protection 90-321011222 DATE } 3 Z 1 �$56a� -. 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(!� aEZS17ield �" Check 001295 E ,Fraud Protection �'(9D-3210/1222 DATE " 1 + f` ±, '*0 DOLLARS California Bank & Trust 41615 Winchester Rd Temecula, CA 92590 I MEMO 000 129 SO 1: 12 2 23 2 109t:54951].569651ko W ai Mi - - w L � c 0595 D237 EXHIBIT Q Page32 CIB CALIFORNIA SRL i7F Transaction Details D238 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST TEMECULA, CA 92590 PAY THE v ORDER OF-- California Bank & Trust 41615 Winchester Rd Temecula, CA 92590 MEMO 2 t 1 1 ?—, 111 001 2960 1: 12 2 23 21094579565696Slim EZShieldlm check 001296 Fraud Protection 90-321 OM222 DATE L?r/( Z DOLLARS — oQi�l�yy I �bF+lh113 x z O EN a � �:mlM"� O �n 10 m m O C N m m n �F � I 3 om y ER =� _ �^ a m o m e%� l K 0596 D238 EXHIBIT Q Page33 CIB CALIFORNIA BANK SRL 5TF Transaction Details D239 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST TEMECULA, CA 92590 California Bank & Trus1 41615 Winchester Rd Temecula, CA 92590 MEMO N � m 3 O Nim 11400 1297,11 1:12223210911:5795656965u■ EZStj(eid " Check 001297 Fraud Protection 90-321011222 DATE g I 1 $ lDUu' DOLLARS 0597 D239 EXHIBIT Q Page34 CIB CALIFORNIA SRL ii• Transaction Details D240 CNC PUMA CORPORATION DIP CASE 6,20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST TEMECULA, CA 92590 PAYTOTHE ORDER OAF California Bank & Trust 41615 Winchester Rd Temecula, CA 92590 1 l MEMO 11100 1 2113V is L 2 2 23 2 40g1:57g5656q6Sill �EZShield' Check 001298 Fraud Protection 90-321011222 DATE Z ^r vv I $ �- DOLLARS B M riff dA—r� '0� F I Igco tj 8s m c�I 8 A o v o - r O D240 EXHIBIT Q Page35 CIB CALIFORNIA BANS SRL 5TF Transaction Details D241 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAIL ACCOUNT 28645 OLD TOWN FRONT ST TEMECULA, CA 92590 PAYTOTHE ORDER ©F l/t r 1 California'Dank & Trust 41615 Winchester Rd Temecula, CA 92590 MEMO Z 118001 2990 11: 12 2 23 21091:579565r.965ii' FZZeld' Check 001299 Fraud Protection 9D--3-2761122222 DATE o ! Z $ '�; pva`= DOLLARS t z I N 00 , O I 9 e v �Raoa a ❑ ❑ ro' IV O 0599 D241 EXHIBIT Q Page36 CIB CALIFORNIA BAI�>K SRL i7F Transaction Details D242 CNC PUMA CORPORATION DIP CASE 6:20-BK-17551 GENERAL ACCOUNT 28645 OLD TOWN FRONT ST TEMEC/}ULA, CA 92590 PAY TO THE j y ,�_ J� o ORDER�OF.....— 1. �, '� V - Calilornia Bank B Trust v 41615 Winchester Rd Temecula, CA 92590 J 7 MEMO 11'00 130011' 1: 1 2 2 23 21091:579S65696511' FQShield"*Check 001300 raud Protection 90-3210/1222 DATE "�Z $ d5oq DOLLARS r ao � x m m z d o ! mFF N C-7? :3 -' TO I ti v ��aii�z a m ; R ia? m m oil nx P m Z - _ � P i 0600 D242 EXHIBIT Q Page37 0601 CNC PUMA CORPORATION'S TIME LINE OF EVENTS INVOLVING THE RECOMMENDED REVOCATION OF THE CUP FOR THE BANK RESTAURANT (Submitted to the Attorney for the City of Temecula on January 4, 2022) • Craig Puma and Christy Puma bought the business known as The Bank of Mexican Food in early 2007, which was, at that time, a restaurant that could serve only beer and wine. • In late 2007 they applied for a CUP (Conditional Use Permit) to have the liquor license upgraded to a type 47 which allows for distilled spirits as well as beer and wine (a full liquor license). They had to jump though some hoops and go to some classes mandated by the city for all business applying for this upgrade and it was all approved in January of 2008. So now they had a restaurant with a full liquor license, but they had limited operating hours (till 10pm Sunday thru Thursday, 11pm Friday and Saturdays and 12am on holidays). • The Planning Director was in the restaurant one day, he was a supporter of the restaurant, and he told Craig Puma to apply for a minor modification of the CUP because it made no sense for them to be required to close at the hours required by the CUP at that time. • So, in October of 2008 an application for a minor modification to their CUP was submitted, requesting an extension of hours until 2am everyday of the week. The Planning Director expedited that application through the process and the minor modification was granted by the city. So, the restaurant began staying open most days until 2am except on slow midweek days they would close earlier if business died off. • In 2012 the old owners applied for another minor modification for an entertainment license to allow for indoor music. Patrick Richardson, the Planning Director, came to the restaurant and told Craig to apply for the entertainment permit in person as Craig already had live entertainment but did not have a permit on file. This was approved in less than a day in February of 2012. The owners now had live entertainment and continued to operate until 2am for the next 8 years when we bought it in February of 2020. There is no way Patrick Richardson (who was a supporter of the restaurant and the city official who encouraged the restaurant to stay open until 2:00 a.m.) would have told Stuart Fisk to eliminate the 2008 modification which allowed the restaurant to remain open until 2:00 p.m. when the 2012 minor modification allowing live entertainment was granted. • The current restaurant owner/managers continued to run the restaurant the same way for about 3 weeks and then the COVID 19 shutdowns happened. So, the restaurant was closed for about 2 months and then it was allowed to reopen for outside dinning around the end of May of 2020 and again it was open late on Thursday thru Saturday but business was slower most week days and the restaurant sometimes closed earlier. • In 2020 other restaurants in the area started to run as nightclubs again and the Bank followed suit beginning the last week of September 2020. The Bank restaurant started to run as a nightclub again on Thursday thru Saturday nights and saw some real success with it. • In January of 2021 the city started to question the Bank's hours of operation stating that their records show we had to close at 10pm and 11pm respectively. We called the old owner and talked to him and he said no, he had applied for and was granted an extension of hours in 2008 and said he left a copy of the modification in a file in the office. We could not find it but told the city what Craig had told us and that they must have a copy of it on file. 11I1*1?� • The city got back to us sometime in February that they could not find a modification that extended the hours until tam and that we would have to close at 10pm and 11pm which was the hours listed on the 2012 modification that allowed for live entertainment. • Craig Puma called ABC (the Alcohol Control Board) and ABC provided him with a copy of the 2008 modification which the city had filed with ABC (in 2008). The Bank provided that copy to the City and asked them to update their records accordingly. • But the city told the owners they would have to go through the 3-to-4-month process of reapplying for a new modification to extend the hours and the 2008 was not valid cause the 2012 extension wiped it out. • The owners told the city made a mistake when they wrote the 2012 and pointed out that the city must have lost the 2008 modification prior to completing the 2012 modification as there were major typos in the 2012 modification and asked to just have the error corrected. • At no previous time, during the eight (8) years since the 2012 modification, had the City attempted to require the Bank, until February 2021, that the restaurant/night club must clOose prior to 2:00 a. m. • At no time did the City inform The bank until February 2021, that the second modification in 2012 had eliminated the 2008 modification. • After that The Bank restaurant started to receive fines from the city for violating the CUP's hours of operation section every Friday and Saturday night. The Bank paid some of the fines while the owners continued to try and talk to the city into resolving the situation. • The Bank also started to get violations for excess sound from around April 3 to July 3 of 2021. • The Bank responded by correcting the sound issues and no further additional sound violations were issued after that. • The City of Temecula requires the applicant to sign a form accepting any modification granted, otherwise the modification's legality is subject to legal challenge. • Such a form was never signed by the owner at the time of the 2012 modification. • At about this time the owners discovered that the modification of 2012 had never been accepted and the modification form had never been signed by the Bank's owners. • Therefore, the owners determined the 2008 modification, with the extended hours was still in effect. • A laches argument arose at that point, both as to the non -enforcement by the City of the 2012 modification as to hours and to live entertainment. • The Bank stopped paying the late hour violations by August 31 of 2021 as it had become apparent at that point the city was not going to work to resolve the issue and the owners decided to fight the inequitable and unfair imposition of the early closing hours and the citations. • The city sent in building and fire inspectors toward the end of July 2021 and cut the Bank's capacity to about 1/3 of what we had been operating with over the last year. Then the last week of July of 2021 the city started to send a fire marshal, two city officials and at least one sheriff officer into every business running any kind of club every Friday and Saturday night for over a year (it is still going on now) usually two inspections a night. • Such conduct amounted to an illegal taking of property by the City in violation of both the Constitutions of the United States and of the State of California. • Thanksgiving weekend 2021 there was a shooting about a block away from The Bank and the Sheriff's department sent some officers to The Bank in order to determine if the people involved in the shooting had been in The Bank. • The Sheriff's investigators came by and gave a description to two of the people involved and our door bouncer said he remembered two guys that fit that description. The Bank pulled its' security camera footage from that night and showed the investigators that The Bank had denied entry to the two suspects. The Sheriff's investigators then left and did not take any of The Bank's camera footage. They did however, thank The Bank employees for their cooperation. • On January 9t" 2022 there was a murder on our property. • It was a Sunday night and the shooter was the son of a current DEA agent and his mother works for the FBI. The person murdered was a former bouncer of ours that was let go 6 or 7 months earlier. He worked at another restaurant down the street and was celebrating a promotion he had received earlier that day. He was trying to deescalate a situation between two other people, one of which was a guy he worked with and the other was the shooter. These two guys, not our former bouncer, had apparently gone to high school together and it was a chance meeting that night and it escalated to a shooting in a matter of seconds before our security could intervene. • The fact that it accorded at The Bank was a happenstance and had nothing to do with security at The Bank. • On April 13, 2022, The Bank received a formal notification from the city of Temecula that they were holding an administrative hearing to revoke The Bank's CUP. However, the City had made another mistake in the notification process and sent a subsequent notification on or about April 18, 2022. • But the City had made yet another mistake on the April 18, 2022 notification and so the City sent a third notification on May 19, 2022. • The hearing date on the CUP revocation was set for mid -July and the city then requested a new hearing date as their witnesses could not make it on that date and so the hearing was pushed to August 31, 2022. • The hearing was held via zoom meeting and lasted two days. The first day was the city witnesses, the deputy city manager (Luke Watson), the senior code enforcement official (Tom Cole), the Sergeant in charge of the area of Temecula form the Sheriff's department (Sgt Hepner) and two private investigators (not sure of their names). Day two started with the city finishing with its last witness (one of the private investigators) and then they rested their case, with two rebuttal witnesses on standby. • The Bank began its defense with two witnesses, Craig Puma the old owner and Amanda Lane a current partner in the business. • The Bank's landlords were also a respondent to this case and they called two witnesses. They landlords are arguing a different issue regarding notice given them by the city and while the goal of both is the same, their issue with the city is different. • After the landlords rested their case, the city called a rebuttal witness, a Planning Department staffer, Stuart Fisk, ostensibly to refute Craig Puma's testimony. • But then, the Mr. Fisk went beyond the scope of rebuttal and began to testify to an entirely new matter of evidence. The veracity of Mr. Fisk's testimony is highly dubious and the new evidence 1.1 to which he testified failed to address, much less to refute, anything to which Mr. Puma or Ms. Lang had testified. • The new evidence merely provided an excuse as to why the city's position about the modification of The Bank's hours of operation was not a mistake. • The city claimed they purposely reduced the hours back in 2012 at the request of the then planning director. This statement is completely not true and goes against all the evidence that was submitted and makes no sense but it is what was said under oath at the last minute in testimony offered in the guise of a purported rebuttal witness. • The city presented almost no actual physical evidence and what little testimony was offered by the City's witnesses was primarily opinion and few, if any facts. • The Bank presented email chains from city officials stating they could not find documents, emails where they stated conjecture as to what they thought might have happened. • The City's witnesses and arguments presented were inconsistent and their stories at the hearing were different than explanations the City had previously offered. • The Bank provided its calls for service from the Sheriff's department showing The Bank did not have any of the issues the City had falsely claimed. • The calls for service provided by the bank proved that The Bank's calls for service were less than other businesses in the area. In fact, the calls for service in their totality demonstrated that The Bank had fewer issues that normal when compared to other businesses in the same area. • The evidence submitted by The Bank also proved the city had violated its own municipal code, if in fact it did intentionally attempt to reduce the hours. It is more believable to conclude that the City's reduction of The Bank's hours of operation in the 2012 modification was the product of another mistake, among a little of other mistakes committed by the City in this matter. Respectfully submitted, James F. Penman James F. Penman Attorney for CNC Puma Corp. Respondent - Exhibit LL — Correspondence Regarding Hearing Dates 0607 Page 49 From: Erika Ramirez To: Amanda Moore Subject: RE: Setting of Hearing - Revocation of the CUP for The Bank Date: Wednesday, June 1, 2022 10:41:00 AM Hello Amanda, We have not yet received a hearing date from the Office of Administrative Hearings. Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez@TemeculaCA.gov TemeculaCA.gov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Amanda Moore <my5kidsmama@gmail.com> Sent: Wednesday, June 1, 2022 5:34 AM To: Erika Ramirez <erika.ramirez@temeculaca.gov> Subject: Re: Setting of Hearing - Revocation of the CUP for The Bank 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. Has there been a date set yet? Thank you, Amanda Lane Sent from my iPhone On Apr 28, 2022, at 4:18 PM, Erika Ramirez <erika.ramirez@temeculaca.gov> wrote: Hello Amanda and Craig, Unfortunately a few dates I originally suggested are no longer available. Please let me know as soon as possible if the following dates work for both of you or please advise me of other possible dates so that I may get this hearing set with the Office of Administrative Hearings (OAH). • July 7th • July 21st • July 25th Thank you, 0608 B414 Page 50 Ex. C.34-001 B415 Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez(@TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Erika Ramirez Sent: Monday, April 25, 2022 10:37 AM To: my5kidsmama@gmail.com, cpumavi@gmail.com Cc: Jennifer Petrusis <JPetrusis@rwglaw.com>; Randi Johl <randi.johl@temeculaca.gov> Subject: Setting of Hearing - Revocation of the CUP for The Bank Hello Amanda and Craig, I am Erika Ramirez, Deputy City Clerk for the City of Temecula, I will be handling the setting of the hearing with the Office of Administrative Hearings (OAH) regarding the revocation of the CUP for The Bank. The OAH requests that we coordinate the selection of three possible dates for the hearing. I am suggesting the dates of May th, June 2nd, and June 15th 25again these are only suggestions, please let me know if these dates work or advise on other possible dates that will work for both of you. Please note that OAH hearings are being held by telephone/videoconference. Please let me know if you have any questions regarding the scheduling of the hearing with the OAH. Thank you, Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez(&TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Please note that email correspondence with Temecula, along with attachments, may be subject to the California Public Records Act, Mbroore may be subject to disclosure unless B41 5 Page 51 Ex. C.34-002 otherwise exempt. 0610 Page 52 Ex. C.34-003 B417 From: OAH San Diego@DGS <OAHSanDiego(@dgs.ca.gov> Sent: Wednesday, June 15, 2022 8:29 AM To: Erika Ramirez <erika.ramirez(@temeculaca.gov> Subject: RE: {Matter No.[2022051021]1{The Bank} 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. We can send a courtesy copy of the Notice of Assigned Hearing Dates. Please note OAH's practice is to only send it to a parties' representative and any further communication will be sent to the attorney. If you would like to be added to the attorneys service list to receive future communications, please have the attorney submit a Consent for Electronic Service Agreement form found at — https://www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Forms/Page-Content/Other-Helpful- Forms. Please note this form must be requested/signed by the attorney and is for all OAH matters. You would receive correspondence in all matters the attorney is a party in. Thank you, 0611 B417 Page 53 Ex. C.35-001 OAH San Diego From: Erika Ramirez <erika.ramirez(@temeculaca.gov> Sent: Wednesday, June 15, 2022 8:15 AM To: OAH San Diego@DGS <OAHSan Diego(@dgs.ca.gov> Subject: RE: {Matter No.[2022051021]}{The Bank} CAUTION: This email originated from a NON -State email address. Do not click links or open attachments unless you are certain of the sender's authenticity. Is it possible for me to get the notice as well through OAH Secure E-filing system? Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez(@.TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: OAH San Diego@DGS <OAHSanDiego(@dgs.ca.gov> Sent: Wednesday, June 15, 2022 8:14 AM To: Erika Ramirez<erika.ramirez(cDtemeculaca.gov> Subject: RE: {Matter No.[2022051021]}{The Bank) 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. Good morning Erika, The hearing in this matter is scheduled for July 7 and 8. The Notice of Assigned Hearing Dates (NOAHD) was served to the parties' representatives on June 2, 2022. In this matter, the NOAHD was served directly to the city's attorney via OAH's Secure E-filing system. Thanks, OAH San Diego From: Erika Ramirez <erika.ramirez(@temeculaca.gov> Sent: Tuesday, June 14, 2022 11:53 AM To: OAH San Diego@DGS <OAHSan Diego (d)dgs.ca.gov> Subject: RE: {Matter No.[2022051021]}{The Bank} CAUTION: This email originated from a NON -State email address. Do not click links or open attachments unless you are certain of the sender's authenticity. na4,i Page 54 Ex. C.35-002 Hello Zenobia, Following up on the setting of the hearing. Thank you, Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez(@TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Erika Ramirez Sent: Wednesday, June 1, 2022 5:45 PM To: OAH San Diego@DGS <OAHSanDiego(d)dgs.ca.gov> Subject: RE: {Matter No.[2022051021]}{The Bank} Hello Zenobia, I apologize for the delay. Requesting 2 days for hearing. There is not a Request for Hearing or Notice of Defense. The City is initiating this hearing pursuant to the Municipal Code's requirements for revoking a conditional use permit. If you need further explanation you may contact City Attorney Jennifer Petrusis at JPetrusisl@rwglaw.com Thank you, Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika.ramirez(@TemeculaCA.gov 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: OAH San Diego@DGS <OAHSanDiego(cDdgs.ca.gov> Sent: Tuesday, May 31, 2022 2:33 PM To: Erika Ramirez <erika.ramirez(@temeculaca.gov> Subject: {Matter No.[2022051021]}{The Bank} 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. n Cr;I Page 55 Ex. C.35-003 I am writing to get clarification regarding how many days you are requesting for the hearing (1 or 2 days). In addition, is there a Request for Hearing or Notice of Defense for this case? Thank you, Zenobia Akindipe General Jurisdiction Division Senior Legal Typist 402 West Broadway, Suite 600 San Diego, CA 92101 (619) 525-4475 <http://www.dgs.ca.gov/oah/Home.aspx> `.A Please consider the environment before printing this email CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication Click here to report this email as spam. NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 0614 B420 Page 65 Ex. C.35-004 7x1) ��I1 � z a City of Temecula G' Communny nevebprn nt ]� VSD 41000 Main Street JV4 f Temecula, CA 92590C it �a,FOp Dk St TO: Ms. Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 0615 �7TVTC 6Aiv rvi � vS3OY }Yn �� f ex s��.t� GCT31 l9 i} TPi B421 UNCLAIMED i4 i� tJ t\ 14 1 V .J i fY 6d 6 Y4 1 UNABLE TO FOYRWARD Page 56 ; S- JL3�Cdt�"�'�� -'3"4t--tifLt2l�1-1 .lX.ti..L G.36-001 rtt}t11111thl017711tt17llIi?? t'; 1i1�bille f JitJIN 3Hl 013dOl3ANff d0 d01 ltl !l3NDI1S 3�YYid ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Ms. Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 &j 1-11 X ❑ Agent ❑ Addressee B.'Received by (Printed Name) b,. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® I I ill I III ❑ Adult Signature ❑ Registered Mail Il �'IIII I'll l�l I Ill I I Il I I II l ll II ElR Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 3667 7335 1029 71 Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirnnationTM ❑ Insured Mail ❑ Signature Confirmation 7 019 0140 0000 8151 2069 ❑ Insured Mall Restricted Delivery Restricted Delivery (over$500) Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 0616 B422 Page 57 Ex. C.36-002 B423 City qf Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 69+6477 • TemeculaCA.gov 1989 CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0617 B423 Page 58 Ex. C.36-003 CERTIFIED MA/L° Zz 7019- 9149 @000 8-11S=�,- 2076 City of Temecula �` "munI DevdopnwA 41000 Main Street Temecula, CA 92590 J —R—T—S— 925905220-1N 07/20/22 RETURN TO SENDER UNABLE TO FORWARD UNABLE TO FORWARD RETURN TO SENDER Illnll111111111111111111111111ulllulll1111111111n11111111111l1111111 0 F�ECEW ED JUL 15&.7 C17Y OF� ME�u ComwW1Ty_40. vestments, LLC, �OpMEVf in S. Solomon, Ppty. Owner own Front Street A 92590 B424 Page 59 Ex. C.36-004 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No Zip Third Investments, LLC, Attn. Norman S. Solomon, Ppty. Owner, 28645 Old Town Front Street Temecula CA 92590 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mail II I'III'I ('II I!I I III I I I () I I II I I III I I II I I I I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted certified Mail® Delivery 9590 9402 3667 7335 1030 39 9Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConfirmationTm 2. Article Number (transfer from service label) ❑ Insured Mail ❑ Signature Confirmation -? n 1. 9 n 1. 4 n n n n n A 1. S 1. ? n 7 i, ❑ Insured Mail Restricted Delivery Restricted Delivery Ps Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i 0619 r B425 B425 Page 60 Ex. C.36-005 286'i5 014Teww &mot-% Te4e-,CV l c— c4 q m""', A4+N'. aocrtiaK 1 c4 City of Temecula Toj- OLO'n-e-r Community Development 41000 Main Street - Temecula, CA 92590 Phone (951) 694-6400 - Fax (951 )694-6477 - TemeculaCA.gov CERTIFIED MAIL -IRA GK 06 4 7o A o oko oo0o cg%sl a o`1(P RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0620 B426 Page 61 Ex. C.36-006 � IIIIIII�INIIIIIIIIIIVIIIIIIIINIIII!! 7019 0140 0000 8151 2052 J ffel B427 City of Temecula 41000 Main Street Temecula, CA 92590 Mr. Craig Puma The Sank 2864501 Teii ieCulc 0621 NIXIE 910 iE s 7 206128I22 � i?Ff¢85 TO SENDER B427 NOT aEt_-VERABLE AS ADDRESSED UNABLE T4 FORWARD Page62 MANUAL{ P{RO{`gCq[[ REaa Q SS ii23q4!7ye��{{.7{{ss9``1``9tt73E-9i1 C.36-007 iiiS i154S11�Ff ISiii�ii 1�11��fi i1141 Fl1�ISiii�tiiitifi�9iltSS 711 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return. the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. A. Signature X 0 Agent Addressee B. Received by (Printed Name) C. Date of Delivery 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Mr. Craig Puma The Bank 28645 Old Town Front Street Temecula, Califomia 92590 3. Service Type ❑ Priority Mail Express® J ❑ Adult Signature ❑ Registered Mail I I(I II III III I III I I II I I(I II III I II I II) ❑Adult Signature Restricted Delivery Registered Mail Restricted II R Certified Mail® Delivery 9590 9402 3667 7335 1029 64 Certified Mail Restricted Delivery Q Retum Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConBnnatiorim 2. Article Number (transfer from service /alien ❑ Insured Mail ❑ Signature Confirmation PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ir 0622 p B428 Page 63 Ex. C.36-008 I 7/ City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • Fax (951 ) 694-6477 • TemeculaCA.gov 989 CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 JCraig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0623 B429 Page 64 Ex. C.36-009 rsmin3we 0624 Respondent - Exhibit PP — Bankruptcy Court Filings 0625 Page 1 Case :20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 1 of 10 B769 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lazaro E. Fernandez, Esq.,(Bar No. 134430) Law Office of Lazaro E. Fernandez, Inc. 3600 Lime Street, Suite 326 Riverside, CA 92501 T:(951) 684-4474 F:(951) 684-4625 Email: lef 17kl2acbell.net Attorneys for Movant, Zip Third Investments, LLC UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA — RIVERSIDE DIVISION In re CNC PUMA CORPORATION, a.k.a. THE BANK PLATES and POURS, a.k.a.. THE BANK OF MEXICAN FOOD, Debtor. ZIP THIRD INVESTMENTS, LLC Movant, V. CNC PUMA CORPORATION, a.k.a. THE BANK PLATES and POURS, a.k.a. THE BANK OF MEXICAN FOOD, Respondent. Case No.: 6:20-bk- 1755 1 -WJ Chapter 7 MOTION TO CONVERT CHAPTER 11 CASE TO CHAPTER 7; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NORMAN SOLOMON IN SUPPORT. DATE: TIME: PLACE: U.S. Bankruptcy Court 3420 Twelfth Street Riverside, CA 92501 TO THE HONORABLE WAYNE JOHNSON, U.S. BANKRUPTCY JUDGE: ZIP THIRD INVESTMENTS, LLC ("landlord") moves, pursuant to 11 U.S. C. Section 1112(b), for an order of this Court converting this Chapter 11 case to one under Chapter 7. It asserts that: 1. There is "cause" to convert this case to one under Chapter 7, as the debtor appears to be operating in violation of City of Temecula ("City") municipal code rules and regulations relating to hours of operation, noise 10fii?fie prohibition of the maintenance of a "disg ft� 1 — Page 2 Ex. E.1-00 Case 6:20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 11 Main Document Page 2 of 10 Desc B770 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 house," and the like. As a result of these on -going violations, the City has scheduled a hearing to start on August 30, 2022 seeking to revoke the Conditional Use Permit of the building owned by Zip and leased to the debtor for its business operations. Declaration of Norman Solomon, ¶¶4-7, inclusive. 2. Movant submits that the debtor's multiple, continuous and knowing violations of the City's municipal rules and regulations constitute "gross mismanagement of the estate" as defined in section 1112(b)(4)(B), which is "cause" for conversion to Chapter 7. WHEREFORE, ZIP THIRD INVESTMENTS, LLC prays for an order of this Court: 1. Granting its MOTION TO CONVERT CHAPTER 11 CASE TO CHAPTER 7 in its entirety: 2. Converting this Chapter 11 case to one under Chapter 7; and, 3. Granting ZIP THIRD INVESTMENTS, LLC such other and further relief as the Court deems just, equitable and proper. Dated: August 16, 2022 Law Office of Lazaro E. Fernandez, Inc. ZnV4410 Lazaro E. 1744idez Attorneys for ovant 0627 2 - B770 Page 3 1 Ex. E.1-002 Case :20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 3 of 10 B771 I MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 ZIP THIRD INVESTMENTS, LLC respectfully submits this Memorandum of Points and 4 Authorities in support of its motion. 5 II. 6 FACTS 7 The facts supporting this motion are set forth in the accompanying declaration of Norman 8 Solomon and the numerous exhibits attached thereto and will not be repeated here in the interest 9 of judicial economy and the conservation of scarce judicial resources. 10 A. Cause Exists to Convert this Case 11 Bankruptcy Code section 1112(b)(1) provides that "on request of a parry in interest, and after 12 notice and a hearing, the court shall convert a case under this chapter to chapter 7 or dismiss a case 13 under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the 14 15 court determines that the appointment under Section 1104(a) of a trustee or an examiner is in the 16 best interests of creditors and the estate." 17 The bankruptcy court has broad discretion in determining what constitutes "cause" adequate 18 for dismissal under 11 U.S.0 § 1112(b). See In re Consolidated Pioneer Mortg. Entities, 248 B.R. 19 368 (9th Cir. B.A.P. 2000). While section I I12(b)(4) identifies a number of factors that can 20 constitute "cause" for dismissal of a case, the list is not exhaustive. Id. 21 22 The Ninth Circuit Bankruptcy Appellate Panel opined in In re Bronson, 2013 WL 2350791 23 (9th Cir.BAP Ariz.) that: 24 Indeed, we have held that bankruptcy courts enjoy wide latitude in determining whether the facts of a particular case constitute cause for 25 conversion or dismissal under § 1112(b). See Pioneer Liquidating Corp. v. 26 U.S. Trustee (In re Consol. Pioneer Mortg. Entities), 248 B.R. 368, 375 (9t' Cir.BAP 2000), affd 264 F.3d 803 (9th Cir.2001); see also In re Greenfield 27 Drive Storage Park, 207 B.R. at 916. This wide latitude is driven in part by common sense. Having presided over the often lengthy and complex 28 reorganization proceedings, t'6218uptcy court has a familiarity with the B771 3 — Page 4 Ex. E.1-00 Case 20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 4 of 10 B772 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties and the issues that puts it in the best position to make the "cause" determination under § 1112(b). In addition, the wide latitude afforded to bankruptcy courts is consistent with the legislative history accompanying § 1112(b): "the court will be able to consider other factors as they arise, and to use its equitable powers to reach an appropriate result in individual cases."' In re Consol. PioneerMortg. Entities, 248 B.R. at 375 (quoting H. Rept. No. 95-595, 95t" Cong., 1st Sess. 405-06 (1977), reprinted in 1978 U.S.C.C.A.N. 6362). In re Bronson, 2013 VWL 2350791 at *8 (9th Cir.BAP Ariz.). Here, as set forth below, the facts of this particular case constitute cause for conversion to chapter 7. The debtor's egregious failure to bring its operations into compliance with the City's municipal rules and regulations regarding the operation of its business hours and noise levels, to mention a few, clearly reflects a debtor who is either incapable or unwilling of discharging its duties as a Chapter 11 debtor in possession as clearly set forth in section 1107(a). See generally, Declaration of Norman Solomon. B. "Cause" Exists to Convert Case to Chapter 7 Conversion of a Chapter 11 case is governed by section 1112. It states in relevant part: 1112. Conversion or dismissal (a) The debtor may convert a case under this chapter to a case under chapter 7 of this title unless (1) the debtor is not a debtor in possession; (2) the case originally was commenced as an involuntary case under this chapter; or (3) the case was converted to a case under this chapter other than on the debtor's request. (b) (1) Except as provided in paragraph (2) and subsection (c) on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests, of creditors and the estate. (2) The court may not convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter if the court finds and specifically identifies unusual circumstances establishing that converting or dismissing the case is not in the best interests of creditors and the estate, and the debtors or any other party in interest establishes that — (A) there is a reasonable likelbv dLtt a plan will be confirmed within the B772 - 4 - Page 5 Ex. E.1-0 Case 20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 5 of 10 B773 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 timeframes established in sections 1121(e) and 1129(e) of this title, or if such sections do not apply, within a reasonable period of time; and (B) the grounds for converting or dismissing the case include an act or omission of the debtor other than under paragraph (4)(A)— (i) for which there exists a reasonable justification for the act or omission; and (ii) that will be cured within a reasonable period of time fixed by the court. (3) The court shall commence the hearing on a motion under this subsection not later than 30 days after filing of the motion, and shall decide the motion not later than 15 days after commencement of such hearing, unless the movant expressly consents to a continuance for a specific period of time or compelling circumstances prevent the court from meeting the time limits established by this paragraph. (4) For purposes of this subsection, the term "cause" includes (A) substantial or continuing loss to or diminution of the estate and the absence of a reasonable likelihood of rehabilitation; (B) gross mismanagement of the estate; (C) failure to maintain appropriate insurance that poses a risk to the estate or to the public; (D) unauthorized use of cash collateral substantially harmful to 1 or more creditors; (E) failure to comply with an order of the court; (F) unexcused failure to satisfy timely any filing or reporting requirement established by this title or by any rule applicable to a case under this chapter; (G) failure to attend the meeting of creditors convened under section 341(a) or an examination ordered under rule 2004 of the Federal Rules of Bankruptcy Procedure without good cause shown by the debtor; (H) failure timely to provide information or attend meetings reasonably requested by the United States trustee (or the bankruptcy administrator, if any); (I) failure timely to pay taxes owed after the date of the order for relief or to file tax returns due after the date of the order for relief; (J) failure to file a disclosure statement, or to file or confirm a plan, within the time fixed by this title or by order of the court; (K) failure to pay any fees or charges required under chapter 123 of title 28; (L) revocation of an order of confirmation under section 1144; (M) inability to effectuate substantial consummation of a confirmed plan; (N) material default by the debtor with respect to a confirmed plan; (0) termination of a confirmed plan by reason of the occurrence of a condition specified in the plan; and (P) failure of the debtor to pay an domestic support obligation that first becomes payable after the date of the filing of the petition. In particular in this case is section I I2(b)(4)(B). Zip asserts that the debtor's inability to comply with the City's municipal rules and regulations regarding its various business operations constitute 0630 B773 - 5 - Page 6 Ex. E.1-0 Case :20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 6 of 10 B774 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "gross mismanagement of the estate" and constitute grounds for conversion to Chapter 7. C. Conversion of this Case to Chapter 7 is in the Best Interest of Creditors Once "cause" is established, the court must dismiss the case or convert it to chapter 7, "whichever is in the best interests of the creditors of the estate." See 11 U.S.C. § 1112(b)(1) and In re Nelson 343 B.R. 671, 675 (9rh Cir.BAP 2006). Here, for the reasons amply discussed above, conversion of this case to chapter 7 will allow an independent trustee to liquidate the debtor's assets for the benefit of all creditors. Additionally, Zip asserts that its best chance to preserve the value of its investment by maintaining the Conditional Use Permit is for conversion of this case. Solomon declaration, ¶¶ 7 though 9, inclusive. D. There are no "Unusual Circumstances" present in this case that Would Preclude Conversion of This Case to Chapter 7 As noted above, when the court finds "cause" to dismiss or convert a chapter 11 case, the court must first decide whether dismissal, conversion, or the appointment of a trustee or examiner is in the best interests of creditors and the estate. The court, however, may not convert or dismiss a case if there exist "unusual circumstances" that establish dismissal or conversion is not in the best interests of creditors and the estate. See 11 U.S.C. § 1112(b)(2). The debtor bears the burden of providing the "unusual circumstances" In re Sanders, 2013 WL 1490971 at *7 (9th Cir.BAP 2013) (citing In re Orbit Petroleum, Inc., 395 B.R. 145, 148 (Bankr.D.N.M 2008)). Here, there are no unusual circumstances present in this case that would preclude this court from converting this case to chapter 7. The debtor has continually violated the City's municipal rules and regulations regarding its business operations. More than one hundred (100) pages of citations, the payment of forty- five thousand dollars and the unpaid, administrative expenses of more than sixty thousand dollars ($60,000.00) in unpaid citatica nt immediate conversion to Chapter 7. B774 - 6 — Page 7 Ex. E.1-00 Case 6:20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc II Main Document Page 7 of 10 B775 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONCLUSION For each and all of the above reasons, based upon the well -documented facts as set forth in the accompanying Declaration of Norman Solomon, and also based upon such other and further oral and/or documentary evidence as may be presented at the time of the hearing, movant respectfully requests an order granting its their motion. Dated: August 16, 2022 Law Office of Lazaro E. Fernandez, Inc. Lazaro E. Fe dez Attorneys for tvant 0632 7 - B775 Page 8 Ex. E.1-007 Ca e 6:20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 8 of 10 B776 I DECLARATION OF 1VORMA LOMON I, NOM MAN SOLOMON, HEREBY DECLARE THAT: i L I am the manager of Zip Third lnvestmertts, LLC ("Zip"), the owner of the 4 real r-operty commonly known as 2 645 Old Town Front Street, Temecula, California 92590. 6 Zip is also the landlord of CNC Purna Corporation ("debtor"), the debtor in the above -captioned 7 Chapter 1 l case. Zip is the movant in this matter. 2. The matters stated herein are haled upon my personal knowledge, except as to those 9 matters stated on information and belief, and as to suet matters, I am informed and believe that 10 they are trite and correct. Ifcalled as a witness, 1 could and would testify to the matters stated 11 herein. 12 13 Zip is the landlord, and debtor is the tenant at the. premises located at 2 645 Old 14 rowel Front Street, Temecula, California 92590, pursuant to a Standard/Commercial Single 15 Tenant Lease —Net ("lease") dated February 18, 201 K The lease tarn is seven 7) gears. The 16 debtor operates a Mexicau restaurant and bar. A true and correct copy of the lease is attached 1 hereto as Exhibit "1"and incorporated herein by reference. ] 4. Although the debtor is post -petition current can its nionetai3i obligations under its 19 lease with Zip, it is in violation of non -monetary lease obligations under the lease, Attached as Exhibit "2" and incorporated herein by reference is a summary ofthe various lease provision3 of �1 22 which Zip asserts the debtor is in breach. The lease, provisions of which Zip asserts the debtor i 23 in violation are hi -lighted in yellow in Exhibit "I-" They include these obligations: 24 "67. Lessee agrees and warrants that Lessee will ful ly comply with all city and governmental requirements and regulations related to 25 and/or affecting the Building and Property." 26 "6. } Lcssee's Complianc t! with Applicable Requirements. Except ? as otheRvise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely. manner, materially 28 comply with all Applicable Requirements _., shall immediately s01's««<ecula }1',J=,_LKS_p4 0633 1- B776 I]FCLARATIO1N OF NORMAN SOLUMON Page 9 Ex. E.1-008 W.1 6:20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 9 of 10 B777 2 4 7 8 t� 10 =1 12 13 14 15 16 17 1 19 20 21 27 upon receipt, not.if} Lessor in writing kv ;I, copies of any documents involved) of any threatened or actual claim, notice, citation. warning, complaint or report pertaining to or involving the failure: of Lessee or the Premises to comply with any Applicable equirernents..." I spoke to the tenant's manager, Amanda Lane -Moore, several times in Jule, 2022. She apologized for breaching this provision of the lease, saying she had not read the lease. 5. The breaches have been continuous. t learned of them by a phone call from a lawyer for the City on July 1, 2022. Collectively attached hereto as Exhibit 4 3" and incorporated herein by reference, are one hundred ten (110) pages of citations and tickets the City of Temecula has issued. They include multiple violations of City of Temecula rregialations regarding hours of operation, Boise levels, maintenance of "disorderly house," and the like. The City contends that as a result of these violations there have been multiple violationns of criminal lave, including a shooting that left one person dead and two other persons hospitalized and seriu Sly injured. Eacb of these violations carries monetary sanctions which are set forth on each. citation/ticket, As can be keen from Exhibit "3", these violations have been cited on average tuN7ce a week since March, 2021. Attached as Exhibit "4" and incorporated herein by reference, is a chart surnmad ing the many violations identified in Exhibit "3." In Jule, Nis, Lane -Moore told me that the debtor had paid approximately $45,000 of these violations but owed approximately $60,000 and had appealed none. 6. Ms. Lane -Moore informed me by phone in July, 2022 that the citations continue, two a week, because City of Temecula code enforcernent persormel appear at the restaurant twice each weekend and cite it;. I requested that she comply with the Conditional Use Permit. She said th c business could not operate successfully and would die after at most 30 days if it comp] ied because it made most of its money after the permitted hours and she believed the hours on the 28 A permit reflected typographical errors. %orktcmtculwl ��cc� N1S_� 063 - 2 - B777 DECUwAA,no N [)F a O AN 5l]LOMON Page 10 Ex. E.1-009 Ca 6:20-bk-17551-WJ Doc 136 Filed 08/16/22 Entered 08/16/22 16:38:39 Desc Main Document Page 10 of 10 B778 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 1 20 21 2 23 24 25 26 27 2 7. The City of'lemecula has now instituted proceedings, presumably under its police and regulatory powers, to revoke the Conditional Use Permit by which the building is used for a restaurant and bar. Attached hereto a,, Exhibit "5- and incorporated herein by reference is a true and correct copy Ora letter dated July 8, 2022 from City of Temecula City Attorney Jennifer Petrusis advising of the Cites decision to proceed with the revocation of the Conditional Use Permit, its rationale for same, and relevant exhibits. ' ht- hearing on the City's revocation of the Conditional Use Permit is set for august 30, 2022, S. I believe that if the Conditional Use Permit is revoked, the debtor will have to shut down its business. 1 am unaware of basis to operate without such permit. Additionally, Zip will suffer great monetary harm if it is unable to re -let the premises udder the Conditional Use Permit, The building is designed as a restaurant. . Zip seeks conversion of this case toChapter 7, as it seeks it) immediately stop the many and continual violations set forth aK)ve at paragraph 5. By forcing a cessation of the debtor's business operations by conversion to Chapter 7, Zip hopes to moot the City's attempted revocation of the Conditional Use Permit, i declare under penalty ofperaury under the laves of the United Mates of America that the foregoing; is true and correct and that this declaration was executed in the City of , California. On August 16, 202 Norman Solemon nitil cmotul�2�'4dcs]_1�15_p4 0635, B778 Page 11 Ex. E.1-010 Case 6:20-bk-17551-WJ Doc 137 Filed 08/16/22 Entered 08/16/22 16:41:56 Desc Main Document Page 1 of 2 B779 Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & FOR COURT USE ONLY Email Address Lazaro E. Fernandez, Esq. (#134430) Law Office of Lazaro E. Fernandez, Inc. 3600 Lime Street, Suite 326 Riverside, CA 92501 T: (951) 684-4474 F: (951) 684-4625 Email: lefl7@pacbell.net ❑ Individual appearing without attorney ❑X Attorney for: Zip Third Investments, LLC UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE DIVISION In re: CASE NO.: 6:20-bk-1 7551 -WJ CNC PUMA CORPORATION, CHAPTER: 11 a.k.a. THE BANK OF PLATES and POURS a.k.a. THE BANK OF MEXICAN FOOD APPLICATION FOR ORDER SETTING HEARING ON SHORTENED NOTICE [LBR 9075-1(b)] Debtor(s). 1. Movant applies under LBR 9075-1(b) for an order setting a hearing on shortened notice on the following motion: a. Title of motion: Motion to Convert Chapter 11 Case to Chapter 7 b. Date of filing of motion: 8/16/2022 2. Compliance with LBR 9075-1(b)(2)(A): (The following three sections must be completed): a. Briefly specify the relief requested in the motion: Movant seeks an order converting the case to Chapter 7, as debtor is operating restaurant business in violation of City of Temecula municipal code sections regarding hours of operations, noise levels, etc., and has paid more than $45,000.00 in post -petition citations and owes $60,000.00 in additional post -petition citations. City is now in process of revoking Conditional Use Permit. 0636 This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California. December 2012 Page 1 F 9075-1.1.APP.SHORr NOTICE Ex. E.2-001 Case 6:20-bk-17551-WJ Doc 137 Filed 08/16/22 Entered 08/16/22 16:41:56 Desc Main Document Page 2 of 2 B780 b. Identify the parties affected by the relief requested in the motion: Parties affected are the debtor and debtor in possesion as well as landlord Zip Investments, LLC and possibly Subchapter V Trustee Arturo Cisneros. c. State the reasons necessitating a hearing on shortened time: As set forth in the accompanying declaration of Norman Salomon in support of the Motion and this Application, the City of Temecula has scheduled a hearing on August 30, 2022 to revoke the Conditional Use Permit ("CUP") for the facilities occupied by the debtor. Revocation of the will result in the cessation of the debtor's business, essentially kill the debtor's Chapter 11 case and destroy the econmic value of the building for owner and landlord Zip Investments, LLC. Not only will conversion result in the cessation of continued violations but may result in the preservation of the CUP for the building. 3. Compliance with LBR 9075-1(b)(2)(13): The attached declaration(s) justifies setting a hearing on shortened notice, and establishes a prima facie basis for the granting of the motion. 4. Movant has lodged a proposed Order Setting Hearing on Shortened Notice on mandatory form F 9075-1.1.ORDER .SHORT.NOTICE Date: 8/16/2022 Law office of Lazaro E. Fernandez, Inc. Printed name of law firm 2�� ;��5�� Signature of in i dual Mo ant or attorn y for Mov n Lazaro E. Fernandez Printed name of individual Movant or attorney for Movant This form is optional. It has been approved for use in the 1 6 E i c te.es Bankruptcy Court for the Central District of California. B 780 December2012 Page 2 F 9075-1 A .APP.SHORT.NOTICE Page 13 Ex. E.2-002 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 1 of 13 MR Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Nos., State Bar No. & Email Address Lazaro E. Fernandez, Esq. (#134430) Law Office of Lazaro E. Fernandez, Inc. 3600 Lime Street, Suite 326 Riverside, CA 92501 T: (951) 684-4474 F: (951) 684-4625 Email: lef17@pacbell.net ❑ Individual appearing without attorney ® Attorney for. Zip Third Investments, LLC UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE DIVISION In re: CASE NO.: 6:20-bk-17551-WJ CNC PUMA CORPORATION, CHAPTER: 11 a.k.a. THE BANK PLATES & POURS, a.k.a. THE BANK OF MEXICAN FOOD NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 U.S.C. § 362(I) (with supporting declarations) (UNLAWFUL DETAINER) DATE: TIME: Debtor(s). COURTROOM:304 Movant: Zip Third INvestments, LLC 1. Hearing Location: ❑ 255 East Temple Street, Los Angeles, CA 90012 ❑ 21041 Burbank Boulevard, Woodland Hills, CA 91367 ® 3420 Twelfth Street, Riverside, CA 92501 ❑ 411 West Fourth Street, Santa Ana, CA 92701 ❑ 1415 State Street, Santa Barbara, CA 93101 2. Notice is given to the Debtor and trustee (if any)(Responding Parties), their attorneys (if any), and other interested parties that on the date and time and in the courtroom stated above, Movant will request that this court enter an order granting relief from the automatic stay as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion. 3. To file a response to the motion, you may obtain an approved court form at www.cacb.uscourts.gov/forms for use in preparing your response (optional LBR form F 4001-1.RFS.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. 0638 1- This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 1 F 4001-1.11RF§�&UOTION Ex. E.3-001 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 2 of 13 4. When serving a response to the motion, serve a copy of it upon the Movant's attorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above. 5. If you fail to timely file and serve a written response to the motion, or fail to appear at the hearing, the court may deem such failure as consent to granting of the motion. 6. ❑ This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1(d). If you wish to oppose this motion, you must file and serve a written response to this motion no later than 14 days before the hearing and appear at the hearing. 7. ❑ This motion is being heard on SHORTENED NOTICE pursuant to LBR 9075-1(b). If you wish to oppose this motion, you must file and serve a response no later than (date) and (time) and, you may appear at the hearing. a. ❑ An application for order setting hearing on shortened notice was not required (according to the calendaring procedures of the assigned judge). b. ® An application for order setting hearing on shortened notice was filed and was granted by the court and such motion and order have been or are being served upon the Debtor and upon the trustee (if any). c. ❑ An application for order setting hearing on shortened notice was filed and remains pending. After the court rules on that application, you will be served with another notice or an order that specifies the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion. Date: 08/16/2022 Law Office of Lazaro E. Fernandez, Inc. Printed name of law firm (if applicable) Lazaro E. Fernandez Printed name of individual Movant or attorney for Movant Signature of in i idual Mo t or attorn y for Mov t This form is mandatory. It has been approved for use in the I i ii sri ., :es Bankruptcy Court for the Central District of California. B 782 .rune 2014 Page 2 F 4001-1.RFS.UD.MOTION Page 15 Ex. E.3-002 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 3 of 13 B783 MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY (Unlawful Detainer) 1. Movant is the: a. ® Owner of the Property b. ❑ Authorized Agent of the owner of the Property c. ❑ Other (specify): 2. The Property at Issue (Property): Type of Property: ❑ Residential ® Nonresidential Street Address: 28645 Old Town Front Street Unit/Suite Number. City, State, Zip Code: Temecula, CA 92590-2703 3. Bankruptcy Case History: a. ® A voluntary ❑ An involuntary petition under chapter ❑ 7 ® 11 ❑ 12 ❑ 13 was filed on (date): 11/19/2020 b. ❑ An order to convert this case to chapter ❑ 7 ❑ 11 ❑ 12 ❑ 13 was entered on (date): c. ❑ A plan was confirmed on (date): 4. Pursuant to 11.U.S.C. § 362(b)(22) and (23) there is no stay because (check all that apply): a. ❑ Movant commenced an eviction, unlawful detainer action or similar proceeding against the Debtor involving residential property in which the Debtor resides and: (1) ❑ The Debtor has not filed and served on Movant the certification required under 11 U.S.C. § 362(I)(1). (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured. (4) ❑ Movant filed and served an objection to the Debtor's certification. A copy of the objection is attached as Exhibit . A hearing on this objection is set for (date) 5. Grounds for Relief from Stay: (check all that apply) a. ❑ Pursuant to 11 U.S.C. § 362(d)(1), cause exists because, as of the bankruptcy petition date, the Debtor had no right to continued occupancy of the premises, as follows: (1) ❑ Movant caused a notice to quit to be served on the Debtor. (2) ❑ An unlawful detainer proceeding was commenced on (date) (3) ❑ An unlawful detainer judgment was entered on (date) 0640 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 3 F 4001-1.RF§Mb IAOTION Ex. E.3-003 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 4 of 13 B784 (4) ❑ Movant acquired title to the Property by foreclosure sale before the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. (5) ❑ Movant acquired title to the Property by foreclosure sale after the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. b. ® Pursuant to 11 U.S.C. § 362(d)(1) the Debtor's right to possession should be terminated because (check all that apply): (1) ❑ The lease or other right of occupancy expired by its terms on (date) (2) ❑ The lease has matured, been rejected or deemed rejected by operation of law on (date) (3) ❑ Lease payments have not been made after the filing of the bankruptcy petition. (4) ❑ An unlawful detainer action was filed to obtain possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant filed and served upon the Debtor a certification that ❑ such an action was filed or ❑ that within the 30 days preceding the certification, the Debtor has endangered the subject Property or illegally allowed the use of controlled substances on the Property. A copy of Movant's certification is attached as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification. A copy of the Debtor's objection, if any, is attached as Exhibit A hearing on this objection is set for (date) (5) ❑ The bankruptcy case was filed in bad faith: (A) ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents. (B) ❑ Other bankruptcy cases have been filed in which an interest in the Property was asserted. (C) ❑ The Debtor filed only a few case commencement documents. No schedules or statement of financial affairs (or chapter 13 plan, if appropriate) has been filed. (D) ❑ There was a recent transfer of all or part ownership of, or other interest in the Property without the consent of the Movant or court approval. c. ❑ Pursuant to 11 U.S.C. § 362(d)(2)(A), the Debtor has no equity in the Property; and pursuant to 11 U.S.C. § 362(d)(2)(B), the Property is not necessary to an effective reorganization. 6. Grounds for Annulment of the Stay. Movant took postpetition actions against the Property or the Debtor: a. ❑ These actions were taken before Movant knew the bankruptcy petition was filed, and Movant would have been entitled to relief from stay to proceed with these actions. b. ❑ Movant knew the bankruptcy case had been filed, but Movant previously obtained relief from stay to proceed with these enforcement actions in prior bankruptcy cases affecting the Property as set forth in Exhibit c. ❑ Other: 0641 EWQ4 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 4 F 4001-1.RF9TI& IOTION Ex. E.3-004 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 5 of 13 B785 7. Evidence in Support of Motion: (Important Note: Declaration(s) in support of the Motion MUST be signed under penalty of perjury and attached to this motion.) a. The UNLAWFUL DETAINER DECLARATION on page 7. b. ® Supplemental declaration(s). c. ❑ Other (specify): Movant requests the following relief. 1. Relief from stay pursuant to: ❑x 11 U.S.C. § 362(d)(1) ❑ 11 U.S.C. § 362(d)(2) 2. ® Movant (and any successors or assigns) may proceed under applicable nonbankruptcy law to enforce its remedies to obtain possession of the Property. 3. ❑ Confirmation that there is no stay in effect. 4. ❑ The stay is annulled retroactive to the bankruptcy petition date. Any postpetition acts taken by Movant to enforce its remedies regarding the Property shall not constitute a violation of the stay. 5. ❑ The co -debtor stay of 11 U.S.C. § 1201(a) or § 1301(a) is terminated, modified or annulled as to the co -debtor, on the same terms and conditions as to the Debtor. 6. ® The 14-day stay prescribed by FRBP 4001(a)(3) is waived. 7. ❑ A designated law enforcement officer may evict the Debtor and any other occupant from the Property regardless of any future bankruptcy filing concerning the Property for a period of 180 days from the hearing of this motion: ❑ without further notice. ❑ upon recording of a copy of the order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law. 8. ❑ Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing. 9. ❑ The order is binding and effective in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion: ❑ without further notice. ❑ upon recording of a copy of this order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law. 10. ❑ The order is binding in any other bankruptcy case purporting to affect the Property filed not later than 2 years after the date of entry of such order, except that a debtor in a subsequent case may move for relief from the order based upon changed circumstances or for good cause shown, after notice and hearing. 11. ❑ The order is binding and effective in any bankruptcy case commenced by or against the Debtor for a period of 180 days, so that no further automatic stay shall arise in that case as to the Property. 0642 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 Page 5 F 4001-1.RF§Mb. IOTION Ex. E.3-005 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 6 of 13 B786 12. ❑ If relief from stay is not granted with respect to the Property because the Property is the subject of a lease that may be assumable; a. ❑ Establishment of a deadline for assumption or rejection of the lease. b. ❑ Adequate protection in the form of regular payments at the lease rate from petition date until assumption or rejection of the lease. 13. ® Other relief requested. Date: 08/16/2022 Law Office of Lazaro E. Fernandez, INc. Print name of law firm (if applicable) Lazaro E. Fernandez Print name of individual Movant or attorney for Movant (if applicable) 2� Signature of indi Oual Movant r attorney r Movant This form is mandatory. It has been approved for use in thanames Bankruptcy Court for the Central District of California. B 786 June 2014 Page 6 F 4001 A RFS.IJD.MOTION Page 19 Ex. E.3-006 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 7 of 13 UNLAWFUL DETAINER DECLARATION I, (name of declarant) Norman Solomon , declare as follows: 1. 1 have personal knowledge of the matters set forth in this declaration and, if called upon to testify, I could and would competently testify thereto. I am over 18 years of age. I have knowledge regarding Movant's interest in the Property because (specify): a. ❑ I am the Movant and owner of the Property. b. ❑ I manage the Property as the authorized agent for the Movant. c. ® 1 am employed by Movant as (title and capacity): Managing member of movant d. ❑ Other (specify): a. ® I am one of the custodians of the books, records and files of Movant as to those books, records and files that pertain to the rental of this Property. I have personally worked on books, records and files, and as to the following facts, I know them to be true of my own knowledge or I have gained knowledge of them from the business records of Movant on behalf of Movant, which were made at or about the time of the events recorded, and which are maintained in the ordinary course of Movant's business at or near the time of the acts, conditions or events to which they relate. Any such document was prepared in the ordinary course of business of Movant by a person who had personal knowledge of the event being recorded and had or has a business duty to record accurately such event. The business records are available for inspection and copies can be submitted to the court if required. b. ❑ Other (see attached): 3. The Property is: ❑ Residential ® Nonresidential Street Address: 28645 Old Town Front Street Unit/Suite Number: City, State, Zip Code: Temecula, CA 92590-2703 4. Movant is the ® legal owner of the Property, or ❑ the owner's legally authorized agent. A true and correct copy of the trustee's deed upon sale, lease, rental agreement, or other document evidencing Movant's interest in the Property is attached as Exhibit 1 . A true and correct copy of the applicable document establishing Movant's authority as agent for the owner is attached as Exhibit 5. The Debtor asserts a possessory interest in the Property based upon: (1) ® a month -to -month tenancy (2) ® a lease that is in default (3) ❑ after a foreclosure sale that was held on (date): (4) ❑ other (specify): 6. The Debtor failed to pay: a. ❑ The monthly rent of $ beginning on (date): 0644 pwQ7 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. .rune 2014 Page 7 F 4001-1.RF9TOV�IIOTION Ex. E.3-007 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 8 of 13 B788 b. ® Other obligations including: (1) ❑ Common area maintenance charges (2) ❑ Property taxes (3) ® Other obligations (specify): Failure to advise movant of dozens of violations of City of temecula rules and regulations regarding hours of operations, noise levels, etc. See accompanying declaration of Norman Solomon. 7. Procedural status a. ❑ The lease matured or was rejected on (date) (1) ❑ by operation of law. (2) ❑ by order of the court. b. ❑ Movant caused a notice to quit to be served upon the Debtor on (date) and a true and correct copy is attached as Exhibit c. ❑ Before the bankruptcy petition was filed: (1) ❑ Movant filed a complaint for unlawful detainer against the Debtor on (date) and correct copy is attached as Exhibit (2) ❑ Trial was held on (date) (3) ❑ Trial was continued to (date) , and a true (4) ❑ An unlawful detainer judgment against the Debtor was entered on the complaint for unlawful detainer on (date) , and a true and correct copy is attached as Exhibit (5) ❑ A writ of possession for the Property was issued on (date) and a true and correct copy is attached as Exhibit d. After the bankruptcy petition was filed: (1) ❑ The Debtor has not filed and served on the Movant the certification required under 11 U.S.C. § 362(I)(1) (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the bankruptcy petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on the Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured. (4) ❑ The Debtor filed and served on the Movant the certification required under 11 U.S.C. § 362(d)(1). (A) ❑ Movant filed and served an objection a copy of which is attached as Exhibit A hearing on this objection is set for (date) (B) ❑ Movant has not filed and served an objection. 0645 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. .rune 2014 Page 8 F 4001-1.RF§a8VM0TI0N Ex. E.3-008 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 9 of 13 B789 (5) ❑ An unlawful detainer action was filed to obtain possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant has filed a certification that ❑ such action was filed or ❑ that the Debtor has endangered the Property within 30 days preceding the certification or allowed the illegal use of controlled substances on the Property. A copy of Movant's certification is attached hereto as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification. A copy of the Debtor's objection, if filed, is attached as Exhibit — A hearing on this objection is set for: (6) ❑ Regular lease payments have not been made after the bankruptcy petition was filed. 8. ❑ The Debtor does not have an interest in the Property that could be assumed or assigned under 11 U.S.C. § 365. 9. ❑ The Property is not necessary to an effective reorganization because it is: a. ❑ Residential, and is not producing income for the Debtor. b. ❑ Commercial, but no reorganization is reasonably in prospect. c. ❑ No longer property of the estate. d. ❑ Other (specify): 10. ❑ The bankruptcy case was filed in bad faith: a. ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents. b. ❑ Other bankruptcy cases have been fled in which an interest in the Property was asserted. c. ❑ The Debtor filed only a few case commencement documents. Schedules and a statement of financial affairs (or chapter 13 plan, if appropriate) have not been filed. d. ❑ Other (specify): 11. ❑ The filing of the bankruptcy petition was part of a scheme to delay, hinder or defraud creditors that involved: a. ❑ The transfer of all or part ownership of, or other interest in, the Property without the consent of Movant or court approval. See attached continuation page of facts establishing the scheme. b. ❑ Multiple bankruptcy cases affecting the Property include: (1) Case name: Chapter: Case number: Date filed: Date discharged: Date dismissed: Relief from stay regarding the Property ❑ was ❑ was not granted. (2) Case name: Chapter: Case number: Date filed: Date discharged: Date dismissed: Relief from stay regarding the Property ❑ was ❑ was not granted. 0646 This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California - June 2014 Page F 4001-1.RF§ M0Tl0N Ex. E.3-009 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 10 of 13 B790 3) Case name: Chapter, CaS'e number, Date fled: � Date discharged-, Date dismissed: Relief from stay regarcNng the Property LI was E r:as not granted. See attached coniinuation page for infbrmation about otherbankruptoycases affecting the Property. See attached owitinuatinn page for additional facts estabUShing that the multiple bankruptcy cases were ,part of a seberne to delay, hinder. or defraud creditors, 12. ! ... Enforcement actions taken after the bankruptcy petition was fiWd are sWified in the attached supplemental declaration(s). a. L.J These �Irtians were tauten before Movant knew the bankruptcy petition was flied, and Movant would h21r+e N+ n'entitled tO ietief from Slay Id plri cf with theMd acticos, -- -- —__. b- ❑ Movant kirmw the bankruptcy rMe had been filed. but Movarit previously obtained r6of from stay to proceed with these enforcement actions in prier bankruptcy cases affecting the Property as set forth in Exhibit, C. Fix other facts justifying annulrnenl. see attached continuation page. I dec are under penalty of perjury under the lavas of the United states that the foregoing as true and correct_ 0$J16?2022 Norman Solomon Rafe Prinz ,W JVame signalure I tKs tamp is mandcl.Dry It t�s been, dWOr gd for usa in tl-m UrvMd Staie5 Bfinkruptcy CiDtm for the Dmtral Uismct orf;"abfam B790 Page 23 Ex. E.3-010 i Ca e 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 11 of 13 B791 I DECLARATION OF NORMA LOMON I, NOM MA.N SOLOMON, HEREBY DECLARE THAT: i L I am the manager of Zip Third lnvestmertts, LLC ("Zip"), the owner of the 4 real r-operty commonly known as 2 645 Old Town Front Street, Temecula, California 92590. 6 Zip is also the landlord of CNC Purna Corporation ("debtor", the debtor in the above -captioned 7 Chapter 1 l case. Zip is the movant in this matter. 2. The matters stated herein are haled upon my personal knowledge, except as to those 9 matters stated on information and belief, and as to suet matters, I am informed and believe that 10 they are trite and correct. Ifcalled as a witness, 1 could and would testify to the matters stated 11 herein. 12 13 Zip is the landlord, and debtor is the tenant at the. premises located at 2 645 Old 14 rowel Front Street, Temecula, California 92590, pursuant to a Standard/Commercial Single 15 Tenant Lease —Net ("lease") dated February 18, 201 K The lease tarn is seven 7) gears. The 16 debtor operates a Mexicau restaurant and bar. A true and correct copy of the lease is attached 1 hereto as Exhibit "1"and incorporated herein by reference. ] 4. Although the debtor is post -petition current can its nionetai3i obligations under its 19 lease with Zip, it is in violation of non -monetary lease obligations under the lease, Attached as Exhibit "2" and incorporated herein by reference is a summary ofthe various lease provision3 of �1 22 which Zip asserts the debtor is in breach. The lease, provisions of which Zip asserts the debtor i 23 in violation are hi -lighted in yellow in Exhibit "I-" They include these obligations: 24 "67. Lessee agrees and warrants that Lessee will ful ly comply with all city and governmental requirements and regulations related to 25 and/or affecting the Building and Property." 26 "6. } Lcssee's Complianc t! with Applicable Requirements. Except ? as otheRvise provided in this Lease, Lessee shall, at Lessee's sole expense, fully, diligently and in a timely. manner, materially 28 comply with all Applicable Requirements _., shall immediately s01's««<eculs21'AJ 1_LK5_p4 0648 1- B791 I]FCLARATIOMN OF NORMAN SOLCiMON Page 24 Ex. E.3-011 W.1 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 12 of 13 B792 2 4 7 8 t� 10 =1 12 13 14 15 16 17 1 19 20 21 27 upon receipt, not.if} Lessor in writing I, copies of any documents involved) of any threatened or actual claim, notice, citation. warning, complaint or report pertaining to or involving the failure: of Lessee or the Premises to comply with any Applicable equirernents..." I spoke to the tenant's manager, Amanda Lane -Moore, several times in Jule, 2022. She apologized for breaching this provision of the lease, saying she had not read the lease. 5. The breaches have been continuous. t learned of them by a phone call from a lawyer for the City on July 1, 2022. Collectively attached hereto as Exhibit 4 3", and incorporated herein by reference, are one hundred ten (110) pages of citations and tickets the City of Temecula has issued. They include multiple violations of City of Temecula rregialations regarding hours of operation, Boise levels, maintenance of "disorderly house," and the like. The City contends that as a result of these violations there have been multiple violationns of criminal lave, including a shooting that left one person dead and two other persons hospitalized and seriu Sly injured. Eacb of these violations carries monetary sanctions which are set forth on each. citation/ticket, As can be keen from Exhibit "3", these violations have been cited on average tuN7ce a week since March, 2021. Attached as Exhibit "4" and incorporated herein by reference, is a chart surnmad ing the many violations identified in Exhibit "3." In Jule, Nis, Lane -Moore told me that the debtor had paid approximately $45,000 of these violations but owed approximately $60,000 and had appealed none. 6. Ms. Lane -Moore informed me by phone in July, 2022 that the citations continue, two a week, because City of Temecula code enforcernent persormel appear at the restaurant twice each weekend and cite it;. I requested that she comply with the Conditional Use Permit. She said th c business could not operate successfully and would die after at most 30 days if it complied because it made most of its money after the permitted hours and she believed the hours on the 28 A permit reflected typographical errors. 0649 %orttfimtculwlldcc1 N1s_ B792 DECUwAA,no N [)F a O AN 5l]LOMON Page 25 Ex. E.3-012 Ca 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 13 of 13 B793 1 2 3 4 5 7 9 10 11 12 13 14 15 16 17 18 1 20 21 2 23 24 25 26 27 2 7. The City of'lemecula has now instituted proceedings, presumably under its police and regulatory powers, to revoke the Conditional Use Permit by which the building is used for a restaurant and bar. Attached hereto a,, Exhibit "5- and incorporated herein by reference is a true and correct copy Ora letter dated July 8, 2022 from City of Temecula City Attorney Jennifer Petrusis advising of the Cites decision to proceed with the revocation of the Conditional Use Permit, its rationale for same, and relevant exhibits. ' ht- hearing on the City's revocation of the Conditional Use Permit is set for august 30, 2022, S. I believe that if the Conditional Use Permit is revoked, the debtor will have to shut down its business. 1 am unaware of basis to operate without such permit. Additionally, Zip will suffer great monetary harm if it is unable to re -let the premises udder the Conditional Use Permit, The building is designed as a restaurant. . Zip seeks conversion of this case toChapter 7, as it seeks it) immediately stop the many and continual violations set forth aK)ve at paragraph 5. By forcing a cessation of the debtor's business operations by conversion to Chapter 7, Zip hopes to moot the City's attempted revocation of the Conditional Use Permit, i declare under penalty ofperaury under the laves of the United Mates of America that the foregoing; is true and correct and that this declaration was executed in the City of , California. On August 16, 202 Norman Solemon nitil cmotul�2�'4dcs]_1�15_p4 0650, B793 Page 26 Ex. E.3-013 Case 6:20-bk-17551-WJ Doc 139 Filed 08/16/22 Entered 08/16/22 16:51:21 Desc Main Document Page 1 of 2 B794 Attorney or Party Name, Address, Telephone & FAX Nos., State Bar No. & FOR COURT USE ONLY Email Address Lazaro E. Fernandez, Esq. (#134430) Law Office of Lazaro E. Fernandez, Inc. 3600 Lime Street, Suite 326 Riverside, CA 92501 T: (951) 684-4474 F: (951) 684-4625 Email: lefl7@pacbell.net ❑ Individual appearing without attorney ❑X Attorney for: Zip Third Investments, LLC UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE DIVISION In re: CASE NO.: 6:20-bk-1 7551 -WJ CNC PUMA CORPORATION, CHAPTER: 11 a.k.a. THE BANK OF PLATES and POURS a.k.a. THE BANK OF MEXICAN FOOD APPLICATION FOR ORDER SETTING HEARING ON SHORTENED NOTICE [LBR 9075-1(b)] Debtor(s). 1. Movant applies under LBR 9075-1(b) for an order setting a hearing on shortened notice on the following motion: a. Title of motion: Motion for Relief From the Automatic Stay b. Date of filing of motion: 8/16/2022 2. Compliance with LBR 9075-1(b)(2)(A): (The following three sections must be completed): a. Briefly specify the relief requested in the motion: Movant seeks an order allowing it to serve a 3 Day Notice on its tenant, the debtor in possession, which is operating restaurant business in violation of City of Temecula municipal code sections regarding hours of operations, noise levels, etc., and has paid more than $45,000.00 in post -petition citations and owes $60,000.00 in additional post -petition citations. City is now in process of revoking Conditional Use Permit ("CUP") and movant seeks to evict debtor to preserve its CUP. Such violations constitute defaults under the debtor's lease, and movant wishes to evict debtor forthwith. 0651 A This form is optional. It has been approved for use in the United States Bankruptcy Court for the Central District of California December 2012 Page 1 F 9075-1.1.APP.SHORr UOTICE Ex. E.4-001 Case 6:20-bk-17551-WJ Doc 139 Filed 08/16/22 Entered 08/16/22 16:51:21 Desc Main Document Page 2 of 2 B795 b. Identify the parties affected by the relief requested in the motion: Parties affected are the debtor and debtor in possesion as well as landlord Zip Investments, LLC and possibly Subchapter V Trustee Arturo Cisneros. c, State the reasons necessitating a hearing on shortened time: As set forth in the accompanying declaration of Norman Solomon in support of the Motion and this Application, the debtor has incurred thousands of dollars in violations from the City of Temecula for its continued operations in violations of municipal rules and regulations. These violations were direct violation of the debtor's lease with movant/landlord, and debtor failed to advise the landlord of these violations, which is also a violation of its lease with the landlord. The e Conditional Use Permit ("CUP") for the facilities occupied by the debtor. Revocation of the CUP will destroy the econmic value of the building for owner and landlord Zip Investments, LLC. Eviction of the debtor will result in the cessation of continued violations but may also result in the preservation of the CUP for the building. 3. Compliance with LBR 9075-1(b)(2)(13): The attached declaration(s) justifies setting a hearing on shortened notice, and establishes a prima facie basis for the granting of the motion. 4. Movant has lodged a proposed Order Setting Hearing on Shortened Notice on mandatory form F 9075-1.1.ORDER .SHORT.NOTICE Date: 8/16/2022 Law office of Lazaro E. Fernandez, Inc. Printed name of law firm Signature of nd idual Mblyant or attor ey for M a Lazaro E. Fernandez Printed name of individual Movant or attorney for Movant This form is optional. It has been approved for use in the s Bankruptcy Court for the Central District of California. B 795 December2012 Paget F 9075-1.1.APP.SHORT. NOTICE Page 28 Ex. E.4-002 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) Repeat-cacb, Sub chapter --Bus Assigned to: Wayne E. Johnson Chapter 11 Voluntary Asset U.S. Bankruptcy Court Central District of California (Riverside) Bankruptcy Petition #: 6:20-bk-17551-WJ Debtor CNC Puma Corporation 28645 Old Town Front St Temecula, CA 92590-2703 RIVERSIDE -CA Tax ID / EIN: 20-8434810 aka The Bank Plates & Pours aka The Bank of Mexican Food Trustee Arturo Cisneros (TR) 3403 Tenth Street, Suite 714 Riverside, CA 92501 (951) 328-3124 U.S. Trustee United States Trustee (RS) 3801 University Avenue, Suite 720 Riverside, CA 92501-3200 (951) 276-6990 Datefiled: 11/19/2020 341 meeting: 01/27/2021 Deadline for filing claims: 01/28/2021 Deadline for filing claims (govt.): 05/18/2021 Deadline for objecting to discharge: 02/19/2021 represented by J. Luke Hendrix Law Offices of J. Luke Hendrix 28465 Old Town Front Street, Suite 212 Temecula, CA 92590 951-221-3721 Email: juke@jlhlawoffices.com represented by Arturo Cisneros 2112 Business Center Dr 2nd Fl Irvine, CA 92612 949-252-9400 Email: arturo@mclaw.org represented by Abram Feuerstein, esq Office of US Trustee 3801 University Avenue St 720 Riverside, CA 92501 951-276-6975 Fax: 951-276-6973 Email: abram.s.feuerstein@usdoj,gov Everett L Green Office of the US Trustee 3801 University Avenue Ste 720 Riverside, CA 92501 951-276-6063 Fax: 951-276-6973 Email: everett.l.green@usdoj,gov Ali Matin Office of the United States Trustee 3801 University Avenue, Suite 720 Riverside, CA 92501 0653 951-276-6990 g796 Fax: 951-276-6973 Email: ali.matin@usdo�o https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-61M 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) Cameron C Ridley B797 Office of the United States Trustee 3801 University Ave Ste 720 Riverside, CA 92501 951-276-6354 Fax: 951-276-6973 Email: Cameron.Ridley@iLsdoj.gov Filing Date # Docket Text 1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount (86 pgs) $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020 (Jefferson, Angie). (Entered: 11/19/2020 11/19/2020) Receipt of Voluntary Petition (Chapter 11)(6:20-bk- 1755 1) [misc,volp11 (1717.00) Filing Fee. Receipt number 52071266. Fee amount 1717.00. (re: 11/19/2020 Doc# 1) (U.S. Treasury) (Entered: 11/19/2020) Judge Wayne E. Johnson added to case due to prior/related case 6:20- 12069-WJ. Involvement of Judge Mark D. Houle Terminated (Smith, 11/19/2020 Sharon) (Entered: 11/19/2020) 2 Emergency motion For Authorization to Use Cash Collateral Filed by 11/19/2020 (33 pgs) Debtor CNC Puma Corporation Inc (Hendrix, J.) (Entered: 11/19/2020) 3 Notice to Filer of Correction Made/No Action Required: Incorrect/incomplete debtor(s) name and/or alias entered. (DEBTOR'S NAME AND AKA). THE COURT HAS CORRECTED THIS INFORMATION. THIS ENTRY IS PROVIDED FOR FUTURE REFERENCE. (RE: related document(s)l Voluntary Petition (Chapter 11) filed by Debtor CNC Puma Corporation) (Jefferson, Angie) 11/19/2020 (Entered: 11/19/2020) 4 Notice to Filer of Correction Made/No Action Required: Incorrect/Incomplete debtor(s) address entered. THE COURT HAS CORRECTED THIS INFORMATION. THIS ENTRY IS PROVIDED FOR FUTURE REFERENCE. (RE: related document(s)1 Voluntary Petition (Chapter 11) filed by Debtor CNC Puma Corporation) 11/19/2020 (Jefferson, Angie) (Entered: 11 /19/2020) Set Case Commencement Deficiency Deadlines (def/deforco) (RE: related document(s)1 Voluntary Petition (Chapter 11) filed by Debtor CNC Puma Corporation) Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. (Jefferson, Angie) 11/19/2020 (Entered: 11/19/2020) 11/19/2020 5 Notice of Case Deficiency Under 11 U.S.C. Sec. 521(a)(1) and 0 pg) BankrQOMe 1007 (BNC) (RE: related document(s)1 Vol ��` ((�� Petition (Chapter 11) filed by Debtor CNC Puma Corporation ef-fUn, Angie) (Entered: 11/19/2020) Page 30 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-66'2 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 6 Notice to Filer of Error and/or Deficient Document Petition wJ%Zs 4ls complete, but schedules or statements are deficient. THE FILER IS INSTRUCTED TO FILE THE DEFICIENT DOCUMENTS. (RE: related document(s)1 Voluntary Petition (Chapter 11) filed by Debtor CNC 11/19/2020 Puma Corporation) (Jefferson, Angie) (Entered: 11/19/2020) 7 Request for courtesy Notice of Electronic Filing (NEF) Filed by Smith, 11/20/2020 (1 pg) Valerie. (Smith, Valerie) (Entered: 11/20/2020) 8 Proof of service Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 11/20/2020 (3 pgs) (Entered: 11/20/2020) 9 Notice of Appointment of Subchapter V Trustee Filed by U.S. Trustee 11/21/2020 (2 pgs) United States Trustee (RS). (Green, Everett) (Entered: 11/21/2020) 10 BNC Certificate of Notice (RE: related document(s)5 Notice of Case (2 pgs) Deficiency (11 U.S.C. Sec. 521 & Rule 1007) (Ch 11/12) (BNC)) No. of 11/22/2020 Notices: 1. Notice Date 11/22/2020. (Admin.) (Entered: 11/22/2020) 11 Scheduling order regarding cash collateral motion. See order for details (2 pgs) Re: (BNC-PDF) (Related Doc # 2 ) Signed on 11/23/2020 (Gooch, 11/23/2020 Yvonne) (Entered: 11/23/2020) 12 Hearing Set Regarding Cash Collateral Motion. The Hearing date is set for 11/30/2020 at 02:00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, Yvonne) (Entered: 11/23/2020 11/23/2020) 13 Notice of Hearing on Emergency Motion for Authorization to Use Cash (8 pgs) Collateral Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 11/23/2020 (Entered: 11/23/2020) 14 Application shortening time on Emergency Motion for Authorization to 0 0 pgs) Use Cash Collateral Filed by Debtor CNC Puma Corporation (Hendrix, 11/24/2020 J.) (Entered: 11/24/2020) 15 Errata Re: Declaration ofJ. Luke Hendrix in Support of Application for (6 pgs) Order Setting Hearing on Shortened Notice Filed by Debtor CNC Puma Corporation (RE: related document(s)14 Application shortening time on Emergency Motion for Authorization to Use Cash Collateral). (Hendrix, 11/24/2020 J.) (Entered: 11/24/2020) 16 Request for courtesy Notice of Electronic Filing (NEF) Filed by Cisneros, 11/24/2020 0 pg) Arturo. (Cisneros, Arturo) (Entered: 11/24/2020) 17 Statement Regarding Cash Collateral or Debtor In Possession Financing (6 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 11/24/2020 11/24/2020) 18 Request for courtesy Notice of Electronic Filing (NEF) Filed by Harvey, 11/25/2020 0 pg) Brian. (Harvey, Brian) (Entered: 11/25/2020) 11/25/2020 19 BNC 81695iS of Notice - PDF Document. (RE: related docu 1 (3 pgs) Order (Generic) (BNC-PDF)) No. of Notices: 1. Notice Date WWI. (Admin.) (Entered: 11/25/2020) page 31 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pl?155210737056254-L_1_0-1 EX. E.5-UUb 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 20 Objection (related document(s): 2 Emergency motion For Authli,KW to (7 pgs) Use Cash Collateral filed by Debtor CNC Puma Corporation) Filed by U.S. Trustee United States Trustee (RS) (Matin, Ali) (Entered: 11/27/2020 11/27/2020) 21 Declaration re: Emergency Motion For Authorization to Use Cash (5 pgs) Collateral Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 11/27/2020 (Entered: 11/27/2020) 22 Reply to (related document(s): 2 Emergency motion For Authorization to (26 pgs) Use Cash Collateral filed by Debtor CNC Puma Corporation, 20 Objection filed by U.S. Trustee United States Trustee (RS)) Filed by 11/30/2020 Debtor CNC Puma Corporation (Hendrix, J.) (Entered: 11/30/2020) 23 Meeting of Creditors 341(a) meeting to be held on 12/21/2020 at 01:30 (2 pgs) PM at UST-RS1, TELEPHONIC MEETING. CONFERENCE LINE: 1- 866-822-7121, PARTICIPANT CODE:6203551. Last day to oppose discharge or dischargeability is 2/19/2021. Proofs of Claims due by 1/28/2021. Government Proof of Claim due by 5/18/2021. (Eudy, Debra) 11/30/2020 (Entered: 11/30/2020) 24 Hearing Continued Motion for Cash Collaateral. [Related #2] The Hearing date is set for 12/2/2020 at 01:00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, 11/30/2020 Yvonne) (Entered: 11/30/2020) 25 Document Hearing Continued (RE: related document(s)2 Emergency (2 pgs) motion filed by Debtor CNC Puma Corporation) The Hearing date is set for 12/2/2020 at 0 1: 00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, Yvonne) (Entered: 11/30/2020 11/30/2020) 26 Supplemental in Support of Emergency Motion for Authorization to use (16 pgs) Cash Collateral Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 12/02/2020 (Entered: 12/02/2020) 27 Stipulation By CNC Puma Corporation and Lendistry Corporation; 0 0 pgs) Strategic Funding Source, Inc., dba Kapitus; United States Small Business Association Filed by Debtor CNC Puma Corporation (Hendrix, J.) 12/02/2020 (Entered: 12/02/2020) 28 Statement Regarding Cash Collateral or Debtor In Possession Financing (4 pgs) Filed by Debtor for Proposed Form of Order on Stipulation for Adequate Protection RE: Use of Cash Collateral Filed by Debtor CNC Puma 12/02/2020 Corporation. (Hendrix, J.) (Entered: 12/02/2020) 29 Order granting on an interim basis use of cash collateral. See order for (3 pgs) details Re: (BNC-PDF) (Related Doc # 2 ) Signed on 12/2/2020 (Gooch, 12/02/2020 Yvonne) (Entered: 12/02/2020) 30 BNC Certificate of Notice (RE: related document(s)23 Meeting of (5 pgs) Creditors Chapter 11 (Corporations or Partnerships under Subchapter V) (309172) No. of Notices: 23. Notice Date 12/02/2020. (Admin.) (Entered: 12/02/2020 12/02 6 B799 12/02/2020 33 Document Hearing Continued to 1/12/21 at 2:30 p.m. (RE: eA https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-d& 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) (2 pgs) document(s)2 Emergency motion filed by Debtor CNC Puma Corporation) (Gooch, Yvonne) (Entered: 12/03/2020) B800 31 Statement of Financial Affairs for Non -Individual Filing for Bankruptcy (15 pgs) (Official Form 107 or 207) Filed by Debtor CNC Puma Corporation (RE: related document(s) Set Case Commencement Deficiency Deadlines 12/03/2020 (def/deforco)). (Hendrix, J.) (Entered: 12/03/2020) 32 Hearing Continued Cash Collateral Motion The Hearing date is set for 1/12/2021 at 02:30 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, Yvonne) (Entered: 12/03/2020 12/03/2020) 34 Notice of Telephonic Meeting of Creditors Filed by U.S. Trustee United (4 pgs) States Trustee (RS) (RE: related document(s)23 Meeting of Creditors 341(a) meeting to be held on 12/21/2020 at 01:30 PM at UST-RS1, TELEPHONIC MEETING. CONFERENCE LINE: 1-866-822-712 1, PARTICIPANT CODE:6203551. Last day to oppose discharge or dischargeability is 2/19/2021. Proofs of Claims due by 1/28/2021. Government Proof of Claim due by 5/18/2021.). (Matin, Ali) (Entered: 12/03/2020 12/03/2020) 35 Notice of Hearing Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 12/03/2020 00 pgs) (Entered: 12/03/2020) 36 BNC Certificate of Notice - PDF Document. (RE: related document(s)29 (5 pgs) Order (Generic) (BNC-PDF)) No. of Notices: 1. Notice Date 12/04/2020. 12/04/2020 (Admin.) (Entered: 12/04/2020) 37 Application to Employ Law Offices of J. Luke Hendrix as Bankruptcy (23 pgs) Counsel Filed by Debtor CNC Puma Corporation (Hendrix, J.) (Entered: 12/15/2020 12/15/2020) 38 Supplemental Declaration of J. Luke Hendrix filed in Support of (4 pgs) Application to Employ Bankruptcy Counsel Filed by Debtor CNC Puma 12/21/2020 Corporation. (Hendrix, J.) (Entered: 12/21/2020) 39 Continuance of Meeting of Creditors (Rule 2003(e)) Filed by U.S. Trustee United States Trustee (RS). 341(a) Meeting Continued to 1/27/2021 at 01:30 PM at UST-RS1, TELEPHONIC MEETING. CONFERENCE LINE:1-866-822-7121, PARTICIPANT CODE:6203551. (united states 12/30/2020 trustee (am)) (Entered: 12/30/2020) 40 Declaration re: Confirming No Timely Response to or Request for Hearing (31 pgs) on Application to Employ Bankruptcy Counsel Filed by Debtor CNC Puma Corporation (RE: related document(s)37 Application to Employ Law Offices of J. Luke Hendrix as Bankruptcy Counsel). (Hendrix, J.) 01 /05/2021 (Entered: 01 /05/2021) 41 Order Granting Application to Employ J. Luke Hendrix (BNC-PDF) (3 pgs) (Related Doc # 37) Signed on 1/6/2021. (Gooch, Yvonne) (Entered: O1/06/2021 01/06/2021) 42 (5 BNC NO of Notice - PDF Document. (RE: related document(s)41 Order to Employ (BNC-PDF)) No. Notices: pgs) cation of O1/08/2021 Date 01/08/2021. (Admin.) (Entered: 01/08/2021) https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-6ft 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) O1/12/2021 44 Document/Hearing Held - Granted (RE: related document(s)2 l�rCrIcy (2 pgs) motion filed by Debtor CNC Puma Corporation) (Carrillo, Tan (Entered: 01 / 14/2021) 43 Order approving on a final basis use of cash collateral. See order for (2 pgs) details Re: (BNC-PDF) (Related Doc # 2 ) Signed on 1/13/2021 (Gooch, O1/13/2021 Yvonne) (Entered: 01/13/2021) 45 BNC Certificate of Notice - PDF Document. (RE: related document(s)43 (4 pgs) Order (Generic) (BNC-PDF)) No. of Notices: 1. Notice Date 0l/15/2021. O1/15/2021 (Admin.) (Entered: 01/15/2021) 46 Small Business Monthly Operating Report for Filing Period November 19, (45 pgs) 2020 through December 31, 2020 Filed by Debtor CNC Puma O1/20/2021 Corporation. (Hendrix, J.) (Entered: 01/20/2021) 47 Notice of Change of Address Filed by Debtor CNC Puma Corporation. 02/17/2021 (9 pgs) (Hendrix, J.) (Entered: 02/17/2021) 48 Amending Schedules (E/F) , List of Creditors (Master Mailing List of (16 pgs) Creditors) Supplemental, Verification of Master Mailing List of Creditors (LBR Form F1007-1) Filed by Debtor CNC Puma Corporation. (Hendrix, 02/17/2021 J.) (Entered: 02/17/2021) Receipt of Amending Schedules D and/or E/F (Official Form 106D, 106E/F, 206D, or 206E/F) (Fee)(6:20-bk- 175 5 1 -WJ) [misc,amdsch] 32.00) Filing Fee. Receipt number 52481287. Fee amount 32.00. (re: 02/17/2021 Doc# 48) (U.S. Treasury) (Entered: 02/17/2021) 49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (53 pgs) (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). 02/17/2021 (Hendrix, J.) (Entered: 02/17/2021) 50 Small Business Monthly Operating Report for Filing Period January 1, (32 pgs) 2021 through January 31, 2021 Filed by Debtor CNC Puma Corporation. 02/25/2021 (Hendrix, J.) (Entered: 02/25/2021) 51 Motion Notice of Motion and Motion for Order Fixing Dates in 00 pgs) Subchapter V Case; Memorandum of Points and Authorities; Declaration of J. Luke Hendrix in Support Thereof Filed by Debtor CNC Puma 03/16/2021 Corporation (Hendrix, J.) (Entered: 03/16/2021) 52 Hearing Set (RE: related document(s)51 Generic Motion filed by Debtor CNC Puma Corporation) The Hearing date is set for 4/6/2021 at 0 1: 00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is 03/16/2021 Wayne E. Johnson (Gooch, Yvonne) (Entered: 03/16/2021) 53 Small h16vg4&Monthly Operating Report for Filing Period February (27 pgs) 2021 Fn(m"ebtor CNC Puma Corporation. (Hendrix, J.) (E :1 03/23/2021 03/23/2021) https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pl?155210737056254-L_1_0-1 EX. E.5-dit 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 04/06/2021 54 Order setting chapter 11 status conference. See order for detailS8 2 (4 pgs) (BNC-PDF) (Related Doc # 1) Signed on 4/6/2021 (Gooch, Yvonne4 Additional attachment(s) added on 4/6/2021 (Gooch, Yvonne). (Entered: 04/06/2021) 55 Hearing Set Status Conference hearing to be held on 4/27/2021 at 11:00 AM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge 04/06/2021 is Wayne E. Johnson (Gooch, Yvonne) (Entered: 04/06/2021) Hearing (Bk Motion) Continued (RE: related document(s) 51 GENERIC MOTION filed by CNC Puma Corporation) Hearing to be held on 04/27/2021 at 11:00 AM 3420 Twelfth Street Courtroom 304 Riverside, 04/06/2021 CA 92501 for 51 , (Gooch, Yvonne) (Entered: 04/06/2021) 56 Document Hearing Held - Vacated (RE: related document(s)51 Generic 0 pg) Motion filed by Debtor CNC Puma Corporation) (Gooch, Yvonne) 04/06/2021 (Entered: 04/07/2021) 57 Status Report for Chapter 11 Status Conference Filed by Debtor CNC 04/09/2021 (14 pgs) Puma Corporation. (Hendrix, J.) (Entered: 04/09/2021) 58 Small Business Monthly Operating Report for Filing Period March 2021 (28 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 04/19/2021 04/19/2021) 59 Objection to Confirmation of Plan - Rejection Filed by Creditor B.S.D. (4 pgs) CAPITAL, INC., a Delaware corporation doing business as LENDISTRY. 04/27/2021 (Grutter, Jason) (Entered: 04/27/2021) 60 Document Hearing Continued (RE: related document(s)1 Voluntary (2 pgs) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) Status Conference hearing to be held on 7/20/2021 at 01:00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. 04/27/2021 Johnson (Gooch, Yvonne) (Entered: 04/28/2021) 61 Document Hearing Continued (RE: related document(s)51 Generic (2 pgs) Motion filed by Debtor CNC Puma Corporation) The Hearing date is set for 7/20/2021 at 0 1: 00 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, Yvonne) (Entered: 04/27/2021 04/28/2021) Hearing (Bk Motion) Continued (RE: related document(s) 51 GENERIC MOTION filed by CNC Puma Corporation) And Status Conference Hearing to be held on 07/20/2021 at 01:00 PM 3420 Twelfth Street Courtroom 304 Riverside, CA 92501 for 51, (Gooch, Yvonne) (Entered: 04/28/2021 04/28/2021) 62 Request for CD of Court Proceedings Held on April 27, 2021. $32.00 FEE 0 pg) REQUIRED EXEMPTED Filed by U.S. Trustee United States Trustee 05/12/2021 (RS). (united states trustee (am)) (Entered: 05/12/2021) 63 Small Business Monthly Operating Report for Filing Period April 2021 (23 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 05/24/2021 05/24"59 06/07/2021 64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC uma aqe https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-6 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) (51 pgs) Corporation (RE: related document(s)49 Chapter 11 Small BusinessPlan Filed by Debtor CNC Puma Corporation (RE: related documenR O Chapter I 1 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.) (Entered: 06/07/2021) 65 Brief Re: Matters Raised at Initial Status Conference; Declaration of Ryan (28 pgs) Parent in Support Thereof Filed by Debtor CNC Puma Corporation (RE: related document(s)60 Document, Hearing (Bk Other) Continued). 06/07/2021 (Hendrix, J.) (Entered: 06/07/2021) 66 Small Business Monthly Operating Report for Filing Period May 2021 (21 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 06/25/2021 06/25/2021) 67 Small Business Monthly Operating Report for Filing Period April 2021, (22 pgs) Amended, Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 06/25/2021 (Entered: 06/25/2021) 68 Small Business Monthly Operating Report for Filing Period March 2021, (28 pgs) Amended, Filed by Debtor CNC Puma Corporation. (Hendrix, J.) 06/25/2021 (Entered: 06/25/2021) 69 Amending Schedules (E/F) , Schedule H, Statement of Financial Affairs, (32 pgs) Master Mailing List Filed by Debtor CNC Puma Corporation. (Hendrix, J.) WARNING: See docket entry no. 70 for corrective action. Modified on 07/02/2021 7/2/2021 (Zamora, Ed). (Entered: 07/02/2021) Receipt of Amending Schedules D and/or EX (Official Form 106D, 106E/F, 206D, or 206E/F) (Fee)( 6:20-bk-17551-WJ) [misc,amdsch] 32.00) Filing Fee. Receipt number A53123350. Fee amount 32.00. (re: 07/02/2021 Doc# 69) (U.S. Treasury) (Entered: 07/02/2021) 70 Notice to Filer of Correction Made/No Action Required: Other - Amended Schedules was filed using only one event code. EACH EVENT CODE MUST BE SELECTED WHEN FILING MULTIPLE DOCUMENTS. THIS ENTRY IS PROVIDED FOR FUTURE REFERENCE. (RE: related document(s)69 Amending Schedules D and/or E/F (Official Form 106D, 106E/F, 206D, or 206E/F) (Fee) filed by 07/02/2021 Debtor CNC Puma Corporation) (Zamora, Ed) (Entered: 07/02/2021) 71 Motion to Reject Lease or Executory Contract, Memorandum of Points (9 pgs) and Authorities in Support Thereof,- Declaration of J. Luke Hendrix in Support Thereof, Filed by Debtor CNC Puma Corporation (Hendrix, J.) 07/02/2021 (Entered: 07/02/2021) 72 Hearing Set (RE: related document(s)71 Motion to Reject Lease or Executory Contract filed by Debtor CNC Puma Corporation) The Hearing date is set for 7/27/2021 at 01:00 PM at Crtrm 304, 3420 Twelfth St., River 2501. The case judge is Wayne E. Johnson (Gooch, 07/06/2021 Yvon a wed: 07/06/2021) B 803 Paqe 36 https://ecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-dbb 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 07/08/2021 73 Statement in Advance of Status Conference Filed by U.S. Trustee United (5 pgs) States Trustee (RS). (Matin, Ali) (Entered: 07/08/2021) B804 74 Scheduling order. See order for details (BNC-PDF) (Related Doc # 51 ) 07/19/2021 (2 pgs) Signed on 7/19/2021 (Gooch, Yvonne) (Entered: 07/19/2021) Hearing (Bk Motion And Status Conference) Continued (RE: related document(s) 51 GENERIC MOTION filed by CNC Puma Corporation) Hearing to be held on 08/03/2021 at 02:00 PM 3420 Twelfth Street Courtroom 304 Riverside, CA 92501 for 51, (Gooch, Yvonne) (Entered: 07/19/2021 07/19/2021) 75 Document/Hearing Held - Vacated (RE: related document(s)51 Generic 0 pg) Motion filed by Debtor CNC Puma Corporation) (Carrillo, Tanisha) 07/20/2021 (Entered: 07/20/2021) 76 Document/Hearing Held - Vacated (RE: related document(s)1 Voluntary (1 pg) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) (Carrillo, 07/20/2021 Tanisha) (Entered: 07/20/2021) 77 BNC Certificate of Notice - PDF Document. (RE: related document(s)74 (4 pgs) Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 07/21/2021 07/21/2021. (Admin.) (Entered: 07/21/2021) 78 Small Business Monthly Operating Report for Filing Period June 2021 09 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 07/23/2021 07/23/2021) 79 Amended Chapter 11 Small Business Plan Redlined Version Filed by (53 pgs; 2 docs) Debtor CNC Puma Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). 07/27/2021 (Attachments: # 1 Exhibit)(Hendrix, J.) (Entered: 07/27/2021) 81 Document/Hearing Held - Granted (RE: related document(s)71 Motion to (2 pgs) Reject Lease or Executory Contract filed by Debtor CNC Puma 07/27/2021 Corporation) (Carrillo, Tanisha) (Entered: 07/29/2021) 80 Request for courtesy Notice of Electronic Filing (NEF) Filed by Schlecter, 07/28/2021 (1 pg) Daren. (Schlecter, Daren) (Entered: 07/28/2021) 82 Scheduling order. See order for details (BNC-PDF) (Related Doc # 51 ) 08/02/2021 (4 pgs) Signed on 8/2/2021 (Gooch, Yvonne) (Entered: 08/02/2021) 83 Hearing Continued Motion for order fixing dates and Status Conference. The H gd,,��te is set for 10/15/2021 at 11:00 AM at Crtrm 304, 3420 Twels0taUerside, CA 92501. The is Wayne E. 1plat case judge 08/02/2021 (Gooch, Yvonne) (Entered: 08/02/2021) rage 37 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-ddb 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 08/03/2021 84 Order Granting Motion To Reject Auto Lease. See order for de C- (2 pgs) PDF) (Related Doc # 71 ) Signed on 8/3/2021 (Gooch, Yvonne d: 08/03/2021) 85 Document/Hearing Held - Vacated (RE: related document(s)1 Voluntary (1 pg) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) (Carrillo, 08/03/2021 Tanisha) (Entered: 08/04/2021) 86 Document Hearing Held - Vacated (RE: related document(s)51 Generic 0 pg) Motion filed by Debtor CNC Puma Corporation) (Gooch, Yvonne) 08/03/2021 (Entered: 08/04/2021) 87 BNC Certificate of Notice - PDF Document. (RE: related document(s)82 (6 pgs) Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 08/04/2021 08/04/2021. (Admin.) (Entered: 08/04/2021) 88 BNC Certificate of Notice - PDF Document. (RE: related document(s)84 (4 pgs) Order on Motion to Reject Lease or Executory Contract (BNC-PDF)) No. 08/05/2021 of Notices: 1. Notice Date 08/05/2021. (Admin.) (Entered: 08/05/2021) 89 Stipulation By United States Trustee (RS) and Debtor and Subchapter V (4 pgs) Trustee to Expand the Scope of the Subchapter V Trustee's Duties Filed by U.S. Trustee United States Trustee (RS) (Matin, Ali) (Entered: 08/10/2021 08/10/2021) 90 Order expanding the scope of the subchapter V trustee's duties. See ordder (2 pgs) for details Re: (BNC-PDF) (Related Doc # 89 ) Signed on 8/10/2021 08/10/2021 (Gooch, Yvonne) (Entered: 08/10/2021) 91 BNC Certificate of Notice - PDF Document. (RE: related document(s)90 (4 pgs) Order (Generic) (BNC-PDF)) No. of Notices: 1. Notice Date 08/12/2021. 08/12/2021 (Admin.) (Entered: 08/12/2021) 92 Small Business Monthly Operating Report for Filing Period July 2021 (18 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 08/25/2021 08/25/2021) 93 Small Business Monthly Operating Report for Filing Period August 2021 (22 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 09/28/2021 09/28/2021) 94 Status Report for Chapter 11 Status Conference Filed by Debtor CNC 09/28/2021 (6 pgs) Puma Corporation. (Hendrix, J.) (Entered: 09/28/2021) 09/28/2021 95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma (74 pgs) Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due bb 9M0. See Notice of Case Deficiency Docket Entry No. 5. See docket en no 3, 4, and 6 for corrective actions. Modified on B805 Paqe 38 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-U/sb 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.) (Entered: 09/28/2021) B 8 0 6 96 Amended Chapter 11 Small Business Plan Redlined Version Filed by (72 pgs; 2 does) Debtor CNC Puma Corporation (RE: related document(s)95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)I Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Attachments: # 1 Exhibit) 09/28/2021 (Hendrix, J.) (Entered: 09/28/2021) 97 Statement Subchapter V Trustee's Report Regarding the Scope, Value, and 01 pgs) Merits of Potential Avoidance Actions and Related Matters Filed by Trustee Arturo Cisneros (TR). (Cisneros JR), Arturo) (Entered: 10/05/2021 10/05/2021) 98 Scheduling order. See order for details (BNC-PDF) (Related Doc # 51 ) 10/08/2021 (3 pgs) Signed on 10/8/2021 (Gooch, Yvonne) (Entered: 10/08/2021) 99 Hearing Continued Status Conference and Motion for order fixing dates in subchapter V case hearing to be held on 12/14/2021 at 11:00 AM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. 10/08/2021 Johnson (Gooch, Yvonne) (Entered: 10/08/2021) 100 BNC Certificate of Notice - PDF Document. (RE: related document(s)98 (5 pgs) Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 10/10/2021 10/10/2021. (Admin.) (Entered: 10/10/2021) 101 Small Business Monthly Operating Report for Filing Period September (20 pgs) 2021 Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 11/21/2021 11/21/2021) 102 Small Business Monthly Operating Report for Filing Period October 2021 09 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 11/21/2021 11/21/2021) 103 Status Report for Chapter 11 Status Conference Filed by Debtor CNC 11/30/2021 (4 pgs) Puma Corporation. (Hendrix, J.) (Entered: 11/30/2021) 104 Scheduling order. See order for (BNC-PDF) (Related Doc # 51 ) Signed 12/07/2021 (3 pgs) on 12/7/2021 (Gooch, Yvonne) (Entered: 12/07/2021) 105 Hearing Continued Status Conference and Motion By Debtor To Establish dates. The Hearing date is set for 2/22/2022 at 11:00 AM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. 12/07/2021 Johnson (Gooch, Yvonne) (Entered: 12/07/2021) 12/09/2021 106 BNC Certificate of Notice - PDF Document. (RE: related document s) 04 (5 pgs) Order on Generic Motion (BNC-PDF)) No. of Notices: 1. % Pate https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-6/4 i 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 12/09/2021. (Admin.) (Entered: 12/09/2021) BE 9- 107 Document/Hearing Held - Vacated (RE: related document(s)51 Generic (1 pg) Motion filed by Debtor CNC Puma Corporation) (Carrillo, Tanisha) 12/ 14/2021 (Entered: 12/ 15/2021) 108 Document/Hearing Held - Vacated (RE: related document(s)1 Voluntary 0 pg) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) (Carrillo, 12/14/2021 Tanisha) (Entered: 12/15/2021) 109 Small Business Monthly Operating Report for Filing Period November 09 pgs) 2021 Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 02/04/2022 02/04/2022) 110 Status Report for Chapter 11 Status Conference Filed by Debtor CNC 02/08/2022 (7 pgs) Puma Corporation. (Hendrix, J.) (Entered: 02/08/2022) 111 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma (67 pgs) Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s) I Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.), 64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.), 95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.) 02/08/2022 (Entered: 02/08/2022) 02/08/2022 112 Amended Chapter 11 Small Business Plan Redlined Version Filed by (25 pgs) Debtor CNC Puma Corporation (RE: related document(s)111 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by DebtoT�P,�ma Corporation (RE: related document(s)1 Chapter 11 Subch 6 oluntary Petition Non -Individual. Fee Amount 1318017led by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNINCp jqg* https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5412 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice ofB808 Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.), 64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.), 95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.) (Entered: 02/08/2022) 113 Small Business Monthly Operating Report for Filing Period December (18 pgs) 2021 Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 02/08/2022 02/08/2022) 114 Scheduling order. See order for details (BNC-PDF) (Related Doc # 51 ) 02/22/2022 (2 pgs) Signed on 2/22/2022 (Gooch, Yvonne) (Entered: 02/22/2022) 115 Hearing Continued Motion To Establish Dates and Stats Conference. The Hearing date is set for 5/17/2022 at 11:00 AM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson (Gooch, 02/22/2022 Yvonne) (Entered: 02/22/2022) 116 Document Hearing Continued to 5/19/22 at 11:00 a.m. (RE: related (2 pgs) document(s)51 Generic Motion filed by Debtor CNC Puma Corporation) 02/22/2022 (Gooch, Yvonne) (Entered: 02/23/2022) 117 Document Hearing Continued (RE: related document(s)1 Voluntary (2 pgs) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) Show Cause hearing to be held on 5/17/2022 at 11:00 AM at Crtrm 304, 3420 Twelfth St., Riverside, CA 92501. The case judge is Wayne E. Johnson 02/22/2022 (Gooch, Yvonne) (Entered: 02/23/2022) 118 BNC Certificate of Notice - PDF Document. (RE: related document(s)114 (4 pgs) Order on Generic Motion (BNC-PDF)) No. of Notices: 1. Notice Date 02/24/2022 02/24/2022. (Admin.) (Entered: 02/24/2022) 03/22/2022 119 Notice of Motion and Motion in Individual Ch 11 Case for Order (15 pgs) Emplgi(;6Sessional (LBR 2014-1): Daniel S. Venne, Certified Public Accountant as Certified Public Accountant Filed by Debtor CNB8D8 Corporation (Hendrix, J.) (Entered: 03/22/2022) Page 41 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-6b 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 120 Small Business Monthly Operating Report for Filing Period Ja 2 (18 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 03/23/2022 03/23/2022) 121 Declaration That No Party Requested a Hearing on Motion (LBR 9013- (19 pgs) 1(o)(3)) Filed by Debtor CNC Puma Corporation (RE: related document(s)119 Notice of Motion and Motion in Individual Ch 11 Case for Order Employing Professional (LBR 2014-1): Daniel S. Venne, Certified Public Accountant as Certified Public Accountant ). (Hendrix, J.) 04/11/2022 (Entered: 04/11/2022) 122 Order Granting Motion in Individual Ch 11 Case for Order Employing (3 pgs) Professional (LBR 2014-1) (BNC-PDF) Daniel S Venne (Related Doc # 04/11/2022 119) Signed on 4/11/2022. (Gooch, Yvonne) (Entered: 04/11/2022) 123 BNC Certificate of Notice - PDF Document. (RE: related document(s)122 (5 pgs) Order on Motion For Order Employing Professional (Ch I I)-(LBR 2014- 1) (BNC-PDF)) No. of Notices: 1. Notice Date 04/13/2022. (Admin.) 04/13/2022 (Entered: 04/13/2022) 124 Small Business Monthly Operating Report for Filing Period February 08 pgs) 2022 Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 04/22/2022 04/22/2022) 125 Small Business Monthly Operating Report for Filing Period March 2022 0 8 pgs) Filed by Debtor CNC Puma Corporation. (Hendrix, J.) (Entered: 05/03/2022 05/03/2022) 126 Status Report for Chapter 11 Status Conference Filed by Debtor CNC 05/03/2022 (4 pgs) Puma Corporation. (Hendrix, J.) (Entered: 05/03/2022) 05/03/2022 127 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma (79 pgs) Corporation (RE: related document(s)111 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.), 64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.), 95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)64 Amen er 11 Small Business Plan Filed by Debtor CNC Puma Corpoi'�t'�: related document(s)49 Chapter 11 Small BusEJ8019n Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Page 42 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-ifi 4 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan SAM 10 Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.) (Entered: 05/03/2022) 128 Amended Chapter 11 Small Business Plan Redline Version Filed by (24 pgs) Debtor CNC Puma Corporation (RE: related document(s)127 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)111 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.), 64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non - Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.), 95 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)64 Amended Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)49 Chapter 11 Small Business Plan Filed by Debtor CNC Puma Corporation (RE: related document(s)1 Chapter 11 Subchapter V Voluntary Petition Non -Individual. Fee Amount $1717 Filed by CNC Puma Corporation Inc Chapter 11 Plan Small Business Subchapter V Due by 02/17/2021. (Hendrix, J.) WARNING: Case deficient for Statement of Financial Affairs (Form 107 or 207) due 12/3/2020. Incomplete Filings due by 12/3/2020. See Notice of Case Deficiency Docket Entry No. 5. See docket entry no 3, 4, and 6 for corrective actions. Modified on 11/19/2020.). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.)). (Hendrix, J.) (Entered: 05/03/2022 05/03/2022) 129 Scheduling order. See order for details (BNC-PDF) (Related Doc # 51 ) 05/13/2022 (2 pgs) Signed on 5/13/2022 (YG) (Entered: 05/13/2022) 130 Hearing Rescheduled/Continued Motion For Order Fixing Dates In Subchater V Case And Status Conference. The Hearing date is set for 9/20/2022 at 02:30 PM at Crtrm 304, 3420 Twelfth St., Riverside, CA 05/13/2022 92501. The case judge is Wayne E. Johnson (YG) (Entered: 05/13/2022) 131 BNC Certificate of Notice - PDF Document. (RE: related document(s)129 (4 pgs) Order�c Motion (BNC-PDF)) No. of Notices: 1. Notice Date 05/15/2022 05115/ZOZZ: (Admin.) (Entered: 05/15/2022) B81 0 Paqe 43 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt.pi?155210737056254-L_1_0-1 EX. E.5-dit 7/25/22, 10:42 AM CM/ECF - U.S. Bankruptcy Court (NG 1.6.3 - LIVE) 05/17/2022 132 Document Hearing Held - Vacated (RE: related document(s)51 Generic 0 pg) Motion filed by Debtor CNC Puma Corporation) (YG) (Entere(B 8 11 05/18/2022) 133 Document Hearing Held - Vacated (RE: related document(s)1 Voluntary 0 pg) Petition (Chapter 11) filed by Debtor CNC Puma Corporation) (YG) 05/17/2022 (Entered: 05/18/2022) II PACER Service Center II Transaction Receipt 07/25/2022 10:27:01 PACER [edwards53465 Codelient temecula Login:6:20-bk-17551-WJ Fil or Ent: filed From: 1/l/2020 To: Search 7/25/2022 Doc From: 0 Doc To: Description: Docket Report Criteria: 99999999 Term: included Format: html Page counts for documents: included Billable Pages: [I3 Cost: 1.30 https:Hecf.cacb.uscourts.gov/cgi-bin/DktRpt. pi? 155210737056254-L_1 _0-1 Page 44 Ex. E.5-�/'�� 1..0 Respondent - Exhibit HHH — CNC Bankruptcy Dismissal Order 0670 Page 45 6:20-bk-17551-WJ Doc 158 Filed 08/23/22 Entered 08/23/22 14:31:21 D�s� 039 Main Document Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re: CNC PUMA COF FILED & ENTERED AUG 23 2022 CLERK U.S. BANKRUPTCY COURT Central District of California BY gooch DEPUTY CLERK UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION 0671 Case No.: 6:20-bk- 175 5 1 -WJ CHAPTER 11 DISMISSAL ORDER Hearing: Date: August 23, 2022 Time: 12:00 p.m. Place: United States Bankruptcy Court Courtroom 304 3420 Twelfth Street Riverside, CA 92501 ME B1039 Page 46 Ex. H.15-001 6:20-bk-17551-WJ Doc 158 Filed 08/23/22 Entered 08/23/22 14:31:21 D�,s 040 Main Document Page 2 of 2 CCSS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 23, 2022 at 12:00 p.m., the Court held a hearing regarding the motions of Zip Third Investments, LLC (1) to convert this case to chapter 7 and (2) for relief from the automatic stay. All appearances were noted on the record. Good cause appearing, the Court hereby ORDERS: 1. For the reasons stated on the record, this bankruptcy case is hereby dismissed without prejudice and without any bar to re -filing. Based on the comments of counsel for the debtor at the hearing, the debtor supports dismissal but did not request it. As such the 180 day bar to re -filing under 11 U.S.C. § 109(g)(2) does not apply. If the debtor needs to file another case, there is no bar to the debtor doing so. 2. The motion for relief from stay is moot. IT IS SO ORDERED. ### Date: August 23, 2022 Wayne fohnson United States Bankruptcy Judge 0672 -2- Page 47 Ex. H.15-002 Case 6:20-bk-17551-WJ Doc 159 Filed 08/23/22 Entered 08/23/22 14:32:05 Desc Notice of Dismissal (Generic) Page 1 of 1 B 1041 United States Bankruptcy Court Central District of California 3420 Twelfth Street, Riverside, CA 92501-3819 NOTICE OF DISMISSAL DEBTOR INFORMATION: BANKRUPTCY NO. 6:20-bk-17551-WJ CNC Puma Corporation aka The Bank Plates & Pours, aka The Bank of Mexican Food CHAPTER 11 Last four digits of Social -Security or Individual Taxpayer -Identification (ITIN) No(s)., (if any): N/A Employer Tax -Identification (EIN) No(s).(if any): 20-8434810 Debtor Dismissal Date: 8/23/22 Address: 28645 Old Town Front St Temecula, CA 92590-2703 You are notified that an order was entered DISMISSING the above -captioned case and vacating the discharge if previously entered. The Court retains jurisdiction on all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under Bankruptcy Code §§ 105, 109(g), 110, 329, 349, and 362, and to any additional extent provided by law. Dated: August 23, 2022 Form ntedsm—ndms Rev. 06/2017 0673 For The Court, Kathleen J. Campbell Clerk of Court 159 / YG B1041 Page 48 Ex. H.15-003 ffs 0674 Zip Third Investment, LLC — Closing Argument 0675 Page 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH L. MARTYN, Bar No. 100856 martynlaw2000 @ aol .com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Facsimile: (909) 937-2034 RICK EDWARDS (State Bar No. 53465) RICK EDWARDS, INC. 5021 Verdugo Way, Ste. 105 - 408 Camarillo, CA 93012 Telephone: 310-277-6464 Facsimile: 310-286-9501 E-mail: re@rickedwardsinc.com Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA In the Matter of: OAH No. 2022051021 THE BANK, ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT 00088872.1 0676 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 67 N 0 "� W n a�Q J � Z af maoLL o � � J xFa WU OZ� U 0 W U.) Z U-)O N 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211 22 23 24 25 26 27 28 INTRODUCTION As the Administrative Law Judge ("Hearing Officer" or "ALF) stated at the beginning of this hearing: "[I]t seems to be the question legally will come down to can the City hold this permit holder responsible for violations of the CUP by their tenant? (Transcript, 15:1-3. Transcript cites are to day one unless stated otherwise.) The answer is "no:" The reasons for that answer are explained in detail hereinafter, Per Temecula Municipal Code ("City Code") section 17.03.085, the City "may revoke a permit, or impose or modify any conditions imposed on the permit." Here, even should the ALJ revoke or modify as to The Bank, it should not revoke or modify as to Zip Third. There is no clear or convincing evidence upon which Zip Third should be punished for The Bank's violations. And clear and convincing evidence is required: "The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based." (City Code 17.03.085 A.4.) Moreover, as to Zip Third, the City failed even its own due process requirements, which are designed, per the City, to provide ample notice and opportunity for collaborative resolution. Luke Watson, the Deputy City Manager and Planning Director, testified to some of those requirements. (Transcript, 84:15-19.) The City has employed him since 2006 (Transcript 55:25.) He carefully explained that the City's step one, before even a single citation is issued, is to speak to (not write to) property and business owners to "make sure that we are all understanding": "We first talk with the owners, talk with the business owners, and try to educate them and make sure that we are all understanding what the rules are and what the conditions are and work collaboratively to begin with." (Emphasis added; all emphasis in this brief is added unless stated otherwise.) (Transcript 84:15-19.) That is a wise and fair procedure. Property owners and business owners often make substantial investments and accrue valuable property rights. Discussion to "make sure we are all understanding" reflects the pro -business policy Mr. Watson espoused, and encourages investment 00088872.1 0677 2 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 68 1 2 3 4 5 6 7 8 9 10 11 12 It" wr- aim 13 J U) Q J Q Z moo 14 � � J xFa wC� 15 J Q 07� " .LU F 16 in Z 00 co 17 18 19 20 21 22 23 24 25 26 27 28 in Temecula. Yet, although Mr. Watson calls the block Zip Third owns "premier" (Transcript, 1 78:21-22), he acknowledged that there was absolutely no such attempt to collaborate with I Zip Third: "You testified that the code enforcement situation is the City tries to be business friendly and that the City does not want to use a heavy hand as to owners, but instead to work collaboratively. I think I quoted that pretty accurately. Based on that, did you ever attempt to contact Mr. Solomon or anyone at Zip Third by phoneJor exam le? A No" (Transcript 135:7-14.) "My question is you indicated that code enforcement reaches out to owners to act collaboratively. Did you reach out to this owner to act collaboratively, meaning a phone call or something that isn't an enforcement letter? That is my definition for purposes of this question? A No, we didn't." (Transcript 135:17-23.) Zip Third should have received at the least the standard process given to its restaurant tenant. But not only did it not receive such process before citations were issued, it received no such process thereafter. The City Code is exacting regarding service. Unless personal service and certified mail service both fail, service by regular mail is deficient. City Code Section 1.21.050 B, discussed hereinafter. Even accepting the City's testimony, service by regular mail is all the service Zip Third received. Tom Cole, the City's code enforcement officer, explained that The Bank was sent notices by certified and regular mail, both to its agent for service of process and to the tenant's manager, Ms. Lane (aka Moore); Mr. Solomon was sent notices by regular mail only: 00088872.1 "Q So the first set of administrative citations, did you serve those personally or did you mail those? A I mailed those certified and regular mail. Q And you mailed them to The Bank? A I mailed them to the agent for service for The Bank. 0678 3 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 69 1 2 3 4 5 6 7 8 9 10 11 0 12 w� a�a 13 J Z moo 14 _ Q wcnv 15 J Q Ong " .< 16 ,n Z LnO co 17 In 19 20 21 22 23 24 25 26 27 28 Q Okay. And then on the civil penalties, you mailed those to the addressees for The Bank, but you also mailed regular mail to Mr. Solomon who is CCed as Mr. Sullivan; is that correct? A That is correct. I did not initially mail this (sic) civil penalties to Mr. Solomon. We discussed internally about, does the owner know? Let's let it (sic) owner know. So I sent that letter that we discussed on August 20th." (Transcript 177:12-25.) MS. MARTYN: So to go back, you mailed these regular mail in general; isn't that correct? (Transcript, Day 1,180:13-14.) A That is correct. I mailed them regular mail to Mr. Solomon and Ms. Moore. And to the agent or (sic) service [The Bank's agent] and I mailed them certified and regular mail." (Transcript,180:15-17.) The City claims that since August 20 it has sent notices by regular mail to Zip Third at its Wilshire Boulevard, Los Angeles address. However, that is far from clearly and convincingly proven. If on August 20, 2021 the City corrected its records and began sending notices to the Wilshire address one would expect that, of all things, it would not have used The Bank's address on Front Street to serve Zip Third with a critical document: its May 19. 2022 permit revocation letter. Exhibit 13 (Bate Stamp A200.) But that is what it did. As Mr. Watson testified: Q And regarding Zip Third Investments, which address was your May 2022 letter originally sent to? A 28645 Old Town Front Street. (Transcript 82:5-7.) The failure to provide due process to Zip Third is fatal. The Court took pains, at the hearing's start, to establish that both the landlord and the tenant were permit holders: ADMINISTRATIVE LAW JUDGE NYE-PERKINS: "Am I hearing from you that there are two permit holders here, both the property owner and the restaurant operator? MS. PETRUSIS: Yes." (Transcript,12:6-8.) The Court concluded this colloquy with: "Okay. I have the parties' positions on that very critical issue. I believe from my personal review of this that the permit holder is both the property owner and The Bank." (Emphasis added.) (Transcript,12:9.) 00088872.1 0679 4 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 70 1 2 3 4 5 6 7 8 9 10 11 �C, 12 a�Q 13 J Z moo 14 J Wco L) 15 J Q 0 =) "w F 16 LOz LOo co 17 18 19 20 21 22 23 24 25 26 27 28 Thus, the City stated, and the Court concurred, that there are two respondents in this matter, and that both the tenant and the landlord are permit holders. Accordingly, at a minimum the tenant and the landlord were due the same process. Yet the landlord received no attempt to discuss the citations before they began. And, thereafter, the landlord received no violation notices by certified mail. Why was Zip Third consistently given less notice than its tenant when Zip Third's vested property interest is at stake? The answer to that will not be clear and convincing. The City's painstaking, duplicative service to The Bank was not charitable. City Code Section 1.21.050 B, requires the following for effective service: "[T]he enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail." The Code's provisions notwithstanding, there is no evidence of any attempt to effect any service of any citation by other than regular mail. Zip Third finally received the revocation letter, though not by personal service or certified mail, in mid -July, barely 45 days before the revocation hearing. But the hearing was premised on administrative citations the City Code in effect says were not served, and regarding which Zip Third had received only 16 out of more than 100. The bottom line is that the City, though admitting Zip Third has vested rights in the CUP, and though having multiple requirements and procedures designed to protect such rights, provided no such protection to Zip Third. Why? There is not one particle of evidence that Zip Third caused a single violation. Yet the City seeks to revoke the CUP as to Zip Third by means of violating the City's own law and procedures: no consultation before citations, improper service of citations, no reasonable opportunity to control its tenant. 00088872.1 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 71 2 3 4 5 6 7 8 9 10 11 N 12 W I- a�a 13 J co J Z moo 14 :5 W J _ � Q LUQ" 15 Ono "Wa 16 U)Z LOO co N 17 18 19 20 21 22 23 24 25 26 27 28 ZIP THIRD HAS DONE NOTHING TO SUPPORT PERMIT REVOCATION. Zip Third is a responsible Temecula property owner. The City offered no evidence I suggesting any deficiency in Zip Third's ownership of its other buildings or in the conduct of any of its other tenants. Zip Third in the recent past (summer, 2020) had worked successfully with the City regarding Old Town's environment. It contributed all it could to mitigation of undesirable activities in its vicinity by prompt installation of an expensive camera, monitoring (including I loudspeaker) and dispatch system. However, as the City must know, Zip Third's control of the tenant rests in unlawful detainer. After Zip Third received the revocation letter in July, the tenant, long in bankruptcy, rejected repeated requests from Zip Third to conform its hours to the conditional use permit (CUP) pending the results of this hearing. Following those rejections, Zip Third's prompt motions in the bankruptcy court resulted I in the bankruptcy case's dismissal. That dismissal provides a path to eviction for The Bank's failure to notify Zip Third of the violation notices. Per Mr. Solomon's testimony Zip Third began receiving such notices from the City in March, 2022. It received a total of only 16 notices before July 1, 2022 when Ms. Petrusis, apparently recognizing the deficient service of the key May 19, 2022 revocation letter, did what the City's standard procedure means it should have done more than 16 months earlier, before the first citation to The Bank. She called Mr. Solomon. That call was after 5:00 p.m. on Friday of the July 4 weekend. One might think that a call made at that time was unlikely to be returned promptly. However, Mr. Solomon's office informed him of the call and he returned it within 10 minutes. Despite deficient service (service by regular mail), Zip Third did not ignore the notices of I I violation it first received in March, 2022. Its property manager, Metro Resources, promptly spoke to Ms. Lane. Given that The Bank had been continuously operating as it operates currently for 9 years without City protest, Ms. Lane's statement to the property manager that the issue was being resolved was not clearly and convincingly suspect. Certainly the property manager erred by not informing Mr. Solomon. But that error is highly unlikely to have occurred had the City, as Mr. Watson says is standard procedure, "made sure" that both the property owner and the business owner were spoken to, told the rules, and offered collaboration. And it is highly unlikely to have occurred 00088872.1 0681 6 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 72 I 2 3 4 5 6 7 8 9 10 11 N O 12 V Z� W f- a5°' 13 J Q J Q Z moo 14 � � J WU� 15 J Q 070 "Wa 16 ,r, Z V)0 co N 17 18 19 20 21 22 23 24 25 26 27 28 had Mr. Solomon been sent notices by certified mail. Any property manager with a pulse would recognize that a series of certified letters from the City had to be brought to Mr. Solomon's attention. In any event, the record contains no clear and convincing evidence meriting capital punishment of Zip Third's interest in the CUP. 1 A. The Alj's Discretion Should Not Change The CUP As To Zip Third The City depicts The Bank as incorrigible. Even then, as Mr. Watson told us, requesting revocation "was not a light decision by the City." (Transcript, 94:20-21.) No such depiction was presented as to Zip Third. No such depiction was possible. The Bank owns and solely controls the restaurant and bar operations. Zip Third owns the entire block. Yet, unlike The Bank, Zip Third was offered no collaboration, even though it had collaborated recently with the Police Department, a collaboration foreshadowed by Mr. Solomon meeting with Mr. Watson for 30 minutes when he began acquiring Temecula properties. (Transcript, Day 2, 205:13- 17.) Mr. Watson calls Zip Third's location "the premier commercial intersection in the entire city." (Transcript, 78:21-22.) Zip Third's ownership record is unblemished, as is Mr. Solomon's. His entities have owned 9 buildings in Temecula. (Transcript, Day 2, 185:6-7.) Except as offered by the City regarding The Bank, there is no evidence of non-compliance with any City rule or request -- not at any time, not at any of his buildings, not by any of his tenants. No evidence, and no exercise of common sense, suggests that Zip Third caused a single violation by The Bank. Rather, The Bank was a long term tenant, with no violation history, when Zip Third bought the property in 2016. As Mr. Fisk testified, the City treated Mr. Puma respectfully, as a member of "our Board". (Transcript, Day 2, 243:1-2.) Zip Third had no reason to suspect that protection of its valuable, vested right in the CUP required anything akin to the extraordinary efforts this self -described pro -business City has undertaken to attack that right. That attack is vicarious, through The Bank, as if Zip Third and The Bank were alter egos, which is absurd. The attack included code enforcement visits twice a weekend for 16 months and private detectives. But, as to Zip Third, dues process was ignored. Why did the City not simply follow its own procedures and (a) speak with the property owner or at least (b) provide the property 00088872.1 0682 7 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 73 N WCn I� F Cn aC/5Q J � Z mQoLL o � � J 2 Q U J Q 07d 00of W V)Z � o N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 owner with proper notice? Given the pro -business policy Mr. Watson expressed, one would expect I that instead of wondering "does the owner know" of alleged violations (Mr. Cole testimony,177:22- 125) the City might pick up the phone, as Ms. Petrusis felt appropriate on July 1, 2022. Her call, of I course, was not motivated by collaboration. That was not her job. Her job was to give notice of I revocation proceedings, though not as the Code provides. The evidence suggests that the City's goal was revocation, not collaborative solution. But revocation requires due process. And due process is absent. THE CLEAR AND CONVINCING EVIDENCE STANDARD, AND THE CITY'S FAILURE TO MEET IT REGARDING ZIP THIRD. Telling the Court nothing it does not know, "clear and convincing" is a high evidentiary standard. As our Supreme Court reminded us in Conservatorship of O.B. (2020), 9 Cal.5th 989 ("OB") the standard requires evidence "so clear as to leave no substantial doubt; sufficiently strong to command the unhesitating assent of every reasonable mind." (Internal quotes omitted.) (Id. at 999, footnote 2.) "Highly probable" is sometimes a synonym. (Id., at 998.) The clear and convincing evidence requirement is reserved for protection of the most valued civil rights. As OB explains: "Today, the clear and convincing standard applies to various determinations "where particularly important individual interests or rights are at stake, such as the termination of parental rights, involuntary commitment, and deportation [citations omitted] ... whether a conservator can withdraw life -sustaining care from a conservatee [citation omitted]... whether a publisher acted with the intent ("actual malice") that must be shown for a plaintiff to prevail in certain kinds of defamation cases [citation omitted] ." (Internal quotes omitted.) (Id., at p. 999.) Indeed, as OB recognizes, only in rare instances are even free speech and due process protected by the clear and convincing requirement. But, as Mr. Watson testified, the City considers itself pro -business. So one would assume the City intentionally elevated a CUP to the highest protection civil law provides. Regarding Zip Third, the City failed to provide that protection. Thus — as to Zip Third — the CUP cannot and should not be revoked. There is no evidence that Zip Third caused violations. 00088872.1 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 74 N 0 -,t ;z �E/,a J � Z Of mQoLL o � � J xFa W Cf) U J Q o3� U0ix W Lr)z ;o N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I Moreover, a review of contradictory City Code provisions, the City's efforts at notice, the CUP's language, the evidence presented, and the case law confirm that the City has failed to use its own I procedures and has failed to show that Zip Third is responsible for The Bank's conduct. ZIP THIRD IS A PERMIT HOLDER BUT NOT A RESPONSIBLE PARTY The City and Zip Third agree that the CUP at issue here runs with the land and thus the property owner, Zip Third, is a permit holder. However, that does not mean that the Bank also is a I permit holder. Because the City Code contains no definition of "permit holder," state law is instructive here: "A CUP cannot be personal to an individual; instead, the CUP is a property right that runs with the land. As we have stated, the granting of a CUP with subsequent reliance by the permittee creates a fundamental vested right.... However, a CUP is not a personal right of the permittee. Instead, it is a property right that runs with the land, not with the owner." (Malibu Mountains Recreation v. County of Los Angeles (1998) 67 Cal.App.4^ 359.) The order denying Zip's continuance motion said that "clarification of which person or entity is the current CUP holder is essential to this matter." "Essential" is not a casual adjective. At the beginning of the hearing the Court said, as the City's brief notes, that The Bank had an interest in the CUP and Zip had an interest in the CUP. The Court is correct: The Bank does have some sort of interest in the CUP. At a minimum The Bank's "interest" in the property is as a leaseholder, not the owner of the land. A. Zip Third Is The Property Owner But By City Code Definition Is Not A "Responsible Person". No witness testified that the property owner had any role in The Bank's operations or caused a single violation. Instead, the City tries to make the property owner a "responsible person" by alleging that the property owner had "notice" of the violations but took no action to stop them. The City's arguments fail for three reasons discussed below: inadequate notice, the applicable provisions of state law, and the inconsistency of the City Code itself. First, the definition of "responsible person" in Section 1.21.020 of the City's code must be contrasted with the reference to "permit holder" in Section 17.03.085 (City's Exhibit 1) regarding 00088872.1 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 75 N O V � (LrnQ J Q Z Q 0 m0LLO � � J xFQ LII(1)V J Q 0 o3� wF- Lr)Z Oo N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 revocation. "Permit holder" is not otherwise defined in the code. The "responsible person" definition applies only to administrative citations under Title 1. As explained below, once Mr. Watson initiated revocation under Section 17.03.085, a different process began. For purposes of administrative citations, The Bank is a "responsible person" as defined in Section 1.21.020 (C), "Definitions", a portion of Title 1 of the City Code governing both I administrative citations and notices of violation/civil penalties. "C. `Responsible person' means anyperson whom an enforcement official determines is responsible for causing or maintainin a violation of the code. The term `responsible person' includes, but is not limited to, a property owner, tenant, person with a legal interest in real property, or person in possession of real property." By issuing more than 100 administrative citations and notices of violations to The Bank, the City determined that The Bank is responsible for causing or maintaining violations of the City Code. The Bank is the sole "responsible person" here. There is certainly no clear and convincing evidence otherwise. The ALJ pointed to a provision of the CUP that requires property owner consent. That provision is in the application for the Minor Modification (City's Exhibit 8, p. A41.) It states: "Owner Certification:... I am the property owner ... I am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result in restrictions, limitations and construction obligations being imposed on this real property. Owner/ Authorized Agent Signature:" This provision creates no owner responsibility. Rather, it notifies the owner that by agreeing that the tenant may apply for the CUP the scope of the owner's property interest could be I I changed. The provisions do not say, however, that the owner agrees to be responsible for the II tenant's conduct. II B. Owner State Law Does Not Support The City's Attempt To Attach Liability To The Property Stone v. Center Trust Retail Properties, Inc. (2008) 163 Cal. App. 4- 608, states the California standard for landlord responsibility. Center Trust owned a mall, with a restaurant 00088872.1 0685 10 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 76 2 3 4 5 6 7 8 9 10 11 12 `r" wn a5a 13 Jcn— J O Z moo 14 n W —. 2 H Q wrnv 15 J Q Ong 00 of Wa 16 ,o Z U)O N 17 18 19 20 21 22 23 24 25 26 27 28 tenant. Center Trust evicted the tenant and obtained an order of possession. Shortly thereafter, and while the restaurant remained in operation (and continued to operate an after-hours dance club), a patron tripped while dancing. She sued for damages. The Court stated the general rule that all landowners, including landlords, must use reasonable care to protect people who come onto their property. (Civ.Code, § 1714.) For landlords, reasonable care ordinarily involves making sure the property is safe at the beginning of the tenancy, and repairing any hazards the landlord learns I about thereafter: "Because a landlord has relinquished possessory interest in the land, his or her duty of care to third parties injured on the land is attenuated as compared with the tenant who enjoys possession and control. Thus, before liability may be thrust on a landlord for a third party's injury due to a dangerous condition on the land, the plaintiff must show that the landlord had actual knowledge of the dangerous condition in auestion. Dlus the right and ability to cure the condition." (Emphasis added). (Stone, supra, at 559.) See also Chee v. Amanda Goldt Property Manager (2006) 143 Cal. App. 4- 1360; 1369-73. (In general, a lessor is not responsible for the negligence of its tenants when the landlord has relinquished control of the premises under a lease and the tenant has acquired possession and control. The landlord must have actual knowledge of a dangerous condition or have participated in a wrongful act in order to be responsible). Nothing in the evidence presented at the hearing suggests Zip Third has liability for The Bank's conduct. Section 6.1 of the lease between Zip Third and The Bank provides for tenant I responsibility for CUP violations: "Lessee shall not use or permit the use of the premises in violation of the restrictions of record." Section 6.3, violated here, provides that "Lessee shall immediately, upon receipt, notify Lessor in writing, with copies of documents, of an threatened or actual citation...." (A true and correct copy of the lease is attached as Exhibit 2 to the Declaration of Elizabeth Martyn in Support of the Request for Continuance, dated August 26, 2022 and filed with OAH and served on the other parties). 00088872.1 0686 11 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 77 1 2 3 4 5 6 7 8 9 10 11 N 0 12 �Z� W n aD 13 J � J Q Z moo 14 5 J Wc~nv 15I J Q ODD " .F 16 LO z LnO N 17 18 19 20 21 22 23 24 25 26 27 28 The Tenant has admitted she was not aware of this provision and that she failed to provide such notification to the Lessor. (Transcript, Day 2, 179:2-3.) (See Glenn R. Sewell Sheet Metal Inc. v. Loverde (1969) 70 Cal. 2d 666, 672-76). Nothing in the CUP provides for landlord responsibility for the tenant's violation of the CUP. Instead, Section 2 of the PA 12-0041 (the CUP) provides that the applicant will comply with the statement of operation and the terms of the CUP. (City's Exhibit 9). Contrast that language with Section 1 of the CUP, which states that the applicant and property owner must indemnify the City "from any and all claims. concerning the Planning Application." However, nowhere does the CUP provide for any property owner responsibility for tenant violations. In short, nothing in the state law, the City Code, or the facts suggests that Zip Third's vested rights in the CUP could or should be revoked because of The Bank's alleged violations. C. The City Claims No Public Nuisance. The City does not assert the provisions of the City Code which provide for "owner responsibility." Title 8 of the City Code addresses "public nuisances": "8.12.150 Owner responsibility: The owner of any premises within the city has the primary responsibility for keeping the premises free of public nuisances. Tenants and occupants of the premises, for the purposes of this chapter, shall be deemed to be the agents of the owner. (Ord. 90-24 § 2 (6.14.014)" The City made no such claim here. Instead, it proceeded with 14 months of administrative citations to the tenant under Title 1, Chapters 1.21 and 1.24. Moreover, in its recent amendment to Title 9 to require an "entertainment permit," (discussed below) the City explicitly provided that the "responsible party" for performance under that permit is the person physically on the premises of the business providing the entertainment. (See City Code Section 9.10.020.) The bottom line is that the City neither pled, nor proved by clear and convincing evidence, that Zip Third is responsible for The Bank's operations. Thus, Zip Third's interest in the CUP should not be revoked. 00088872.1 0687 12 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 78 N O 'IT 11 W I- H � aUQ J 0 Z Tw mQoo = F Q U �Q o=� 000: w� L, z Loo 00 N 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 231 241 25 26 27 28 UNLAWFUL DETAINER WILL ACCOMPLISH WHAT REVOCATION CANNOT. The City's control over the property comes from the terms of the CUP. The landlord's control over the tenant comes from the lease. The offsite landlord otherwise does not control the operations of its independent tenant. In this case, the tenant is in violation of the lease, at the least, for failure to report to the landlord the citations served on it by the City. Ms. Lane admitted she did not know of and thus failed that requirement. (Transcript, Day 2, 179:2-3.) The tenant's violations — unreported to the landlord — cannot be imputed to the landlord to support revocation of the CUP, which runs with the land. That lease violation, like the City's deviations from its own notice procedures, deprived the landlord of the ability to urge the tenant either to comply with the City's demands and/or, if the tenant felt there were basis, to appeal the citations. In fact, as attorney Fernandez testified, in July and August 2022, Zip Third took not just prompt but expedited steps to have the bankruptcy court remove the automatic stay (by dismissing the bankruptcy case) so that an unlawful detainer action could be filed. Unlawful detainer is a remedy better designed to stop violations than revocation. Mr. Watson in effect so acknowledged, admitting utter uncertainty whether revocation would effect any change in The Bank's operations: "I have no idea what will happen after the revocation. They haven't listened to the City or police department yet, so I don't know if they will even if it is revoked" (Transcript, 134:4-7.) In contrast, eviction does guarantee the violations will stop: the tenant will not be present to commit them. THE CITY FAILED TO PROVIDE THE TYPE AND LEVEL OF NOTICE NECESSARY TO REVOKE ZIP THIRD'S VESTED PROPERTY INTEREST IN THE CUP A. Zip Third Has A Vested Property Interest In The Cup Goat Hill Tavern v. City of Costa Mesa (1992) 6 Cal. App. 4- 1519 provides the best explanation of the nature of Zip Third's vested property interest in the CUP. In that case, after operating as a legal non -conforming use, a Costa Mesa bar had obtained a short-term CUP. When the City received complaints from surrounding property owners, the City refused to extend or renew the CUP. As is the case here, the City made no nuisance finding. The Court viewed the 00088872.1 0688 13 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 79 1 2 3 4 5 6 7 8 9 10 11 N 0 12 'TZ; W r arc 13 J V % _ � Z moo 14 5 (IfJ W�L) 15 -1Q ono "WQ 16 M Z LoO co 17 18 19 20 21 22 23 24 25 26 27 28 refusal to extend the CUP as more similar to a revocation rather than to an application denial. It concluded that the right to continue operation of the business (through the CUP) was a fundamental vested right. Given that, the Court stated: "Once a use permit has been properly issued the power of a municipality to revoke it is limited. [Citation.] ... Where a permit has been properly obtained and in reliance thereon the permittee has incurred material expense, he acquires a vested property right to the protection of which he is entitled. [Citations.] When a permittee has acquired such a vested right it may be revoked if the permittee fails to comply with reasonable terms or conditions expressed in the permit granted [citations] or if there is a compelling public necessity. [Citations.] [1] A compelling public necessity warranting the revocation of a use permit for a lawful business may exist where the conduct of that business constitutes a nuisance." (Goat Hill, supra, at 391-392) (emphasis added) The description of the City of Costa Mesa's practices is similar to that testified to by Stuart Fisk: the City used the request for an indoor entertainment permit to change other provisions of the CUP, apparently without any notice to The Bank. This was done here in violation of the City's practices. Mr. Watson stressed that, regarding any CUP application, whether for modification or otherwise, there is a collaborative negotiation to reach resolution. He described "mutual negotiations" as standard practice (Transcript, 58:8-11) and believed that practice was applied here: 00088872.1 "Q Do you believe that the hours were changed as a trade off or give and take with the fact that music -- background music was going to be allowed in The Bank? A It's probable." (Transcript,112:23-113:1.) "Q Mr. Watson, as you sit here today, do you have a belief as to why the hours were reduced in the 2012 minor modification? A I can make an assumption, but I can't tell you for a fact why they were charged. Q What is your opinion? 0689 14 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 80 2 3 4 5 6 7 8 9 10 11 N O 12 V 11 W I� a�Q 13 J J Q Z moo 14 5 J W i15 J Q O-� "WF 16 ,O Z LOO co 17 18 19 20 21 22 23 24 25 26 27 28 A Well, it is standard practice that when an applicant comes in to get a CUP or to modify to CUP, that there is a trade off, there is negotiation." (Transcript 113:19-114:2.) "There was a new request that resulted in a back and forth and the hours were changed because of the new request." (Transcript 114:7-9.) Mr. Fisk, however, made no attempt to refute Mr. Puma's description that there was I absolutely no negotiation, no attempt at negotiation, and no communication whatsoever that the application for background music would be granted only in return for drastic reduction in operating hours. Unlike Mr. Watson's description, Mr. Fisk agreed that it was not inaccurate to 1 say that an application for minor modification placed the applicant at "the City's mercy". (Transcript, Day 2, 267:20.) Suffice it to say that none of what Mr. Watson says are the City's procedures of discussion and collaboration regarding CUPs were followed here, notwithstanding his recognition that "a CUP conveys a vested right to the property owner." (Transcript, 131:13- 15.) B. The City's Standard Process Was Due Zip Third. Zip Third's Vested Property Interest Triggers Due Process Requirements Not Met Here. I CUP. The requirement of constitutional due process applies to the City's attempt to revoke this "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. [Citations.] The notice must be of such nature as reasonably to convey the required information, [citation], and it must afford a reasonable time for those interested to make their appearance [citation]. But if with due regard for the practicalities and peculiarities of the case these conditions are reasonably met, the constitutional requirements are satisfied.... [�] ... The means employed [to give notice to interested parties] must be such as one desirous of actually informing the absentee might reasonably adopt to accomplish it. The reasonableness and hence the constitutional validity of any chosen method may be defended on the ground that it is in itself reasonably certain to inform those affected ...." (Emphasis added.) (Mullane v. Central Hanover Tr. Co. (1950) 339 U.S. 306, 314-315 (Mullane). 00088872.1 0690 15 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mullane has been applied to due process in a somewhat similar code enforcement situation that did not involve a vested property right. In Rasooly v. City of Oakley (2018) 29 Cal. App. 5- 348, Rasooly owned a vacant commercial building within the City of Oakley. The building had been red -tagged by the City for numerous structural defects. Rasooly appealed the red -tag notice and litigated its applicability; he and the City also had engaged in settlement discussions. The City had extended the time for the repairs but ultimately received no response from Rasooly or his agents. About two years after the first notice the City issued a new notice and order. It served the same by posting on the property and by mailing return receipt requested to Rasooly's post office box, which was his address for tax roll purposes. The notice was returned as undeliverable. Rasooly did not file an appeal to the notice (since he did not want to suggest that he received it) but contested whether he was served. The Court found that posting on the property and simultaneous mailing satisfied the Mullane requirements for notice reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard and that, therefore, the traditional notions of fair play and substantial justice implicit in due process were satisfied. Rasooly, supra, at 357-348. Unlike the City of Temecula, the City in Rasooly carefully gave a variety of forms of notice in compliance with its own procedures, and showed that Mr. Rasooly intentionally avoided service of notice. None of that is present here. The City did not follow its own procedures. And the City's "service", deficient under the City Code, was not a method reasonably certain to accomplish actual notice nor one which meets "traditional notions of fair play and substantial justice." C. The City Failed To Follow Its Own Requirements As To The Service Of Administrative Citations The "administrative citations" here fall into two groups: the initial administrative citations under City Code Section 1.21 (City's Exhibit 10) and the notices of violation/civil penalties with increased citations amounts under City Code Section 1.24, "Community Standards Preservation." (City's Exhibit 11). 00088872.1 0691 16 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 82 N 0 �Z� w rn au,g � Z of m00 � � J xFLL U ODD U U of w� u, Z 0O N 21 31 21 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Service of these citations is not governed by the general rule in Section 2.32.020 of the City Code regarding notification by mail, but by the provisions of Section 1.21.050. Those sections require that if, and only if, personal service fails, an administrative citation to a business other than a corporation (e.g., an LLC, like Zip Third) must be mailed to the correct address for an authorized representative by certified mail, return receipt requested, and, at the same time, sent by regular mail. If the notice sent certified mail is returned, and the regular mail is not, the notice is deemed served: 1 Notification by personal delivery or mail. Whenever a notice is required to be given, or may be given, under any provision of this code or any provision of any code adopted by reference by this code or any provision of any ordinance or resolution of the city not included within this code, such notice may be given as herein provided. Unless different or special provisions are otherwise specifically made in this code or in some other applicable enactment, any such notice may be given either by personal delivery thereof to the persons to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known residence or business address as the same appears in the public records or other records pertaining to the matters to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office or in the official receptacle thereof. 2 Procedure for serving administrative citation. An enforcement official may issue an administrative citation, on a form approved by the city manager, to a responsible person, as follows: A. If the responsible person is a corporation, the enforcement official shall attempt to locate any one of the following individuals and issue to that individual an administrative citation: the president or other head of the corporation, a vice-president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager, or a person authorized by the corporation to receive service of process in a civil action. If the office address of any of the above -listed individuals is known to the city, a copy of the administrative citation also shall be mailed to one of those individuals by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. B. If the responsible person is a business other than a corporation, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to a regular mail, provided the notice that was sent by regular mail is not returned. C. The enforcement official shall attempt to obtain on the administrative citation the 00088872.1 0692 17 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 83 N 0 -,t Z� W I- -jW5 J Q Z m 0 O � � J xFa W (n V J Q OZ� U U T W u, Z 0O N 2 0 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1.21.050 B. is admirable in its specificity: "[T]he enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can locate only the manager of the business, the administrative citation may be given to the manager of the business. If the address of the business is known, a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid,. return receipt requested. Simultaneously, the same notice may be sent b regular mail." The City obviously knew this procedure. It apparently followed it for The Bank. It ignored it, utterly, and fatally, regarding Zip Third. There is no evidence the Code Enforcement Officer (or anyone else from the City) notified the property owner of any of the administrative citations given pursuant to City Code Chapter 1.21 (generally from March 2021 through August 18, 2021). Thus there can be no claim of notice of any kind for those administrative citations. In approximately August, 2021, the City stopped sending administrative citations and began to send notices of violation/civil penalties under Chapter 1.24 of the City Code. None of them were served personally or by certified mail. They were sent by regular mail. As to such notices, Mr. Solomon stated that in March, 2022, Zip Third began to receive a small fraction of the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings. D. If the enforcement official is unable to locate a responsible person for the violation, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned. E. If the enforcement official does not succeed in serving the responsible party personally, or by certified mail or regular mail, the enforcement official shall post the administrative citation on any real property within the city in which the city has knowledge that the responsible party has a legal interest, and such posting shall be deemed effective service. F. If the enforcement official does not succeed in serving the responsible party personally, by certified mail or regular mail, and the city is not aware that the responsible party has a legal interest in any real property within the city, the enforcement official shall cause the administrative citation to be published once a week for four successive weeks in a local newspaper published at least once a week. (Ord. 19-02 § 4; J %10- 4 § 1) 00088872.1 V 18 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 84 I 2 3 4 5 6 7 8 9 10 11 N O 12 V ZD W I- a�a 13 �Cn_ �oZ moo 14 5 Q' J LU Cn U 15 J Q ci 00 "WQ 16 U)Z LOo co N 17 18 19 20 21 22 23 24 25 26 27 28 numerous citations the City says it sent. His search of all Zip Third's records showed that Zip Third only began to receive the citations regularly after he heard from Ms. Petrusis on July 1. The notices never were served on him or addressed to him. Instead, he is cc'd as "Norman Sullivan." Tom Cole's testimony claimed that although he had used the wrong name in the cc, the letters themselves, which he said commenced in August, 2021, were addressed to Mr. Solomon. I No supporting evidence (such as a photograph of the sticker on an envelope) was offered. The May 19, 2022 letter of revocation (City's Exhibit 8, sent only to The Bank) explains the violation of CUP Section 28(c) which refers to a "disorderly house". No violation notice, however, mentions "disorderly house", or even Section 28(c) of the CUP. Unlike Rasooly, there is no evidence that Mr. Solomon avoided picking up his mail or that he avoided service. It can be presumed that during COVID, there was not only delay and disruption in delivery of mail but delay in receipt at closed offices. Ms. Lane testified that she had received a number of letters addressed to Mr. Solomon at I The Bank address. (Transcript, Day 2 179:4-6.) She testified that she did not forward them to him because they showed his name as a cc so she believed the City had provided the notices to him separately. (Transcript, Day 2, 178:25-179:2.) And, at that time, she did not know the lease required providing these notices to the landlord. (Transcript, Day 2, 179:2-3.) Unlike Rassoly, there is no history of Zip Third having prior interaction with the City I I regarding the violations. Most importantly, there is no indication in any of those notices that the City intended to revoke the CUP. Nor did Zip Third receive them in sufficient quantity to deduce that intention. D. The August 20, 2021 Letter, Failed To Provide Adequate Notice To Zip Third The August 20, 2021 "notice" (City's Exhibit 12) is neither clear nor convincing evidence. I I� Mr. Cole testified that in August, 2021- —5 months after citations to The Bank had begun -- the City wondered if the owner knew what was going on. The City to that point had sent nothing to Zip's address. His solution, he says, was to send one unsigned and undated letter, regular mail, to Zip's office address. If we ignore the service requirements of the City Code and accept his 00088872.1 0694 19 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 85 1 2 3 4 5 6 7 8 9 10 11 0 12 'tZ� wr— a�a 13 J U) J Q Z moo 14 � � J LU En U 15 J Q Ong " .a 16 n Z 00 co N 17 18 19 20 21 22 23 24 25 26 27 28 testimony that he used the correct name on the envelope and mailed it to the address in the letter, his testimony creates a presumption of receipt: "A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail.". (Evidence Code Section 641.) With Covid continuing, and shut downs everywhere, there was nothing "ordinary" in August 2021. Regardless, the presumption of receipt is simply that. It does not meet the clear and I convincing evidence standard. Testimony and circumstantial evidence can defeat the presumption under even under the preponderance of evidence standard. Carl v. Thomas (1931) 116 C.A. 294, 300, 2 P.2d 872 [(presumption rebutted by supposed recipient of notice of trial date not appearing I for trial despite having arranged to appear upon receipt of a trial notice); Jensen v. Traders & General Ins. Co. 0956) 141 C.A.2d 162. 164, 296 P.2d 434 [presumption rebutted by plaintiff's testimony and circumstantial evidence -- plaintiff denied receiving policy cancellation notice and had taken no action to acquire other insurance]; Bonner ►}. Huntington Park f 1993) 20 C.A Atli 1474. 1479, 1481, 25 C.R.2d 278 [like here, presumption rebutted by supposed recipient's denial and its search of its files]. Except from March, 2022 -- for 16 notices -- and after the July 1, 2022 phone call from I Ms. Petrusis, Mr. Solomon denied receipt of any notices. Is Mr. Solomon's testimony credible? The evidence is overwhelming that he is a highly experienced property owner, active for more than 40 years, with hundreds of projects. Zip Third, of which he is manager, owns the entire, "premier" block and the adjacent parking lots. (Transcript, Day 2, 182:16-182:22; 185:4- 188:2.) His entities own other nearby Temecula property. He made it a point to meet and talk with Mr. Watson early in his City of Temecula acquisitions. He has never "had this level of difficulty with any governmental entity". (Transcript, Day 2, 226:9-11.) He acted promptly upon learning, through his property manager, that one of the parking lots and adjacent areas were experiencing loitering, drinking, vagrancy, and other undesirable behavior. (Transcript, Day 2, 188:3-18.) He had received no complaints about The Bank from his other tenants on the block. The Bank appeared to be a responsible tenant. (Transcript, Day 2, 212:5-14.) 00088872.1 0695 20 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 86 N O V W I-_ H 03 aNQ J 0 Z a W LL � � J x�a U J Q ODD UC90� W Lf)z CO N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Only a fool would ignore incessant City notices. The evidence shows that Solomon is not a fool. Can anyone believe that he would ignore the threat of revocation? He testified to the value of the CUP and that had he known what Ms. Petrusis told him on July 1, 2022 he would have acted promptly. (Transcript, Day 2, 221:3-222:13.) The City knew who Solomon was. It is reasonable to assume that his office had a phone and that the phone worked. Ms. Petrusis had no trouble reaching him by phone. Nothing suggests that had Mr. Solomon known earlier he would not have acted promptly and responsibly. City policy is to speak to and try to collaborate with the property owner and the business owner before any citations are issued. That policy was not implemented here. At the hearing the City suggested that Zip Third acted too slowly after learning late on July 1, 2022 of the already scheduled revocation. That claim ignores not only the City's severe deviation from its own procedures and its code's notice requirements. It ignores reality. Even the defendant in a civil case has 30 days just to answer a pleading. Zip Third, unlike The Bank, did not know anything about the City's revocation theories/grounds until Ms. Petrusis spoke to Mr. Solomon. Then, Zip Third had to hear the tenant's side of the story which included, accurately, the City's sudden attempt at enforcing certain hours and noise limitations after non enforcement from 2012 through 2019. And Zip Third could do nothing without relief from the bankruptcy stay. Its motions resulted in the bankruptcy being dismissed by order following hearing on August 23. That is not slow action, particularly when contrasted with the City's 14 months of citations rather than abatement action. The City says it attempts to do everything that it can to avoid revoking a CUP. It may have done so regarding The Bank. It certainly did not regarding Zip. E. The City Admits It Failed To Provide Notice Of The Pending Revocation Until Well Into The Month Of July Critically, the City's accumulation of administrative citations - even if served — did not provide notice of proposed revocation of the CUP. Once the notice of revocation was given, the nature of the matter and the matter's rules changed. The City cannot rely on the alleged service of citations as notice of revocation. In fact, the City admits it failed in providing notice of the 00088872.1 0696 21 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 87 1 2 3 4 5 6 7 8 9 10 11 N O 12 ,It11 W r a�a 13 J U1 _ J O Z moo 14 5 J WcnU 15 J Q ODD UW~ 16 ,,, Z LnO co ccli 17 18 19 20 21 22 23 24 25 26 27 28 revocation by a method of service that meets traditional notions of fair play and substantial justice. The City has presented the May 19, 2022 letter, (City's Exhibit 13), as the notice of revocation containing the information required to put the recipient on notice of the reasons for that proceeding. The City does not cite a provision of the City Code that governs service of that notice. Mr. Watson admits that it mailed the notice of revocation to Mr. Solomon at The Bank's I address rather than to the correct Wilshire address. (Transcript, 82:5-7.) Obviously, the City had Zip Third's address. Yet the City waited from Mgy 19 2022 the date of the notice to July 1 2022 after 5:00 p.m. (the 4� of July weekend) to mitigate this error. Its mitigation was by the City Attorneyleaving a message for Norman Solomon. That call was followed by a July 5 email. (Transcript, Day 2, 207:17-208:21.) Telephonic notice and emailed notice do not constitute service of notice under any applicable City Code provisions or state law. (See Rasooly, supra). In fact, Zip Third only received legally sufficient notice of the revocation hearing at the time the July 8 letter (City's Exhibit 14) was received, perhaps about July 13 given mail delivery times during COVID. That is barely within the 45 day "requirement" of Section 17.03.085. Prior even to sending the May 19, 2022 letter to the wrong address, and as of at least April 25, 2022, the City was coordinating a hearing date with Amanda Moore (Lane) and Craig Puma. (See Respondent's exhibit LL, obtained via Public Records Request, Transcript Day 2, 76 10 — 80 line 12). The Request to Set, which is part of the OAH record, and referred to by the ALJ, shows a May 1, 2022 date as that used to set the hearing. The second August 30 and 31 hearing dates were chosen without inclusion of Zip Third even though the City knew the May 19, 2022 letter had been returned. The City made no effort after May 19 to contact the property owner until it was too late to prepare adequately for the hearing. Even after the July 1 phone call, the City continued to send notices to Norman Solomon at 11 The Bank's address. As part of the response to Zip Third's Public Records request, Zip Third obtained a copy of such a misaddressed letter: a returned registered letter dated July 20, 2022. (See Exhibit 10 to the Declaration of Elizabeth Martyn in Support of Zip Third's Request for Continuance, dated August 26, 2022). 00088872.1 0697 22 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 88 2 3 0 9 10 11 N 12 O V � W n a�a 13 J rn J Q Z moo 14 5 I J 2 F Q LU JQU 15 O�� " .a 16 ,,, z LOO co 17 18 19 20 21 22 23 24 25 26 27 28 Given the volume of evidence, the delay of the City, the deficient service of citations, and the need to obtain evidence through a Public Records Act, the notice of revocation does not meet traditional notice of fair play and substantial justice. It does not meet the constitutional standards 1 applicable to deprivation of a vested property interest such as that of Zip Third in the CUP. The City's closing statement ignores the City's failure to give effective notice. The City's actions (intentional or otherwise) precluded Zip Third from a full and complete opportunity to present its defense, and the City intentionally and consistently refused to consider any continuance of the hearing to provide Zip Third additional time to do so. I F. The City Also Failed To Provide The Required Notice Of The Public Revocation Hearing. The City would have a hard time exceeding its own code violations and procedural violations here. Beside deficient notice and deficient service regarding The Bank's alleged violations, the City failed to provide the required notice of hearing. Service of the Notice of Hearing is governed by Section 17.03.040(B) of the City Code. It provides, in pertinent part: Notice of the Hearing: 17.03.040(B): Notice of Hearing for Review of Applications. Not less than ten calendar days prior to the date of a public hearing, the city clerk shall give notice that shall include the following information concerning the public hearing: time, place, identity of the approval body, nature of the application, general explanation of the matter to be considered, and a general description (in text or by diagram) of the location of the real property, if any, that is the subject of the hearing. The city clerk shall distribute the notice as follows: A conv of the notice shall be vublished at least once in at least one local newspaper of general circulation in the city. provided, however, that if there is no newspaper of general circulation in the city. the notice shall be vosted in at least three publicly accessible locations in the city. 2. The notice shall be mailed first class and postage pre -paid to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to 00088872.1 0698 23 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 89 N 0 a� W0) aU¢ O Z0 a moLL o J xF¢ WU)U J Q o 3 0UQ� wF- LOz 0o N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the planning director's judgment, be affected by the establishment of the use or zone requested. Please note the "applicant" is identified separately from the property owner. There is no evidence in the record of the hearing that the required notice was published or posted. There is no evidence in the record of the hearing that the notice was mailed to the parties or to those persons with surrounding property. This is yet another instance of a failure of due process. WHAT IS THE ACTUAL PURPOSE OF THE CITY'S RUSH FOR REVOCATION? The City spent over 14 months simply citing The Bank. The City sent two private investigators to observe its operations. It sent code enforcement personnel to The Bank every weekend. But it failed to speak to the property owner. It failed to serve the owner personally. It failed to serve by certified mail. The City caused a continuance of 11 weeks but opposed any continuance requests by Zip Third. The City presented no testimony of any actual fault by Zip Third. So why does the City really want to revoke the CUP? One can speculate. But the bottom line is that the City has not acted in good faith. The evidence provided by the City is disturbingly discriminatory and homophobic. The City's closing statement itself states: "Finally, it is undisputed that The Bank has been using a deejay and has had drag show events in violation of the live entertainment provision of Condition No. 9". (City's Closing Statement 3:11-12). A. Evidence Of The City's Apparently Discriminatory Motive It is for The Bank to argue whether the City's evidentiary focus on drag shows reveals a discriminatory motive. Zip Third notes, however, that Jeff Letourneau, whom the City sent in undercover specifically to observe "drag shows", testified in depth to "drag" activities he saw on July 13 and July 20, 2021. (Transcript Day 2, pg. 7-8; 10:16-12:13). These shows are referenced in the flyer that is subject of City's Exhibit No. 12. Whether such activities reflected 00088872.1 0699 24 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 90 N a wr- aU)Q J Z ?0LL o xFQ LU U) U J Q 0 7) U U' W wF- LOz 0o N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 constitutionally protected free speech or required a CUP modification is not Zip Third's issue. Nonetheless, the City's did not simply present evidence of musical performance after permitted hours, but repeatedly emphasized that the performance was a "drag show." Craig Puma was asked if he thought a "drag show" conformed to the live entertainment permit. (Transcript Day 2, 66:1- 20.). And Stewart Fisk was asked about "drag shows", as if transvestite performers lip syncing and dancing need a "drag show" permit. (Transcript Day 2, 261:22-262:22.) Given the timing of the first notices of violation/civil penalties, and the alleged August 20, 2021 letter, apparently the City determined to change its enforcement tactics as the result of the July 2021 drag shows. Moreover, stressing "drag" in the context of revocation, hours, and noise is not just homophobic and a violation of First Amendment principles. All people have a right to lip sync and dance and to enjoy others doing the same, dressed however they may be dressed, moving however they may move. The only proper question here was whether they did so during permitted hours. B. This Proceeding Really Is About The City's Desire To Change The Nature Of The Use At The Bank's Location Luke Watson testified at some length that The Bank is a half block away from City Hall. (Transcript 78:22) Zip believes that the City's "motive" in this revocation is tied to the recent amendment to Title 9 of the City Code, which provides for an "entertainment license" as set out below. Apparently the City believes that the regulation of the entertainment offered in all of Old Town Temecula is the key to controlling the overall drunk and disorderly behavior not just at The Bank, but throughout the area: 00088872.1 119.10.080 Conditional use permits in conjunction with entertainment licenses. A. If a conditional use permit, or any other permit or approval, except a certificate of occupancy, is required for the lawful operation of an entertainment establishment, the provisions of this chapter shall be in addition to those other permits and entitlements. An entertainment license cannot modify the terms of an existin€ conditional use permit, except as set forth in subsection C below. 0700 25 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 91 1 2 3 4 5 6 7 8 9 10 11 04 CD -t� 12 W n aE;a 13 J � Z moo 14 5 � J = H Q W(nU 15 J Q OZ� " .Q 16 MZ co N� 17 18 19 20 21 22 23 24 25 26 27 28 B . For new conditional use permits issued after the adoption of the ordinance codified in this chapter, a valid and compliant entertainment license shall be a condition and/or requirement for an entertainment establishment and may include operating requirements above and beyond the conditional use permit, which may be amended from time to time, as listed in this chapter. C. For modifications to existing conditional use permits that allow entertainment, the city may require, as a new condition of anorovai. that the business obtain an entertainment license if entertainment will be offered at the business." (Ord. 22-06 § 4; Ord. 94-16 § 2) (Emphasis added.) This amendment also is notable for its definition of "responsible party" under the entertainment permit, as it directly contradicts the City's attempted attribution of liability to the I off -site landlord, Zip Third, and reflects the separate nature of the owner versus the person in 11 charge. Sec. 9.10.020: "Responsible party" means any person who is physically at the entertainment IV establishment and is any of the following: 1. The person who owns the entertainment establishment; 2. The person in charge of the entertainment establishment; 3. The person using the entertainment establishment under a special arrangement; 4. An employee or agent of an owner or manager of the entertainment establishment when the owner or manager is temporarily absent from the entertainment establishment; 5. The entertainment establishment's manager or on -site supervisor; 6. The person who books, schedules, or authorizes entertainment. (Ord. 2022-06 § 4; Ord. 94-16 § 2) CONCLUSION Due process is absent. Fault by Zip Third is absent. At the least, the ALJ should exercise her discretion not to revoke the CUP at this time to allow Zip Third to evict the tenant — and thus 00088872.1 0701 26 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 92 0 V� N z C m oo _�� U ODD UC7Q: Lp w� Lpo 00 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 solve the problem not solved by 16 months of citations and undercover detectives for "drag" events. Dated: September 12, 2022 Respectfully Submitted, COLE HUBER LLP By: Elizab L. Martyn Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC IDated: September 12, 2022 Respectfully Submitted, RICK EDWARDS, INC. By R, ?,k . RI K EDWARDS Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC 00088872.1 27 ZIP THIRD INVESTMENTS, LLC'S CLOSING ARGUMENT Page 93 N � Z� W1- aU)Q J z 0 moo =5 J =�a U OZ� w� �z LO co N 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE In re The Bank Case No. OAH No. 2022051021 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Bernardino, State of California. My business address is 2855 E. Guasti Road, Suite 402, Ontario, CA 91761. On September 12, 2022, I served true copies of the following document(s) described as ZIP THIRD INVESTMENT LLC'S CLOSING ARGUMENT on the interested parties in this action as follows: Craig Puma 28645 Old Town Front Street Temecula, CA 92590 cpumavi@gmail.com Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 jpetrusis@rwglaw.com mgreer@rwglaw.com Attorney for City of Temecula Thomas Calloway, Esq. 43537 Ridge Park Drive Temecula, CA 92590 Email: tomcallaway@verizon.net Attorney for Amanda Moore and CNC Puma Corporation BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address rbolin@colehuber.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 12, 2022, at Ontario, California. tom, i 'r :• Page 94 #13 0704 Zip Third Investment, LLC — Request to Continue Hearing Date to October 6 and October 7 0705 Page 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH L. MARTYN, Bar No. 100856 martynlaw2000@aol.com TYLER SHERMAN, Bar. No. 343567 tsherrnan@colehuber.com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Facsimile: (909) 937-2034 Attorneys for Property Owner ZIPTHIRD INVESTMENTS, LLC In the Matter of. THE BANK, OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA OAH No. 2022051021 REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Revocation of CUP Hearin Date: Aug. 31 and Sept. 1, 2022 Time: 9:00 a.m. Dept. Via Zoom Telephone Conference 0706 11111111:1:-r11-2, Page 96 REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 1 2 3 4 5 6 7 8 9 10 11 N 12 O 13 Z) J U W X 14 a moo Z J =�Q 15 U WQO °0W 16 w� LO 0 17 N 18 19 20 21 22 23 24 25 26 27 28 Property Owner Zip Third Investments, LLC, the Property Owner and permit holder of the conditional use permit ("CUP") at issue here, requests that the hearing presently scheduled for August 31 to September 1, 2022 be continued to for the good cause below, as supported by the Declarations of Elizabeth Martyn and Lazaro Fernandez, attached and incorporated. An OAH hearing may be continued for good cause when a party files a written motion within ten days after discovering the reasoning for a continuance. (1 CCR Section 2020). As set forth in Ms. Martyn's declaration (Exhibit 18), Zip Third has complied with the notice requirements to request a continuance. The Property Owner and its witnesses are available for the hearing at any time after November 5 but will consider other dates that work for the City, OAH and the ALJ. If a continuance is denied, the moving party may ask the Superior Court to review the denial. The City of Temecula previously obtained a continuance of approximately 11 weeks from July 6 and 7 to August 31 and September 1. At that time, the Property Owner asked for a longer continuance which was not granted. The Property Owner now renews this request because the situation has changed significantly. As of August 23, 2022, the tenant who is the cause of the City's ' multiple citations no longer is subject to the Bankruptcy Court's automatic stay on unlawful detainer proceedings. Therefore, the Property Owner is proceeding with notice to the tenant and unlawful detainer proceedings. Three other reasons justify a continuance: (1) Zip Third can document the City's failure to provide due process to revoke a vested CUP which prevents an adequate defense by the Property Owner; (2) OAH's grant of an 11-week continuance to the City; and (3) the Property Owner also (and separately) requests a pre -hearing conference for dispute resolution purposes. The Property Owner has met the requirements for a continuance. It filed the present motion within ten days of the August 23, 2022, order of the federal bankruptcy court which has the effect of allowing Zip Third to evict its tenant, CNC Puma Corporation, which (run by Amanda Moore and Craig Puma) operates The Bank Restaurant and Bar in Old Town Temecula. The Property Owner requests a continuance to allow it time to evict the tenant who is the subject of the numerous citations provided by the City to the tenant, or otherwise to work with the City. Despite itself receiving a continuance of eleven weeks, the City opposes the continuance The other parties included in the hea 1 n c p_aose the continuance and did not provide dates. The 00088505.1 2 Page 97 REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 I 21 3 4 5 6 7 8 9 10 11 N 12 0 �G W� 13 J U Q of W 14 a mo o Z J = a 15 U J Q O °(Q 16 w� In 0 17 co 18 19 20 21 22 23 24 25 26 27 28 Property Owner is available for the hearing at any time after November 5 but will consider other I dates that work for OAH and the ALJ. First, as further set out in the Declaration of Elizabeth Martyn, the City has failed to provide due process to the Property Owner as the holder of a vested conditional use permit (the "CUP") Under Temecula Municipal Code ("TMC") 17.03.085(A)(1)(a), the permit holder is to be notified of the possible revocation and the date of the hearing coordinated with the permit holder: If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk[.] The City has failed to properly notify the Property Owner as the permit holder throughout this action. `It has treated the tenants as the CUP holder (going so far as to name the tenants as the permit holder I in its opposition to Zip Third's prior request for a continuance). For instance, it never provided ZJi Third with notice of the revocation decision as required under the TMC. Instead, it sent the decision to the tenants, Amanda Moore and Craig Puma. (See Declaration of Elizabeth Martyn, Paragraph 14-16). They remain as parties here. Even when the City eventually sent a copy of the letter to Norman Solomon it was addressed to the tenants and concerned their violations. (See id.). Moreover, the City never provided Zip Third with notice of the almost 100 administrative citations served on the tenant. (Id., Paragraph 8, 16.) Even when it mailed copies of civil penalties, it addressed them to the tenant and sent them to an incorrect address for Zip Third. (Id., Paragraph 8, 16.) Although California law provides that cities may impose penalties for code violations, Cal. Govt. Code § 53069.4 (a)(2)(A), the locality must provide notice and a reasonable period to correct the violations. Id. The City has not provided Zip Third reasonable opportunity to correct the violations, which it now attempts to use as a reason to revoke a valuable property right in the f conditional use permit. In attempting ' ( r ; > )` e Zip Third's CUP, the City effectively contends that 00088505.1 3 Pap, 98 REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 1 2 3 4 5 6 7 8 9 10 11 N 12 O W 1- 13 d U Q Woof 14 a mof oo D J =Pa 15 Cn U w¢O °Z)� 16 w� in 0 17 N 18 19 20 21 22 23 24 25 26 27 28 Zip Third is the responsible party. If that is so, then Zip Third should have been served with all of the citations —it was not. Even assuming Zip Third was the responsible party (which Zip Third contests), it could not have remedied the violations because of its tenant's ongoing Chapter 11 bankruptcy. Until Tuesday, August 23, 2022, the bankruptcy prevented Zip Third from evicting Moore. Bankruptcy proceedings stay a landlord's ability to evict a tenant. (See Declaration of Lazaro Fernandez) Nevertheless, as the City's citations indicate, it is the tenant i.e. Amanda Moore who continuously and independently disregarded the citations. Evicting the tenant would stop the claimed violations. Federal proceedings prevented Zip Third from taking that action until now. But because the Bankruptcy Court's order of August 23, 2022, has resulted in the ability to resume evictions, the Property Owner will now evict the tenant in order to end the claimed violations. Evictions are not, however, instantaneous. Zip Third requests only a reasonable period within which to evict the tenant and remedy the alleged violations, as it is entitled to do under Government Code section 53069.4 (a)(2)(A). Even though the City previously was content to simply cite the tenants for 18 months,1 the City has nevertheless opposed Zip Third's reasonable request But it cannot do so. For, the City's current attempt to revoke Zip Third's CUP without giving it a chance to take advantage of the protections to which it is entitled violates its right to due process. Indeed, the City's power to revoke the CUP is limited.E. , Bauer v. City of San Die o, 75 Cal. App. 4th 1281, 1294-95 (1999); Korean Am. Legal Advocacy Found. v. City of Los Angeles, 23 Cal. App. 4th 376, 391 n.5 (1994); Goat Hill Tavern v. City of Costa Mesa, 6 Cal. App. 4th 1519, 1530 (1992). Once a permit holder has properly obtained a permit, acted in reliance on it, and thereby incurred material expense, the holder acquires a vested property right to which due process protections apply. E.g., Bauer, 75 Cal. App. 4th at 1294-95; Malibu Mountains Recreation. Inc. v. County of Los Angeles, 67 Cal. App. 4th 359, 367-368 (1998); Korean Am., 23 Cal. App. 4th at 391 n.5; Goat Hill, 6 Cal. App. 4th at 1530. Revocation is a harsh remedy, and the City may not It is worth noting that the City itself has and always has had the authority to pursue a prohibitory injunction against the tenant which would stop tin ons that are the subject of the citations. See, e.g., IT Corporation v. County of imperial, 35 CaYY. �d`''70-74 (1983). 00088505.1 4 F REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 1 2 3 4 5 6 7 8 0 10 11 a 12 13 _JUa Of<W 14 moo � � J =�a 15 cn U J Q O °3� 16 w� LO0 17 N 18 19 20 21 22 23 24 25 26 27 revoke a CUP without satisfying due process. E.g., Bauer, 75 Cal. App. 4th at 1294-95; Malibu Mountains, 67 Cal. App. 4th at 367-fi8; Korean Am., 23 Cal. App. 4th at 391 n.5. There is no dispute that Zip Third properly obtained a CUP on which it has relied and incurred material expense in developing and leasing the Property. It has a vested property right in its CUP. See Bauer, 75 Cal. App. 4th at 1294-95; Malibu Mountains, 67 Cal. App. 4th at 367-368; Korean Am., 23 Cal. App. 4th at 391 n.5; Goat Hill, 6 Cal. App. 4th at 1530. Take, for instance, Goat Hill Tavern v. City of Costa Mesa. In that case, the City of Costa Mesa refused to renew a CUP for a long-established tavern business of 35 years for which owner had incurred millions of dollars in operating and improvement expenses. Goat Hill, 6 Cal. App. 4th at 1522-23. The tavern operated as a lawful nonconforming use, and after years in business, the owner applied for a CUP after making an expansion of the tavern. Id. at 1523. The city granted a CUP that lasted for just six months. Id. When the CUP expired, the City ultimately refused to grant a renewal. Id. Upon appeal, the Court of Appeal held that the owner indisputably had a vested right to operate the tavern and not, as the city contended, a purely economic privilege. Id. at 1529-31. Likewise, Zip Third has operated its property for years and incurred significant expense in its development. It has a vested right. Due process thus requires that the City act only upon meaningful notice to Zip Third and an opportunity for it to be heard. See Bauer, 75 Cal. App. 4th at 1294-95; Korean Am., 23 Cal. App. 4th at 391 n.5; O'Ha en v. Bd. of Zoning, Adjustment, 19 Cal.App.3d 151, 158 (1971). But the City has not afforded due process to Zip Third. The City failed to provide Zip Third with any meaningful notice of the alleged CUP violations (addressed to the tenants) or the time to obtain supporting materials and develop a defense. The City's cursory communication of the revocation decision is no different. After conferring with the tenants throughout April regarding the OAH hearing, the City sent the final notice of its decision to revoke Zip Third's CUP to the tenants on May 19, 2022. That notice was merely copied to Solomon at the wrong address. The TMC requires notice of revocation to the permit holder —Zip Third. See TMC § 17.03.085(A)(1). It was not until months later, on July 1, 2022, after 5:00 pm. on a holiday weekend and five calendar days before the original July 6, 2022, hearing that the City bothered contacted Solomon by phone to 28 I+ inform him of the impending revocatic®.7klq&phone conversation is not the written notice of action 00088505.1 5 P REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 1 2 3 4 5 6 7 8 9 10 11 a 12 O W t- 13 _j (n of W 14 MW- =P:a 15 U J Q O °oaf 16 w� � 0 17 N 18 19 20 21 22 23 24 25 26 27 28 required under the TMC. See id. § 1.040.010 (mandating that any notice required by the code to be in writing). And even when the City provided Solomon a copy of the revocation letter, it was a copy of the letter to the tenants, not written notice to Zip Third. The City may not revoke the CUP upon insufficient notice. Furthermore, substantial California authority limits landlords' liability for the actions of their tenants. For example, generally, a landlord is not liable for the negligence of their tenants. See e.g., Chee v. Amanda Goldt Property Mizint., 143 Cal. App. 4th 1360, 1369-73 (2006); Mundt v. Nowlin, 44 Cal. App. 2d 414, 416 (1941). The same goes for dangerous conditions on a property that came into existence after the time of leasing or nuisance conditions on a property when there is no nuisance at the time at the time of leasing. E.g., Anderson v. Souza, 38 Cal. 2d 825, 831 (1952); Garcia v. Holt, 242 Cal. App. 4th 600, 605 (2015); Chee, 143 Cal. App. 4th at 1373 When a landlord has relinquished control over the premises and the tenant has acquired possession and control, liability is attenuated. Garcia, 242 Cal. App. 4th at 604; Chee, 143 Cal. App. 4th at 1369, 1373; Mundt, 44 Cal. App. 2d at 416. A landlord must have a greater connection to the wrong than the landlord -tenant relationship; for instance, a landlord must have actual knowledge of a dangerous condition or have participated in a wrongful act in order to be responsible. Garcia, 242 Cal. App. 4th at 604; Chee, 143 Cal. App. 4th at 1369, 1373. The City only ever cited the tenant for cessation of the alleged CUP violations. Now it claims that Zip Third is responsible for them. The City has not explained its change of heart. Indeed, the tenant's lease places responsibility for compliance with all permits and zoning restrictions on her, not Zip Third, which is permissible under California law. See e.g., Brown v. Green, 8 Cal. 4th 812, 821-23, 830-34 (1994); Glenn R. Sewell Sheet Metal, Inc. v. Loverde, 70 Cal. 2d 666, 672-76 (1969). The City has not properly noticed Zip Third of any reason why it is suddenly responsible for the conduct for which it independently and separately pursued the tenant. Zip Third again lacks sufficient notice of the basis for the revocation of its CUP. The City has known throughout this process how to locate Zip Third and failed to do so. Second, as also set out in the Declaration of Elizabeth Martyn and Lazaro Fernandez, the Bankruptcy Court now has terminated(ff t f4nts' bankruptcy proceeding. Therefore, the Property 00088505.1 6 P< REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 1 2 3 4 5 6 7 8 a 10 11 a 12 O L� 13 Z) J � Q woo 14 mom Z) J =FQ 15 U J Q 0 °=)� 16 w� LO 0 17 N 18 19 20 21 22 23 24 25 26 27 28 owner can— and will — proceed with unlawful detainer and eviction proceedings against the tenant. The eviction will definitively resolve the City's concerns because tenant will not be able to continue her willful, independent violations of the CUP or disregard the City's enforcement actions. However, those eviction proceedings are not instantaneous. Zip Third requires a reasonable period to pursue eviction and remedy the violations, as it is entitled to do under Government Code section. Third, the City itself requested and received a continuance from July 6 to August 31 because of the unavailability of its own witnesses. Evidently, that continuance did not cause harm. The City received a reasonable period in which to prepare to address the violations that concern it. The Property Owner, Zip Third, only requests equivalent treatment and a reasonable period to do the same to address the violations that are the core issue of this proceeding —as it is entitled to do under Government Code section 53069.4. Finally, Zip Third also request a prehearing conference to determine questions regarding the conducting of the hearing. Thus, for the reasons above, Zip Third respectfully requests that OAH grant it a reasonable continuance for the reasons set forth above. In the event that the continuance is denied and Zip Third seeks review by the Superior Court, Zip Third specifically requests that there be a stay of any further OAH proceeds while that review takes place. Dated: August 26, 2022 COLE HUBER LLP By: at,,,ibo,,9A ElizabcOL. Martyn Attorneys for Property Owner ZIPTHIRD INVESTMENTS, LLC 0712 00088505.1 7 P� REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 N t�; Wr. a�Q J Z 0 a moo Z) J =F_a LU En U J Q 0 Z 00W ui H U.) Z U-)0 co N 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE In re Matter of THE BANK OAH No. 2022051021 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Bernardino, State of California. My business address is 2855 E. Guasti Road, Suite 402, Ontario, CA 91761. On August 26, 2022, I served true copies of the following document(s) described as REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 on the interested parties in this action as follows: Brand Landon Craig Puma CNC Puma Corporation 28645 Old Town Front Street 27555 Ynez Road, Suite 110 Temecula, CA 92591 Via US Mail Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Ave., 37a' Floor Los Angeles, CA 90071 jpetrusis@rwglaw.com mgreer@rwglaw.com Via E-Service Temecula, CA 92590 cpumavi@gmail.com Via US Mail and E-Service Amanda Moore The Bank 28645 Old Town Front Street Temecula, CA 92590 my5kidsmama@grnail.com Via US Mail and E-Service BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Cole Huber LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Ontario, California. BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address rbolin@colehuber.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 26, 2022, at Ontario, California. C Rochelle Bolin 0713 00088505.1 1 Pa REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 ME 0714 Declaration of Elizabeth Martyn in Support of Request for Continuance and Exhibits Hereto 0715 Page104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH L. MARTYN, Bar No. 100856 martynlaw2000@aol.com TYLER SHERMAN, Bar No. 343567 tsherman@colehuber.com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Facsimile: (909) 937-2034 Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC In Re: The Bank, STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS OAH Case No. 2022051021 DECLARATION OF ELIZABETH MARTYN IN SUPPORT OF REQUEST FOR CONTINUANCE AND EXHIBITS HERETO 0716 00088512.1 DECLARATION OF ELIZABETH MARTYN 2E 3 4 5 6 7 8 9 10 I a 12 O V ZD W� 13 _jU)a W W 14 moo D J =Q 15 Cn U J Q O 0 0 W 16 w� Lo 0 17 00 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ELIZABETH L. MARTYN I, Elizabeth L. Martyn, do declare as follows: 1. I am an attorney duly authorized to practice law before the Courts of the State of California, am a partner with Cole Huber LLP, attorneys for Zip Third Investments, LLC in the Iabove -entitled matter. I have personal knowledge of the facts set forth herein, except as to those I stated on information and belief and, as to those, I am informed and believe them to be true. 2. This matter before OAH is the City of Temecula's recommendation that the 2012 1 Conditional Use Permit issued to the Property Owner Zip Third Investments Inc., LLC for the restaurant operating at 28645 Old Town Front Street in Temecula, California (the "CUP") should be revoked because of independent and unauthorized actions of the tenant, Craig Puma, CNC Puma and Amanda Moore (collectively "tenant)." For the reasons set out herein, good cause exists to continue this hearing. 3. Zip Third Investments, LLC is the owner of the property located at 28645 Old Town Front Street and, as the Property Owner, the permit holder of the CUP. (A full and complete copy of CUP PA 2012 is attached as Exhibit 1). The property is leased to CNC Puma, Craig Puma and Amanda Moore pursuant to the attached Lease and its amendments. (Exhibit 2). 4. Throughout this process, the City has treated the tenant as the permit holder. 5. The Declaration of Jennifer Petrusis in Support of Opposition to Zip Third's Request to Dismiss or Delay Hearing and Exhibits Hereto dated July 29, 2022 mistakenly states on pg. 2, lines 8-10 that the Conditional Use Permit was issued to Craig Puma when in fact the holder of the CUP is the Property Owner. (See Exhibit 3). 6. As provided in the United States Bankruptcy Court — Central District — Riverside Division - Petition for Relief from the Automatic Stay, and the Declaration of Norman Solomon p.2 at paragraph 5, attached thereto) the tenant never informed the Property Owner of the violations. (See Exhibit 4). 7. As one basis for the continuance and set out in this Declaration, the City's citation and revocation process shows a consistent lack of due process provided to the Property Owner as the permit holder. While the City has c o.rj ►ii -d a long list of citations, the City's actions for the past 00088512.1 2 Pana InF DECLARATION OF ELIZABETH MARTYN 1 2 3 4 51 6 7 8 9 10 11 N 12 0 � Y, 13 -i CD W W 14 a moo D�� =Fa 15 U J Q O °0Q 16 w� LO 0 17 N 18 19 20 21 22 23 24 25 26 27 28 118 months have not fixed the problem. It is time to allow the Property Owner the opportunity to do ISO. 8. The City did not provide any of the almost 100 administrative citations to the Property Owner at the time they were issued and served on the tenant. (See Declaration of Norman Solomon, Exhibit 4, p.2, Paragraph 5). The City did not provide those or other citations to the Property Owner until well after the time that initial OAH Hearing was set in April, 2022. (See Exhibit 3, Declaration of Jennifer Petrusis). As of the date of this declaration, we do not know if we have received all of the citations, civil penalties or other correspondence from the City. 9. At the time the code enforcement case was opened on March 15, 2022, the Code Case sheet shows the correct name and address of the Property Owner. (See Exhibit 5, City Case Log dated March 15, 2021, obtained from the City in the Public Records Act request referenced below in Paragraph 20). 10. The City does not have proofs of service for administrative citations. (Exhibit 6 Email between Elizabeth Martyn and Jennifer Petrusis dated July 29-August 1, 2022). 11. The City also generated and continues to generate a large number of Civil Penalty letters beginning on February 25, 2022, and continuing at the time of preparation of this document. The single return receipt provided by the City in the response to the Respondent's PRA report show that one such letter was signed for by the property manager's office on or about April 13 2022. I am informed and believe that letter was not provided to Norm Solomon himself, but that another person in the office opened at least that letter and contacted the tenant. The tenant indicated she was working with the City and would resolve the matter. 12. The Civil Penalty letters are fatally flawed as notice. Even if received, the letter fails I I to tell the recipient what the violation is. Instead, the notice references only the CUP provision of the Code: "Pursuant to Temecula Municipal Code Section 1.24.040, this correspondence shall serve as your official "Notice and Order to pay a fine..... for continued violations of the TMC Section 17.04.010". TMC Section 17.040.010 simply is a section of the TMC code that provides for CUP's. (See Exhibit 7, Temecula Municipal Code Section 17.040.010). 13. None of the citations ()fji4r& the provisions of Section 28c of the 2021 CUP, the 00088512.1 3 Page107 DECLARATION OF ELIZABETH MARTYN 1 2 3 4 5 6 7 8 9 10 11 N 12 O V Z6 W I.- 13 J U) Q Woof 14 wo o =�Q 15 Uj U -i < °0of 16 w< � 0 17 N 18 19 20 21 22 23 24 25 26 27 28 "disorderly house" provision on which the City relies for revocation in its May 19, 2022 letter. In contrast, the May 19, 2022 revocation letter, at the top of pg. 6, for the first time specifically references Section 28c regarding a "disorderly house." (The May 19, 2022 revocation letter is included within Exhibit 4 and separately attached here as Exhibit 8). 14. The City did not notify the Property Owner in a timely or meaningful manner or in a manner which would give actual notice of the intended revocation. The request for revocation hearing was filed with OAH at some point in April, 2022. As early as April 25, 2022, about a month before the May 19 letter, the Deputy City Clerk solicited dates for the OAH revocation hearing. However, the email chain regarding that was sent only to Amanda Moore and Craig Puma. (See Exhibit 9, mail from Erika Ramirez to Craig Puma and Amanda Moore and May 15, 2022 proof of service from the City Clerk showing she contacted only Amanda Moore and Craig Puma to set the initial OAH hearing date) 15. The Petrusis Declaration admits that the crucial May 19 Revocation letter was sent to Mr. Solomon at the wrong address, i.e. the Bank address: "Initially, the Notice was sent to Zip Third at the location of The Bank in Temecula, California." (See Exhibit 3, pg. 2, paragraph 5). 16. On July 1 at approximately 5:00 p.m. ( after working hours on the Friday of the 4a' of July weekend), and only 5 calendar days before the original hearing date, Attorney Petrusis left a voicemail message for Norman Solomon at his work phone number. (Exhibit 3, pg. 2, paragraph 5.) He returned her call within 10 minutes. I am informed and believe that he indicated the Property Owner would work constructively with the City to resolve the issues with the tenant. This was the first actual notice the Property Owner had of the citations and civil penalties or of the proposed revocation. (See Exhibit 4, Declaration of Norman Solomon pg. 2, paragraph 5). 17. Between March 15, 2021 when the Code Enforcement case was opened, including the time when the May 19, 2022 letter was not delivered to Mr. Solomon, and July 1 (a year and one or two months) the City did nothing to 11y to notify the permit holder. In fact, as late as July 25, 2022, the City continued to send letters to the permit holder at The Bank address as shown by the returned certified mail receipt attached as Exhibit 10). Similarly, the City did nothing to remedy the situation other than send citations(74 gweek. 00088512.1 FAI DECLARATION OF ELIZABETH MARTYN Page,108 3A 4 5 6 7 8 9 10 11 N 12 O � Z; Uj I- 13 ��a of W 14 moo J =P:Q 15 U J Q O °0W_ 16 w� 0 17 co 18 19 20 21 22 23 24 25 26 27 28 18. Ms. Petrusis did not hear from Mr. Solomon because he was seeking responsible counsel familiar with the City of Temecula and public agency procedures. I am informed and believe that Mr. Solomon then indicated to her by email that he was represented by counsel. 19. As shown by the OAH pleadings, the City obtain an 11-week continuance because of witness unavailability. The Property Owner requested a longer continuance in order to obtain documents and prepare for the hearing. The City opposed that continuance and it was not granted. As the permit holder's counsel, prior to that request, I provided a letter to the City and engaged in a telephone conference with Ms. Petrusis regarding the nature of the bankruptcy proceeding, the Property Owner's lack of notice and the Property Owner's desire to work with the City. (Exhibit 11, letter to Peter Thorson and Jennifer Petrusis dated July 26, 2022). That letter was followed by a phone call with Ms. Petrusis in which she indicated that "there was nothing in [a continuance]" for the City. I asked to speak directly with Mr. Thorson, but was told I could not do that. She indicated that the City was not willing to consider any due process factors or to work with the Property Owner. (See also Ms. Petrusis' July 8, 2022 letter to the Property Owner which states that the City refuses to consider any delay. (Exhibit 4, internal Exhibit F, final paragraph). I do not believe the City has given any consideration to due process factors because it makes it easier to prevail. 20. An additional basis for this request for a continuance is to gain needed documents 1 from the City. Given the lack of documents from the City, Property Owner made two Public Records Act (PRA) requests (See Exhibit 12 for letters dated July 21, 2022 and August 8, 2022). On or about August 17, 2022, the City posted those documents on the City website. There are 125 documents. We have done our best to review those materials but have had insufficient time given their provision one week before filing of exhibits. In addition, not all documents requested have been provided. (Exhibit 13- Letter to Jennifer Petrusis dated August 23, 2022.). We are continuing to try to work with the City to obtain such documents. 21. TMC Section 17.03.085 does not state any requirement for the City's evidence to be provided to the Respondent before the hearing and, as of the date of this document, the City has provided only the information listecU17ZO Petrusis declaration and the responses to the PRA 00088512.1 5 DECLARATION OF ELIZABETH MARTYN 1 2 3 4 5 6 7 8 9 10 11 N 12 O W r- 13 �U)Q �oX 14 a mof oo Z J =�Q 15 Cn U W QO °3of 16 w� co 0 17 N 18 19 20 21 22 23 24 25 26 27 28 request. In contrast, the OAH guidelines require the following due process (OAH Overview of Administrative Hearing Procedures, Witness and Evidence), none of which has been done here. You also have the right to get the names and addresses of witnesses that will testify at the hearing if you have a licensing or other type of hearing if the state administrative procedure act applies to your case (which it does if it's a licensing or discipline case). You also get to review and to copy the agency's evidence. The agency also has to give you a copy of the discovery rules so you can get evidence you need for your case... The City's failure to comply with these requirements a reason to grant a continuance as well as to hold a pre -hearing conference. 22. As was explained to the City in the July 26, 2022 letter attached as Exhibit 11, and as set out in Exhibit 4, Motion for Relief from the Automatic Stay, the situation with this tenant is not straightforward. The tenant has been in a Chapter 11 reorganization bankruptcy since 2020. Operation of The Bank is part of the Chapter 11 plan. Because of the Chapter 11 bankruptcy, and the tenant cannot be evicted, even for continued lease violations. without relief from the bankruptcy. The landlord identified and hired bankruptcy counsel, Lazaro Fernandez, who immediately obtained permission for an expedited motion and thereafter filed the Motion for Relief from the Automatic Stay. 23. Attached hereto as Exhibit 14 is a Declaration by Lazaro Fernandez outlining his education and experience. A copy of Mr. Fernandez's resume is also attached to his declaration. 23. On Tuesday, August 23, 2022, the Bankruptcy Court ruled to dismiss the bankruptcy action, without prejudice, to allow the eviction to proceed as set out in the attached United States Bankruptcy Court — Central District — Riverside Division Order (Exhibit 15). As provided in that Order, the reason for the dismissal as based upon the factors set out in the Motions for Relief from the Automatic Stay, attached as Exhibit 4. 24. Therefore, between July 5 and the present— under two months — (or even between April and August 23) the landlord has achieved what the City could have achieved over 18 months ago had the landlord been noticed. 00088512.1 A DECLARATION OF ELIZABETH MARTYN 1 2 3 4 5 6 7 8 9 10 11 N 12 O V Z� �Y) 13 aCOa Ion 14 mho _P¢ 15 Cn U wa0 ° 0 16 w< LO0 17 N 18 19 20 21 22 23 24 25 26 27 28 25. I am informed and believe that the Property Owner has a strong and recent history of cooperation with the City and is known to them as follows: a. Upon purchase of the property and three adjacent properties in 2015- 2016, Norman Solomon met with Luke Watson to indicate he had purchased the property and wanted to work with the constructively with the City whenever cooperation was needed. b. In 2020, the Property Owner was notified of homeless, vagrancy and loitering issues around The Bank and the neighboring buildings and in the adjacent parking lot. Zip Third promptly installed monitored security cameras, with a loudspeaker system allowing the monitor to reprimand suspicious persons, and armed dispatch if reprimand failed. The Landlord also granted the Sheriff s request to conduct stake outs on the Landlord's properties. 26. OAH granted an almost six week continuance to the City because of witness unavailability. The Property Owners should be granted the same consideration to provide for eviction of the tenant which addresses the underlying problem. 27. On or about August 23, pursuant to Rule 1020, the City and tenants were asked to provide dates for a continued hearing. (See Declaration of Rochelle Bolin and emails'attached as Exhibit 16). Amanda Moore objected to the continuance and did not provided dates. Craig Puma objected to the continuance and did provide dates in September when he is unavailable. In preparation for filing this motion, I again requested that they provide dates were the continuance to be granted. (Exhibit 16). 28. The City objected to the request for a continuance without review of the motion itself (email from Jennifer Petrusis; responsive email from Elizabeth Martyn attached as Exhibit 17). 29. On August 25, 2022 the City responded with their unavailable dates and a warning that if the matter is continued to a date that is unavailable for an important witness, the City would seek another continuance. (email from Jennifer Petrusis; responsive email from Elizabeth Martyn attached as Exhibit 18). 0722 00088512.1 7 DECLARATION OF ELIZABETH MARTYN N O V Z� W r �U)a J d Z ?�Zi It U O�� 000f LLI < U)Z LOo OD N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30. Shortly after the filing of this motion, the Property Owner will request a prehearing conference to clarify hearing procedures and request alternative dispute resolution pursuant to Rule 1 CCR 1026. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on August 26, 2022 in Palm Desert, California. Elizabet artyn 0723 00088512.1 8 Page 1� 2 DECLARATION OF ELIZABETH MARTYN Exhibit 1 0724 Page113 PROJECT Ci.ASStPiCATIOtV PA# DEV# PRO LDC# City of TemecuCa 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 PHONE: (951) 694-6400 FAX: (951) 694-6477 www.cityoftemecula.org Jno PERMIT APPLICATION PROJECT INFORMATION (INCOMPLETE APPLICATIONS CANNOT BE ACCEPTED) Date Stamp f 1:p 0'j? E �U Y�Z'Lilf l Application Type (Check One): ❑ Major CUP ❑ Minor CUP hP ❑ Minor TUP ❑ Special Event FV Project Title: Assessor's Parcel No(s): 2,- 0 �5(o0 Street Address ( General Location r.s '1� t'i i S Cz -,ry� , z - P_ o r- t--Fzo N ► C N1P-1 rJ General Description of Project or Event:y ADDITIONAL PROJOOT INFORMATION Date(s) of Proposed Estimated Daily Attendance of Event (if applicable) am Hours of Operation: 1 �\'Nl -- l kl;A Number of On -Site Parking Spaces at Project Location: NO N Its Will food or alcohol be served? If yes, explain: G�pm off'-- EA]'TEj_T��) u R3Applications 2011\Conditional or Temporary Use Permit 2011.doc G 5,kCu P ° PN0-7 V_ Page114 0 From:2505g8M2 Page:1/1 0 Date: 2/27/2012 3:51:57 PM APPLICANT/REPRESENTATIVE/OWNER INFORMATION _ APPLfCANTIREPRESSMATIVEL-Jp.� _L . ,1 .'t��_ CONrTAcT Lrsr PHOME NO.� � -�J �l �� J .-_.._ ..�._ _.FAX NO. LP-S,90 $ram -• _ .. I certify that all filing requirements have been satisfied for my application. t further understand that an incomplete application cannot be accepted for processing. Applicant's Slgnatu►a-- � . - r — —� ` _ Date: l~ L PHQPEtiiYOWNER l 1�I _....,. LA 4. PNONENO. 2-""50 r' _ j�� (s -- FAX NO- �S�7 �`� �..._� �O ADORF !*-MAIL••__, s� V?aCP�.�-.'�--�'��+�? CJ'� Qvy n� r, C? 9-n �] I certify under the penalty of the laws of the State of California that I am the property owner of Ilia property that is the subject rnatfer of tl1#s application and I arty aut1wrizing to and hereby do consent to the filing of this application and acknov ledga that ihB final aPproval by the City of Temecula, If any. may result I0 restrictiolis, limitations and construction obligations being imposed on this real property. OwneriAuthorized Agent Signature;La_k�, pate: Print Hama: MA SX r-Q [ Written authorization from the legal property owner is required. An authorized agent for the owner must attach 3 notarized letter of authorization from the legal property owner. 0726 Page115 • APPLICANT/REPRESENTATIVE/OWNER INFORMATION APPLICANT/REPRESENTATIVE 1 CA N rs�-i7 CONTACT t err FMM as PHONE NO. I - 9-0 ?) - 12- 13 FAX NO. 51- lo-�(p - ADDRESS2�:0&4-6 O L D -T0- WtJ 5i9Pr1T 'E s 71ErYlEc"u4 ` , CA 9-2-no _ STREW CJTY STATE zrP E-MAIL 0,?V laVS [��'('+1�1�- . CQnm -- I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature Date: PROPERTYOWNER _ LAST FIRST PHONE NO. 25 0 - S9 S ' FAX NO. 0. 250 - 57q 8 - 6402-- ADDRESS 4 f (o2r P"r.,5pP.R D avc V 5-M IZ- 0'. 5C VS5---j-T--Z5 CA1,3,C0A --- STREET I Wry — STATE hP E-MAIL_ U30f2PPi2D-ZESS P SVAfs W - CA owner Certification ❑ l certify tinder the penalty of the laws of the State of California that I am the property owner of the property that is the subsea matter of this application and 1 am authorizing to and hereby do consent to the filing of this application and acknowledge that the final approval by the City of Temecula, if any, may result In restrictions, limitations and construction obligations being Imposed on this real property. Owner/Authorized Agent Signature: Print Name: Date: Written authorization from the legal property owner is required. An authorized agent for the owner must attach a notarized letter of authorization from the legal ,property owner. Rmpprications 201 Mondidonaf or Temporary Use PerroU 2011.doc 4 0727 Page116 Men's / Women's ` DA Restroom Bathroom Back ---------------------------------------------- Hall to Bathrooms / ADA Access Door ----------------------------------------------- 60"I Door Historic Kitchen Vault/Dining/ Office Space O lay Set-up _] Hostess Stand 07 26" Storage Storage under Stairs Main Dining Room Front Door Door Outside Page117 Al 60' Men's / Women's ` DA Restroom Bathroom Back-------------------------------------------- Door Hall to Bathrooms / ADA Access Door Historic Kitchen Vault/Dining/ Office Space Storage Storage under Stairs Music Set-up Main Dining Room m �- 7' :Performer Set-up \ 4' Front Door Hostess Stand 07 26' Door Outside Page118 0 Page 1 of 1 111FAIIII http://maps.cityof emecula.org:8080/imgimfMainMap jsp?cmd=zoom&x 1 =6287565.7784... 2/25/2012 Page119 • Statement of Operations The Bank of Mexican Food Request: Provide Background Music inside the restaurant - One keyboard of other instrument played with one vocalist. - y evenings between the hours of 0-1opm. - Music is for inside only and can not be heard outside. - There are a total of 38 employees but only 12-14 are on staff these evenings. - No security will be present or necessary. - Capacity of the inside is 73. - Food and Alcohol will be available. All areas are properly licensed for alcohol safes and consumption. - No structures will be added. - No additional restrooms will be added or necessary. - All ADA requirements are in place at this location. - Space will be provided for performance by moving 1 table. 0731 Page120 City of Temecula Planning Department Project Transmittal Please, review the following and return this transmittal form with written comments to; P.O. Box 9033 Temecula CA 92589-9033"Tel (951) 694-6400"Fax (951) 694-6477 1st Submittal 2nd Submittal 3rd Submittal 4th Submittal Due Date: 03/19/2012 Pre-DRC Meeting: _Comments Requested Conditions of Approval Requested Project Information: Project Number PA12-0041 Project Type ADP Project Name THE BANK OF MEXICAN FOOD Applicant PUMA CRAIG Project Description Minor Modification (Planning Review Only) for the addition of one person inside for background music daily from noon to 10 P.M. APN 922036011 Project Planner STUART FISK Comments New Project Re —submittal Ready for Conditions of Approval Page121 0 City of Temecula Community Development 41000 Main Street ■ Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone (951) 694-6400 ■ Fax (951) 694-6477 • www.clryottemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk@cityoftemecla.org- Sincerely, Xuartk, AICP Senior Planner Enclosures: Conditions of Approval 0733 ® P" "leO °" RecYcJGVr-ANNING120121PA12-0041 Bank of Mexican Food MOMPlanninglAPPROVAL LTR.doc Page122 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. GAPLANNING12012\PA12-0041 Bank of Mexican Food M8734,\FINAL COA-CUP.doc 1 Page123 • 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including anyfencing or gates that may be constructed in the future. 7. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Prior to an employee selling alcohol from this facility, the alcohol licensee or employerfor the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 11. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113/08). GAPLANNING12012TA12-0041 Bank of Mexican Food W a�r�g�FINAL COA-CUP.doc Page124 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler'system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fine Prevention Bureau. 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the ire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the Cit/s website atwww.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City s franchise solid waste hauler for disposal of construction and demolition debris. GAPLANNING120121PA12-0041 Bank of Mexican Food MOW39NAL COA-CUP.doc Page125 0 • POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. GAPLANNING120121PA12-0041 Bank of Mexican Food MQQ IFINAL COA-CUP.doc Page126 11 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall pen -nit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) . e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. GAPLANNING120121PA12-0041 Bank of Mexican Food MQQ IFINAL COA-CUP.doc Page127 Exhibit 2 0739 Page128 AIR COMMERCIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL/COMMERCIAL SINGLE -TENANT LEASE -- NET (DO NOT USE THIS FORM FOR MULTI -TENANT BUILDINGS) 1. Basic Provisions ("Basic Provisions") 1.1 Parties: This Lease ("Lease"). dated for reference purposes only February 18, 2018 is made by and between Zip Third Investmenrs, PLC and CNC Puma, a California corporation ("Lessor") _ ("Lessee"), (collectively the "Parties," or individually a "Party"). 1 2 Premises: That certain real property, including all improvements therein or to be provided by Lessor under the terms of this Lease, and commonly known as 26645 Old Town Front Street, Temecula, CA 92590 located in the County of Riverside . State of California and generally described as (describe briefly the nature of the property and, if applicable, the "Project", if the property is located within a Project) a two story comrnercia- building ("Premises") (See also Paragraph 2) 1.3 Term: seven (7) years and zero (0) months ("Original Term") commencing April 1, 2018 ("Commencement Date") and ending March 31, 2025 _ ("Expiration Date") (See also Paragraph 3) 1.4 Early Possession: If the Premises are available Lessee may have non-exclusive possession of the Premises commencing Lessee is a -ready in posSessior. ("Early Possession Date") (See also Paragraphs 3 2 and 3 3) 1.5 Base Rent: $10, 000 . 00 per month ("Base Rent"). payable on the first day of each month commencing Aori l 1, 2018 (See also Paragraph 4) If this box is checked, there are provisions in this Lease for the Base Rent to be adjusted. See Paragraph _51 1.6 Base Rent and Other Monies Paid Upon Execution: (a) Base Rent: $10, 000. 00 for the period 4/1/2018-4/30/2018. See Paragraph 51 (b) Security Deposit: $5 650.00 already on de csit pius an additional 19 350. 00 for a total of $20, 000. 00. See Paragraph 74 ("Security Deposit"). (See also Paragraph 5) (c) Association Fees:$ N/A fortheperiod N/A (d) Other: $ for (e) Total Due Upon Execution of this Lease: $10, 000. 0C 1-7 Agreed Use: Mexican restaurant and bar, and for no other purpose . (See also Paragraph 6) 1.8 Insuring Party: Lessor is the "Insuring Party" unless otherwise stated herein. (See also Paragraph 8) i$—Rea t Estate &rakers: {Seealsa AalagraP".-; 5) . tee; Repfesentation:• TRe-[pllpwrng-FBa4-astale-6r4xHrs-llt48�Bfok�ro^`...^kerage-relalier+ships-exisHrrihis-IHaSaGl+en(sitar.7t apP1*Gsbe-b0xes} El vepa:sentsLessoE2xWusiraly.("Lessor-s-Broke} �. _ - - - - - - efrreserwls-Lt+sseaexsiusne:y{-'3,essee's$roke�'); or- sfioth _-(b),Piaym antto 6roi[ ad delivery ai th s Lease eye Ran s Let,Sar spalFpa ^e Q. �� :for-k a Fxakerage rervise8--rendered-• n,.,,.a._ ."., r__ _rrF-the-a4 taGled-segarBlFwrtr4eai-agcaensenk-oF-iktap-sgct+-agre6sgeal-is-aitasNeg;�l+e-sum-uf _ ..fie-4Wal•Base-Rent-Payab♦e->or-St+�Br+)++al-Term,9Ie-r,;w;+.,f�ar��as •atal43ase AfIVIS R9nti�Yaf7te-Au+sr1¢any-Pf3f-tine-FhBl-lttsL�sseeecsui�+'eeaha-P#ernY3eSsubserluenHD3 er�heau:+_' pf,@y.pf{.{�p-prgghasapdFe*i7a-tnE�@�8nlftial-i3reL856sa•oharryBne-af€ifi32ed-wiill-kss5ee-ar�A�Uf-fFemea6ak� 1 10 Guarantor. The obligations of the Lessee under this Lease are to be guaranteed by Craig Puma and Christy Puma _ ("Guarantor"). (See also Paragraph 37) 1.11 Attachments. Attached hereto are the following, all of which constitute a part of this Lease: R3 an Addendum consisting of Paragraphs 51 through 74 ❑ a plot plan depicting the Premises; Exhibit "A" and the Project: Exhibit ❑ as current set of the Rules and Regulations; PAGE 1 OF 17 INITIALS 0740 INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page129 ❑ a Work Letter; ❑ other (specify): 2. Premises. 21 Letting. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the Premises, for the term, at the rental, and upon all of the terms, covenants and conditions set forth in this Lease. While the approximate square footage of the Premises may have been used in the marketing of the Premises for purposes of comparison, the Base Rent stated herein is NOT tied to square footage and is not subject to adjustment should the actual size be determined to be different Note: Lessee is advised to verify the actual size prior to executing this Lease. 22 Condition. Lessor shall deliver the Premises to Lessee txaam-cl rigdre"-debf son the Commencement Date OF ' e EaFl __.,.__.._f3a}B-wlKcr}evQr-fiast c5 („Start Date"). and. s-1- __—.-reyud s-der •�.P, -.�' p F'''� -'mooa ow RFD 6tNarrled by LessFeaHd rA evt st Y+lihin�h dy1JAYS folle ing Ih@ Stan Date w3rs7Ris tt+}tih9 @x sting 9F2s{riGe piutrlM^ ram`'^^' ^ �y.�ing sting veatil-and 4--01her ,l4Eh-elsmeetsin-the-Rreraises-etilef-Shan-those construeteA-9y-Le s5aa-sha{I-be-trrgesc€-0perattn§-Bond+iwrFtin-said�le�k8€-li+e-s4w6tusa€-BWraienf s-Gf-•the-FDoI;-�MaringwaNs-and--faundalloR-of-any buildings freeaf-mateoakdele .and lheHke Pu6aR SQsdaa+ui asrrr}a sa-Ikr2ardeu5 els rtt ar�y�ragid arm dedrned ,3s-LoxiG-udt[Feb-applisahlr-slate-rx-fedrxal.law� • I€�•nowo�ompWanr,&-wi4t+•5aidwarranFyexrsls-as�t€€ she-S4art-[3al�e:-i#--c+^ �<.�-..€-�..o,�..^'^ iyWeRas4r elemen!6shouid4aa}fkfWien-or..ia4-wdhm4 opr+ate-wafr2Flly-period:4vessgr-shaHra� as,..r�-.;a-��'igalirlR-�wlFa-+9bpeGE4o-surlymairer;�xr„ept as elkearr{ae-pray deA +n�hds L235e.-ixumptly�fiter receipt etivr a�eSiGB from Les58e 5e7i ng-Xartl� s . o `rs " riature-and-extenvof-sucA n�,,�wraplrar�-road€uactien-v+..far9ure--resliFy�-saa�a�Le+4so�s-exPerrse- ,,�^=-^.."sooty-peiwds-sttaN-be-as-€Wlows�i}•&•mrarrths-as�o�Ne-M1fP,G systerns-and-Pi}308ay&as-t�lhe-reimeisysters-.saridnl€rer elernen€s•afa;u• Q.,`�-�.•:��.r��seedaes-rw4-Sive-4es�;-'.,,e-.� r'•:K = "^��„ �.a'•.:y+e-Fhe agpropr+ate werrasHyiia�orre6l au 7F•a y such Hon wmpliaRe+ makfunGlosr er fai€ure shalFbe�he eWigatron 61 L66 se aFassOes saleresi grid expense. Lessor makes no, and expreo5ly denies any, repreaentatlons or warranties regarding the condition or suitability of the Premises, Looece agrees that it takes the Premises "A5 15", "WHERE 15", "WITH ALL FAULTS", without any representation or warranty from Lessor or Le55or'e Agent(s). Lessee assumes all responsibility for maintenance, replacement and repair of the Prernises in and to first clays condition during its occipancy of the Premises in accordance with the terms ofthis Lease 23 Compliance. To Lessors waraa�iat-I^ be—bo ^`4s-knowledge the improvements on the Premises comply with the building codes, applicable laws, covenants or restrictions of record, regulations, and ordinances ("Applicable Requirements") that were in effect at the time that each improvement, or portion thereof, was constructed. Said is re5pon5loo for the use to which Lessee will put the Premises, modifications which may be required by the Americans with Disabilities Act or any similar laws as a result of Lessee's use (see Paragraph 50), or to any Alterations or Utility Installations (as defined in Paragraph 7.3(a)) made or to be made by Lessee -NOTE: Lessee is responsible for determining whether or not the Applicable Requirements, and espes}a€€y Including, but not limited to the zoning, are appropriate for Lessee's intended use, and acknowledges that past uses of the Premises may no longer be allowed. v+acrarsly; Lfsssrx5hall.-exsepl as etaewvse prevwig9-ArtamfHls seliiag fortF+ xvth-spe6fir}fy�t#r��+Stgr��.1 ��lei i„o such.Ron�,prgt�itaiH['s: •resirty-lia e�Re-aFL�sso;±sexpersse�-lf-Lessee`di1E5-HeF-gtveLe55oFwrvtteH-notiGa-0'1°a-Hea-som91taH6aw+ih-thisavarYanlY+-w'fihin 6-mon€hs•€©VEow�+tg-1#c-5ia#->aate; l+un-rsf-•tH�'or-..OD GO If the Applicable Requirements are hereafter changed so as to require during the term of this Lease the construction of an addition to or an alteration of the Premises and/or Building, the remediation of any Hazardous Substance, or the reinforcement or other physical modification of the Unit, Premises and/or Building ("Capital Expenditure"), Lessor and Lessee shall allocate the cost of such work as follows: (a) Subject to Paragraph 2 3(c) below, if such Capital Expenditures are required as a result of the speedis- o,umque use of the Premises as a badreetaurant by Lessee as compared with uses by tenants in general, Lessee shall be fully responsible for the cost thereof, provided, however that if such Capital Expenditure is required during the last 2 years of this Lease and the cost thereof exceeds 6 months' Base Rent, Lessee may instead terminate this Lease unless Lessor notifies Lessee, in writing, within 10 days after receipt of Lessee's termination notice that Lessor has elected to pay the difference between the actual cost thereof and an amount equal to 6 months' Base Rent. If Lessee elects termination. Lessee shall immediately cease the use of the Premises which requires such Capital Expenditure and deliver to Lessor written notice specifying a termination date at least 90 days thereafter Such termination dale shall, however, in no event be earlier than the last day that Lessee could legally utilize the Premises without commencing such Capital Expenditure. (b) If such Capital Expenditure is not the result of the specific and unique use of the Premises by Lessee (such as, governmentally mandated seismic modifications), then Lessor shall pay for such Capital Expenditure and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease or any extension thereof, on the date that on which the Base Rent is due, an amount equal to 114441/601h of the portion of such costs reasonably attributable to the Premises If there is loco than 60 montho remaining on the Lease Term, then the coot for any Capital Expenditures Shall be amortized and reimbursed to Lessor, on a monthly ta5ie, over the remaining term of the Lease. Lessee shall pay Interest on the balance but may prepay its obligation at any time. If, however, such Capital Expenditure is required during the last 2 years of this Lease or if Lessor reasonably determines that it is not economically feasible to pay its share thereof, Lessor shall have the option to terminate this Lease upon 90 days prior written notice to Lessee unless Lessee notifies Lessor, in writing, within 10 days after receipt of Lessors termination notice that Lessee will pay for such Capital Expenditure If Lessor does not elect to terminate, and fails to tender its share of any such Capital Expenditure, Lessee may advance such funds and deduct same, with Interest, from Rent until Lessors share of such costs have been fully paid. If Lessee is unable to finance Lessors share, or if the balance of the Rent due and payable for the remainder of this Lease is not sufficient to fully reimburse Lessee on an offset basis, Lessee shall have the right to terminate this Lease upon 30 days written notice to Lessor. (c) Notwithstanding the above, the provisions concerning Capital Expenditures are intended to apply only to non -voluntary, unexpected, and new Applicable Requirements. If the Capital Expenditures are instead triggered by Lessee as a result of an actual or proposed change in use, change in intensity of use, or modification to the Premises then, and in that event, Lessee shall either: (i) immediately cease such changed use or intensity of use and/or take such other steps as may be necessary to eliminate the requirement for such Capital Expenditure, or (ii) complete such Capital Expenditure at its own expense. Lessee shall not, however, have any right to terminate this Lease. 24 Acknowledgements. Lessee acknowledges that: (a) it has been given an opportunity to inspect and measure the Premises, (b) it has been advised by Lessor and/or Brokers to satisfy itself with respect to the size and condition of the Premises (including but not limited to the PAGE 2 OF 17 INITIALS 0741 INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page130 electrical, HVAC and fire sprinkler systems, security, environmental aspects, and compliance with Applicable Requirements and the Americans with Disabilities Act), and their suitability for Lessee's intended use, (c) Lessee has made such investigation as it deems necessary with reference to such matters and assumes all responsibility therefor as the same relate to its occupancy of the Premises, (d) it is not relying on any representation as to the size of the Premises made by Brokers or Lessor, (e) the square footage of the Premises was not material to Lessee's decision to lease the Premises and pay the Rent stated herein, and (f) neither Lessor, Lessor's agents, nor Brokers have made any oral or written representations or warranties with respect to said matters other than as set forth in this Lease In addition, Lessor acknowledges that: (i) Brokers have made no representations, promises or warranties concerning Lessee's ability to honor the Lease or suitability to occupy the Premises, and (ii) it is Lessor's sole responsibility to investigate the financial capability and/or suitability of all proposed tenants. 2.5 Lessee as Prior Owner/Occupant. The warranties made by Lessor in Paragraph 2 shall be of no force or effect if immediately prior to the Start Date Lessee was the owner or occupant of the Premises. In such event, Lessee shall be responsible for any necessary corrective work 3. Term. 31 Term. The Commencement Date, Expiration Date and Original Term of this Lease are as specified in Paragraph 1-3 32 Early Possession. Any the44emiae"—subjesl-Fe art und;t or uyarl the Premises be1-Data-Any grant ell SaFly rrghtlo eseapy the ?reessupies the Rremr�5{3tiur t^- "� r^"^ area real-{hnte the obligai on Sa asediefll•eftalFb® abalep-ter-ifie-•p[,viod-of-sash••EaNy-Ra__---:_... 01-1��.:.s-$f-ihir L-rase-{�nclr ing-but no! PmNed-L04heXoS aad insu Irem se5l shall tau ia-eFfeet-dun^•4 + -A aY such Early Rosses5ie n kaR wat-afseasahe €xplratwn Bate. _essee has been in possession of the Premises prior to the Commencement Date. y in -Weer rGi24lywasoaetie-e#fF>Fts-EC>-tleiwer-•pose€siEfri-jai-{pe-Rrenwseso Lessee•hy-tfae•Com+nencemeni-f5a6e: �f;-defpi[e •s•ard-6Hori�-4.essec-is-unable-te-deliver-ges5e5b+Dh-hySuW+date-1.es�rx-sflalFaoi-be-subs.-to-a:� habdrly-theretoF. shall-rasp--failure••attest-tpa-vakddy-af-ifris--Lease--Lessee-shau_sip;�.p�...^.•�• ^ter^^�^� .. neaf�or--pednrr+�-+is-eti'+er ebHgatews-unlit•Leseh+r-dekver�}+o55as5Wn-aiil Frensrses�ac!-any-pkried4i•rant atratemetitihat=✓Lesseeweu7d-oftleew+se-have-enjriyed-sf:aif•+urs•frem the ef-delave"f pessessienand-6eAiaua fo;,a-Wf"ual-ks hereof, buW*Aus,%" d2y5i3fdelayraused y-the-a6f5-D�SOf•f.BBSi'L;-ape 65656iGrl-i6-nol-"iiverBd se may. al IEs-option-0y+lai;r�+.;n�wrf+ngiwttrim-l6-day5affe�lhaead-sf-f�Gq-50-ffas`6ef+�:•rancel-tfus-Le^�R...",-..,,:,r'avenl-Ehe-F+arEiessftall-be•+€frscharged-tram all-ebkgai�s-f•,ercvsr+det--u-such �itlea-nonce-is-not�ewed-by •Lessor-wi4ttkn-saiA-i 6-day-persad�s--tight-la-lancet-NraA-lefntinale.---II pessesswrF�f-fire-Pre�nMes•Is fwtt-dellvere[f-witfavt-i2D-days�aFler�t+e�:emnaersoHntent-bate;-this-♦uea6e-51�a11-fair+shwis�tefesr�ihef-agreeaiegl5-are rEa�hedbenvaea-L�ssorr-er+dkessee;an-vK;i� 34 Lessee Compliance. Lessor shall not be required to deliver possession of the Premises to Lessee until Lessee complies with its obligation to provide evidence of insurance (Paragraph 8.5). Pending delivery of such evidence, Lessee shall be required to perform all of its obligations under this Lease from and after the Start Dale, including the payment of Rent, notwithstanding Lessor's election to withhold possession pending receipt of such evidence of insurance Further, if Lessee is required to perform any other conditions prior to or concurrent with the Start Date, the Start Date shall occur but Lessor may elect to withhold possession until such conditions are satisfied 4 Rent. 4.1. Rent Defined. All monetary obligations of Lessee to Lessor under the terms of this Lease (except for the Security Deposit) are deemed to be rent ("Rent"). 42 Payment. Lessee shall cause payment of Rent to be received by Lessor in lawful money of the United States, without offset or deduction (except as specifically permitted in this Lease), on or before the day on which it is due. All monetary amounts shall be rounded to the nearest whole dollar In the event that any invoice prepared by Lessor is inaccurate such inaccuracy shall not constitute a waiver and Lessee shall be obligated to pay the amount set forth in this Lease Rent for any period during the term hereof which is for less than one full calendar month shall be prorated based upon the actual number of days of said month. Payment of Rent shall be made to Lessor at its address stated herein or to such other persons or place as Lessor may from time to time designate in writing Acceptance of a payment which is less than the amount then due shall not be a waiver of Lessor's rights to the balance of such Rent, regardless of Lessor's endorsement of any check so stating. In the event that any check, draft, or other instrument of payment given by Lessee to Lessor is dishonored for any reason, Lessee agrees to pay to Lessor the sum of $25 in addition to any Late Charge and Lessor, at its option, may require all future Rent be paid by cashier's check Payments will be applied first to accrued late charges and attorney's fees, second to accrued interest, then to Base Rent, Insurance and Real Property Taxes, and any remaining amount to any other outstanding charges or costs 43 Association Fees and Management Feee. In addition to the Base Rent, Lessee shall pay to Lessor each month an amount equal to any owner's association or condominium fees levied or assessed against the Premises a5 well a. any Management Fees, which shall be 5% of the Dare Rent. Said monies shall be paid at the same time and in the same manner as the Base Rent. 5- Security Deposit sari+prinxecutbft°herethe•5acur+tY•€+ba+Fa"+45"'-Le�6-l�„IhfW�eriamance ef-its-ebligatiens under- this Lease. In the event Lessor holds a 5ecurity Pepo5is, if If Lessee fails to pay Rent, or otherwise Defaults under this Lease, Lessor may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due Lessor, for Rents which will be due in the future, and/ or to reimburse or compensate Lessor for any liability, expense, loss or damage which Lessor may suffer or incur by reason thereof If Lessor uses or applies all or any portion of the Security Deposit, Lessee shall within 10 days after written request therefor deposit monies with Lessor sufficient to restore said Security Deposit to the full amount required by this Lease If the Base Rent increases during the term of this Lease, Lessee shall, upon written request from Lessor, deposit additional monies with Lessor so that the total amount of the Security Deposit shall at all times bear the same proportion to the increased Base Rent as the initial Security Deposit bore to the initial Base Rent- Should the Agreed Use be amended to accommodate a material change in the business of Lessee or to accommodate a sublessee or assignee, Lessor shall have the right to increase the Security Deposit to the extent necessary, in Lessor's reasonable judgment, to account for any increased wear and tear that the Premises may suffer as a result thereof. If a change in control of Lessee occurs during this Lease and following such change the financial condition of Lessee is, in Lessor's reasonable judgment, significantly reduced, Lessee shall deposit such additional monies with Lessor as shall be sufficient to cause the Security Deposit to be at a commercially reasonable level based on such change in financial condition Lessor shall not be required to keep the PAGE 3 OF 17 INITIALS 0742 INIT I.e721101 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/t0E Page131 Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease, Lessor shall return that portion of the Security Deposit not used or applied by Lessor. No part of the Security Deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Lessee under this Lease 6 Use. 6.1 Use. Lessee shall use and occupy the Premises only for the Agreed Use, or any other legal use which is reasonably comparable thereto, and for no other purpose. Lessee shall not use or permit the use of the Premises in a manner that is unlawful, creates damage, waste or a nuisance, or that disturbs occupants of or causes damage to neighboring premises or properties. Without limiting the generality of the foregoing, Lessee shall not use or permit the use of the Premlees in violation of reetrictlone of record. Other than guide, signal and seeing eye dogs, Lessee shall not keep or allow in the Premises any pets, animals, birds, fish, or reptiles Lessor shall not unreasonably withhold or delay its consent to any written request for a modification of the Agreed Use, so long as the same will not impair the structural integrity of the improvements on the Premises or the mechanical or electrical systems therein, and/or is not significantly more burdensome to the Premises. If Lessor elects to withhold consent, Lessor shall within 7 days after such request give written notification of same, which notice shall include an explanation of Lessor's objections to the change in the Agreed Use. 6,2 Hazardous Substances. (a) Reportable Uses Require Consent. The term "Hazardous Substance" as used in this Lease shall mean any product, substance, or waste whose presence, use, manufacture, disposal, transportation, or release, either by itself or in combination with other materials expected to be on the Premises, is either: (i) potentially injurious to the public health, safety or welfare, the environment or the Premises, (ii) regulated or monitored by any governmental authority (iii) any hazardous material, waste, substance or pollutants determined under applicable law or Applicable Kegdrements, or (iv) (0 a basis for potential liability of Lessor to any governmental agency or third party under any applicable statute or common law theory. Hazardous Substances shall include, but not be limited to, hydrocarbons, petroleum, gasoline, and/or crude oil or any products, by-products or fractions thereof, asbestos, lead cased paint, mold and microbial matter, PCBs, fiberglass and radioactive materials. Lessee shall not engage in any activity in or on the Premises which constitutes the generation, use, storage or disposal a Reportable Use of Hazardous Substances without the express prior written consent of Lessor, which may be witl:held in Lessors sole diecretlon, and timely compliance (at Lessee's expense) with all Applicable Requirements. Such uses shall induce (i) the installation or use of any above or below ground storage tank, (ii) the generation, possession, storage, use, transportation, or disposal of any hazardous or non -hazardous material or substance that requires a permit from, or with respect to which a report, notice, registration or business plan is required to be filed with, any governmental authority, and/or (III) the presence at the Premises of a Hazardous Substance with respect to which any Applicable Requirements requires that a notice be given to persons entering or occupying the Premises or neighboring properties Notwithstanding the foregoing, Lessee may use any ordinary and customary materials reasonably required to be used in the normal course of the Agreed Use, ordinary office supplies (copier toner, liquid paper, glue, etc.) and common household cleaning materials, so long as such use is in compliance with all Applicable Requirements, is not a Reportable Use, and does not expose the Premises or neighboring property to any meaningful risk of contamination or damage or expose Lessor to any liability therefor. In addition, Lessor may condition its consent to any Reporable Use such uee upon receiving such additional assurances as Lessor reasonably deems necessary to protect itself, the public, the Premises and/or the environment against damage, contamination, injury and/or liability, including, but not limited to, the installation (and removal on or before Lease expiration or termination) of protective modifications (such as concrete encasements) and/or increasing the Security Deposit. (b) Duty to Inform Lessor. If Lessee knows, or has reasonable cause to believe, that a Hazardous Substance has come to be located in, on, under or about the Premises, other than as previously consented to by Lessor, Lessee shall immediately give written notice of such fact to Lessor, and provide Lessor with a copy of any report, notice, claim or other documentation which it has, or which Lessor requests that Lessee prepare, concerning the presence of such Hazardous Substance. Not providing such notice mall ve deemed a material concealment. and breach of Lease. (c) Lessee Remediation. Lessee shall not cause or permit any Hazardous Substance to be spilled or released in, on, under, or about the Premises (including through the plumbing or sanitary sewer system) and upon rich event or of learning of the presence or release of Hazardous 5jbstaoce5 on the Premises, Lessee shall promptly, at Lessee's expense, comply with all Applicable Requirements and take all investigatory and/or remedial action reasonably recommended, whether or not formally ordered or required, for the cleanup of any contamination of, and for the maintenance, security and/or monitoring of the Premises or neighboring properties, that was caused or materially contributed to by Lessee, or pertaining to or involving any Hazardous Substance brought onto the Premises during the term of this Lease, by or for Lessee, or any third party, w the satlefaction of Lessor and applicable law and regulatory agenciee_ (d) Lessee Indemnification. Lessee shall indemnify, defend and hold Lessor, its agents, employees, lenders and ground lessor, if any, harmless from and against any and all loss of rents and/or damages, liabilities, judgments, claims, expenses, penalties, and attorneys' and consultants' fees arising out of or involving any Hazardous Substance released or brought onto the Premises by or for Lessee, or any third party (provided, however, that Lessee shall have no liability under this Lease with respect to underground migration of any Hazardous Substance under the Premises from adjacent properties not caused or contributed to by Lessee). Lessee's obligations shall include, but not be limited to, the effects of any contamination or injury to person, property or the environment created or suffered by Lessee, and the cost of investigation, removal, remedialion, restoration and/or abatement, and shall survive the expiration or termination of this Lease No termination, cancellation or release agreement entered into by Lessor and Lessee shall release Lessee from its obligations under this Lease with respect to Hazardous Substances, unless specifically so agreed by Lessor in writing at the time of such agreement. (e) Lessor Indemnification. Lessor and its successors and assigns shall indemnify, defend, reimburse and hold Lessee, its employees and lenders, harmless from and against any and all environmental damages, including the cost of remediation, wkish-result-frem or environmental damages which are caused by the gross negligence or willful misconduct of Lessor, its agents or employees. Lessor's obligations, as and when required by the Applicable Requirements, shall include, but not be limited to, the cost of investigation, removal, remediation, restoration and/or abatement, and shall survive the expiration or termination of this Lease (f) Investigations and Remediations. Lessee 6esseFshall retain the responsibility and pay for any investigations or remediation measures required by governmental entities having jurisdiction with respect to the existence of Hazardous Substances on the Premises prior to Lessee's occupancy , ..*is_- FR"iat un-nveasufe4&4equired-a exult of -"_e'` use (iReIu4in9-tANeratisRr-as-deWned4A-para9taph 7.3(ai belew) efshall .be.Fespen5rhte.tar •sbatltaaQpefare�u7ly-la-any-sust+-aWia�`^� .:�' efkesseF-iFistudiagallewin¢t:Bsserand-L va+ear�+anable-aCaa6s{aa natrleiirgasmip o ©u1-Le515006 PAGE 4 OF 17 INITIALS VITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page132 If W2bfl�all V�BAf�f@Ri9d1�-FB6p6n68iilICICY (g) Lessor Termination Option. If a Hazardous Substance Condition (see Paragraph 9 1(e)) occurs during the term of this Lease, unless Lessee is legally responsible therefor (in which case Lessee shall make the investigation and remediation thereof required by the Applicable Requirements and this Lease shall continue in full force and effect, but subject to Lessor's rights under Paragraph 6.2(d) and Paragraph 13). Lessor may, at Lessor's option, either (i) investigate and remediate such Hazardous Substance Condition, if required, as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) if the estimated cost to remediate such condition exceeds 12 times the then monthly Base Rent or $100,000. whichever is greater, give written notice to Lessee, within 30 days after receipt by Lessor of knowledge of the occurrence of such Hazardous Substance Condition, of Lessors desire to terminate this Lease as of the date 60 days following the date of such notice In the event Lessor elects to give a termination notice, Lessee may, within 10 days thereafter, give written notice to Lessor of Lessee's commitment to pay the amount by which the cost of the remediation of such Hazardous Substance Condition exceeds an amount equal to 12 times the then monthly Base Rent or $100,000, whichever is greater Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days following such commitment. In such event, this Lease shall continue in full force and effect, and Lessor shall proceed to make such remediation as soon as reasonably possible after the required funds are available. If Lessee does not give such notice and provide the required funds or assurance thereof within the time provided, this Lease shall terminate as of the date specified in Lessors notice of termination 6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease. Lessee shall, at Lessee's sole expense, fully, diligently and in a timely manner, materially comply with all Applicable Requirements, the requirements of any applicable fire insurance underwriter or rating bureau, and the recommendations of Lessor's engineers and/or consultants which relate in any manner to the such Requirements, without regard to whether such Requirements are now in effect or become effective after the Start Date. Lessee shall, within 10 days after receipt of Lessor"s written request, provide Lessor with copies of all permits and other documents, and other information evidencing Lessee's compliance with any Applicable Requirements specified by Lessor, and shall immediately upon receipt, notify Lessor in writing (with copies of any documents involved) of any threatened or actual claim, notice, citation, warning, complaint or report pertaining to or involving the failure of Lessee or the Premises to comply with any Applicable Requirements Likewise, Lessee shall immediately give written notice to Lessor of: (i) any water damage to the Premises and any suspected seepage, pooling, dampness or other condition conducive to the production of mold; or (ii) any mustiness or other odors that might indicate the presence of mold in the Premises. 64 Inspection; Compliance. Lessor and Lessor"s "Lender" (as defined in Paragraph 30) and consultants shall have the right to enter into Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable notice, for the purpose of inspecting the condition of the Premises and for verifying compliance by Lessee with this Lease The cost of any such inspections shall be paid by Lessor, unless a violation of Applicable Requirements, or a Hazardous Substance Condition (see paragraph 9.1) is found to exist or be imminent, or the inspection is requested or ordered by a governmental authority In such case, Lessee shall upon request reimburse Lessor for the cost of such inspection, so long as such inspection is reasonably related to the violation or contamination In addition, Lessee shall provide copies of all relevant material safety data sheets (MSDS) to Lessor within 10 days of the receipt of a written request therefor 7 Maintenance; Repairs, Utility Installations; Trade Fixtures and Alterations. 71 Lessee's Obligations. (a) In General. Subject to the provisions of Paragraph 2 2 (Condition), 2.3 (Compliance), 6.3 (Lessee's Compliance with Applicable Requirements), 7 2 (Lessor's Obligations), 9 (Damage or Destruction), and 14 (Condemnation), Lessee shall, at Lessee's sole expense, keep the Premises: Utility Installations (intended for Lessee's exclusive use, no matter where located), and Alterations in good order, condition and repair (whether or not the portion of the Premises requiring repairs, or the means of repairing the same, are reasonably or readily accessible to Lessee, and whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises), including, but not limited to, all equipment or facilities, such as plumbing, HVAC equipment, electrical, lighting facilities, boilers, pressure vessels, fire protection system, fixtures, walls (interior and exterior), foundations, ceilings, roofs, roof drainage systems, floors, windows, doors, plate glass, skylights, landscaping, driveways, parking lots, fences, retaining walls, signs, sidewalks and parkways located in, on, or adjacent to the Premises. Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices, specifically including the procurement and maintenance of the service contracts required by Paragraph 7.1(b) below Lessee's obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair Lessee shall, during the term of this Lease, keep the exterior appearance of the Building in a first-class condition (including, e.g. graffiti removal) consistent with the exterior appearance of other similar facilities of comparable age and size in the vicinity, including, when necessary, the exterior repainting of the Building (b) Service Contracts. Lessee shall, at Lessee's sole expense, procure and maintain contracts, with copies to Lessor, in customary form and substance for, and with contractors specializing and experienced in the maintenance of the following equipment and improvements, if any, if and when installed on the Premises: (i) HVAC equipment, (ii) boiler, and pressure vessels, (III) fire extinguishing systems, including fire alarm and/or smoke detection, (iv) landscaping and irrigation systems, (v) roof covering and drains, and (vi) clarifiers. However, Lessor reserves the right, upon notice to Lessee, to procure and maintain any or all of such service contracts, and Lessee shall reimburse Lessor, upon demand, for the cost thereof. (c) Failure to Perform. If Lessee fails to perform Lessee's obligations under this Paragraph 7.1, Lessor may enter upon the Premises after 10 days' prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf, and put the Premises in good order, condition and repair, and Lessee shall promptly pay to Lessor a sum equal to 115 % of the cost thereof, (d) Replacement. Subject to Lessee's indemnification of Lessor as set forth in Paragraph 8.7 below, and without relieving Lessee of liability resulting from Lessee's failure to exercise and perform good maintenance practices, if an item described in Paragraph 71(b) cannot be repaired other than at a cast which is in excess of 50% of the cost of replacing such item, then such item shall be replaced by Lessor, and the cost thereof shall be prorated between the Parties and Lessee shall only be obligated to pay, each month during the remainder of the term of this Lease, on the date on which Base Rent is due, an amount equal to the product of multiplying the cost of such replacement by a fraction, the numerator of which is one, and the denominator of which is 444 (50 Ila W 441h 116Osh of the cost per month). Lessee shall pay Interest on the unamortized balance but may prepay its obligation at any time 72 Lessor's Obligations. Subject to the provisions of Paragraphs 2.2 (Condition), 2.3 (Compliance), 9 (Damage or Destruction) and PAGE 5 OF 17 INITIALS 0744 INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page133 14 (Condemnation), it is intended by the Parties hereto that Lessor have no obligation, in any manner whatsoever, to repair and maintain the Premises, or the equipment therein, all of which obligations are intended to be that of the Lessee It is the intention of the Parties that the terms of this Lease govern the respective obligations of the Parties as to maintenance and repair of the Premises, and they expressly waive the benefit of any statute now or hereafter in effect to the extent it is inconsistent with the terms of this Lease 73 Utility Installations; Trade Fixtures; Alterations. (a) Definitions. The term "Utility Installations" refers to all floor and window coverings, air and/or vacuum lines, power panels, electrical distribution, security and fire protection systems, communication cabling, lighting fixtures, HVAC equipment, plumbing, and fencing in or on the Premises The term "Trade Fixtures" shall mean Lessee's machinery and equipment that can be removed without doing material damage to the Premises The term "Alterations" shall mean any modification of the improvements, other than Utility Installations or Trade Fixtures, whether by addition or deletion. "Lessee Owned Alterations and/or Utility Installations" are defined as Alterations and/or Utility Installations made by Lessee that are not yet owned by Lessor pursuant to Paragraph 7.4(a). (b) Consent. Lessee shall not make any Alterations or Utility Installations to the Premises without Lessors prior written consent. Lessee may, however, make non-structural Alterations or Utility Installations to the interior of the Premises (excluding the roof) without such consent but upon notice to Lessor, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems, and the cumulative cost thereof during this Lease as extended does not exceed a sum equal to 3 month's Base Rent in the aggregate or a sum equal to one month's Base Rent in any one year Notwithstanding the foregoing. Lessee shall not make or permit any roof penetrations and/or install anything on the roof without the prior written approval of Lessor. Lessor may, as a precondition to granting such approval, require Lessee to utilize a contractor chosen and/or approved by Lessor. Any Alterations or Utillty Installations that Lessee shall desire to make and which require the consent of the Lessor shall be presented to Lessor in written form with detailed plans. Consent shall be deemed conditioned upon Lessee's: (i) acquiring all applicable governmental permits, (ii) furnishing Lessor with copies of both the permits and the plans and specifications prior to commencement of the work, and (iii) compliance with all conditions of said permits and other Applicable Requirements in a prompt and expeditious manner. Any Alterations or Utility Installations shall be performed in a workmanlike manner with good and sufficient materials Lessee shall promptly upon completion furnish Lessor with as -built plans and specifications. For work which costs an amount in excess of one month's Base Rent, Lessor may condition its consent upon Lessee providing a lien and completion bond in an amount equal to 150% of the estimated cost of such Alteration or Utility Installation and/or upon Lessee's posting an additional Security Deposit with Lessor (c) Liens; Bonds. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein Lessee shall give Lessor not less than 10 days notice prior to the commencement of any work in, on or about the Premises, and Lessor shall have the right to post notices of non -responsibility If Lessee shall contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend and protect itself, Lessor and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof If Lessor shall require, Lessee shall furnish a surety bond in an amount equal to 150% of the amount of such contested lien, claim or demand, indemnifying Lessor against liability for the same If Lessor elects to participate in any such action, Lessee shall pay Lessor's attorneys' fees and costs 7.4 Ownership; Removal; Surrender; and Restoration. (a) Ownership. Subject to Lessor's right to require removal or elect ownership as hereinafter provided, all Alterations and Utility Installations made by Lessee shall be the property of Lessee, but considered a part of the Premises. Lessor may, at any time, elect in writing to be the owner of all or any specified part of the Lessee Owned Alterations and Utility Installations Unless otherwise instructed per paragraph 7 4(b) hereof, all Lessee Owned Alterations and Utility Installations shall, at the expiration or termination of this Lease, become the property of Lessor and be surrendered by Lessee with the Premises. (b) Removal. By delivery to Lessee of written notice from Lessor not earlier than 90 and not later than 30 days prior to the end of the term of this Lease, Lessor may require that any or all Lessee Owned Alterations or Utility Installations be removed by the expiration or termination of this Lease Lessor may require the removal at any time of all or any part of any Lessee Owned Alterations or Utility Installations made without the required consent. (c) Surrender; Restoration. Lessee shall surrender the Premises by the Expiration Date or any earlier termination date, with all of the improvements, parts and surfaces thereof broom clean and free of debris, and in good operating order, condition and state of repair, ordinary wear and tear excepted "Ordinary wear and tear" shall not include any damage or deterioration that would have been prevented by good maintenance practice Notwithstanding the foregoing, if this Lease is for 12 months or less, then Lessee shall surrender the Premises in the same condition as delivered to Lessee on the Start Date with NO allowance for ordinary wear and tear. Lessee shall repair any damage occasioned by the installation, maintenance or removal of Trade Fixtures, Lessee owned Alterations and/or Utility Installations, furnishings, and equipment as well as the removal of any storage tank installed by or for Lessee. Lessee shall completely remove from the Premises any and all Hazardous Substances brought onto the Premises by or for Lessee, or any third party (except Hazardous Substances which were deposited via underground migration from areas outside of the Premises) even if such removal would require Lessee to perform or pay for work that exceeds statutory requirements Trade Fixtures shall remain the property of Lessee and shall be removed by Lessee. Any personal property of Lessee not removed on or before the Expiration Date or any earlier termination date shall be deemed to have been abandoned by Lessee and may be disposed of or retained by Lessor as Lessor may desire. The failure by Lessee to timely vacate the Premises pursuant to this Paragraph 7.4(c) without the express written consent of Lessor shall constitute a holdover under the provisions of Paragraph 26 below 8 Insurance; Indemnity. 81 Payment For Insurance. Lessee shall pay for all insurance required under Paragraph 8 except to the extent of the cost attributable to liability insurance carried by Lessor under Paragraph 8.2(b) in excess of $2.000.000 per occurrence Premiums for policy periods commencing prior to or extending beyond the Lease term shall be prorated to correspond to the Lease term. Payment shall be made by Lessee to Lessor within 10 days following receipt of an invoice 8.2 Liability Insurance. (a) Carried by Lessee. Lessee shall obtain and keep in force a Commercial General Liability policy of insurance protecting Lessee and Lessor as an additional insured against claims for bodily injury, personal injury and property damage based upon or arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be on an occurrence basis providing single � -:f;- PAGE 6 OF 17 INITIALS 0745 ITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page134 limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Lessee shall add Lessor as an additional insured by means of an endorsement at least as broad as the Insurance Service Organization's "Additional Insured -Managers or Lessors of Premises" Endorsement The policy shall not contain any intra-insured exclusions as between insured persons or organizations, but shall include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. The limits of said insurance shall not, however, limit the liability of Lessee nor relieve Lessee of any obligation hereunder. Lessee shall provide an endorsement on its liability policy(ies) which provides that its insurance shall be primary to and not contributory with any similar insurance carried by Lessor, whose insurance shall be considered excess insurance only. (b) Carried by Lessor. Lessor shall maintain liability insurance as described in Paragraph 8.2(a), in addition to, and not in lieu of, the insurance required to be maintained by Lessee Lessee shall not be named as an additional insured therein. 83 Property Insurance - Building, Improvements and Rental Value. (a) Building and Improvements. The Insuring Party shall obtain and keep in force a policy or policies in the name of Lessor, with loss payable to Lessor, any ground -lessor, and to any Lender insuring loss or damage to the Premises The amount of such insurance shall be equal to the full insurable replacement cost of the Premises, as the same shall exist from time to time, or the amount required by any Lender, but in no event more than the commercially reasonable and available insurable value thereof. Lessee Owned Alterations and Utility Installations, Trade Fixtures, and Lessee's personal property shall be insured by Lessee not by Lessor. If the coverage is available and commercially appropriate, such policy or policies shall insure against all risks of direct physical loss or damage (ax-epiw-Me perls-or' :aedandFef-earthquake urNess required by a�Eadep), including coverage for debris removal and the enforcement of any Applicable Requirements requiring the upgrading, demolition, reconstruction or replacement of any portion of the Premises as the result of a covered loss Said policy or policies shall also contain an agreed valuation provision in lieu of any coinsurance clause, waiver of subrogation, and inflation guard protection causing an increase in the annual property insurance coverage amount by a factor of not less than the adjusted U.S. Department of Labor Consumer Price Index for All Urban Consumers for the city nearest to where the Premises are located. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $5,000 per occurrence, and Lessee shall be liable for such deductible amount in the event of an Insured Loss (b) Rental Value. The Insuring Party shall obtain and keep in force a policy or policies in the name of Lessor with loss payable to Lessor and any Lender, insuring the loss of the full Rent for one year with an extended period of indemnity for an additional 180 days ("Rental Value insurance"). Said insurance shall contain an agreed valuation provision in lieu of any coinsurance clause, and the amount of coverage shall be adjusted annually to reflect the projected Rent otherwise payable by Lessee, for the next 12 month period. Lessee shall be liable for any deductible amount in the event of such loss. (c) Adjacent Premises. If the Premises are part of a larger building, or of a group of buildings owned by Lessor which are adjacent to the Premises, the Lessee shall pay for any increase in the premiums for the property insurance of such building or buildings if said increase is caused by Lessee's acts, omissions, use or occupancy of the Premises. 84 Lessee's Property; Business Interruption Insurance; Worker's Compensation Insurance. (a) Property Damage. Lessee shall obtain and maintain insurance coverage on all of Lessee's personal property, Trade Fixtures, and Lessee Owned Alterations and Utility Installations. Such insurance shall be full replacement cost coverage with a deductible of not to exceed $1,000 per occurrence The proceeds from any such insurance shall"be used by Lessee for the replacement of personal property, Trade Fixtures and Lessee Owned Alterations and Utility Installations. Lessee shall provide Lessor with written evidence that such insurance is in force. (b) Business Interruption. Lessee shall obtain and maintain loss of income and extra expense insurance in amounts as will reimburse Lessee for direct or indirect loss of earnings attributable to all perils commonly insured against by prudent lessees in the business of Lessee or attributable to prevention of access to the Premises as a result of such perils. (c) Worker's Compensation Insurance. Lessee shall obtain and maintain Worker's Compensation Insurance in such amount as may be required by Applicable Requirements. (d) No Representation of Adequate Coverage. Lessor makes no representation that the limits or forms of coverage of insurance specified herein are adequate to cover Lessee's property, business operations or obligations under this Lease. 8.5 Insurance Policies. Insurance required herein shall be by companies maintaining during the policy term a "General Policyholders Rating" of at least X. VII, as set forth in the most current issue of "Best's Insurance Guide", or such other rating as may be required by a Lender. Lessee shall not do or permit to be done anything which invalidates the required insurance policies Lessee shall, prior to the Start Date, deliver to Lessor certified copies of policies of such insurance or certificates with copies of the required endorsements evidencing the existence and amounts of the required insurance. No such policy shall be cancelable or subject to modification except after 30 days prior written notice to Lessor. Lessee shall, at least 10 days prior to the expiration of such policies, furnish Lessor with evidence of renewals or "insurance binders" evidencing renewal thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee to Lessor upon demand Such policies shall be for a term of at least one year, or the length of the remaining term of this Lease, whichever is less. If either Party shall fail to procure and maintain the insurance required to be carried by it, the other Party may, but shall not be required to, procure and maintain the same. 86 Waiver of Subrogation. Without affecting any other rights or remedies, Lessee and Lessor each hereby release and relieve the other, and waive their entire right to recover damages against the other, for loss of or damage to its property arising out of or incident to the perils required to be insured against and actually insured herein The effect of such releases and waivers is not limited by the amount of insurance carried or required, or by any deductibles applicable hereto. The Parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against Lessor or Lessee, as the case may be, so long as the insurance is not invalidated thereby. 8.7 Indemnity. Except for Lessors gross negligence or willful misconduct, Lessee shall indemnify, protect, defend and hold harmless the Premises, Lessor and its agents, Lessors master or ground lessor, partners and Lenders, from and against any and all claims, loss of rents and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expenses and/or liabilities arising out of, involving, or in connection with, the use and/or occupancy of the Premises by Lessee, If any action or proceeding is brought against Lessor by reason of any of the foregoing matters, Lessee shall upon notice defend the same at Lessee's expense by counsel reasonably satisfactory to Lessor and Lessor shall cooperate with Lessee In such defense. Lessor need not have first paid any such claim in order to be defended or indemnified. 88 Exemption of Lessor and its Agents from Liability. Notwithstanding the negligence or breach of this Lease by Lessor or its agents, neither Lessor nor its agents shall be liable under any circumstances for: (i) injury or damage to the person or goods, wares, merchandise or other property of Lessee, Lessee's employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or l� PAGE 7 OF 17 INITIALS 0746 INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page135 injury is caused by or results from fire, steam, electricity, gas, water or rain, indoor air quality, the presence of mold or from the breakage, leakage, obstruction or other defects of pipes, fire sprinklers, wires, appliances, plumbing, HVAC or lighting fixtures, or from any other cause, whether the said injury or damage results from conditions arising upon the Premises or upon other portions of the building of which the Premises are a part, or from other sources or places, (ii) any damages arising from any act or neglect of any other tenant of Lessor or from the failure of Lessor or its agents to enforce the provisions of any other lease in the Project, or (iii) injury to Lessee's business or for any loss of income or profit therefrom. Instead, it is intended that Lessee's sole recourse in the event of such damages or injury be to file a claim on the insurance policy(ies) that Lessee is required to maintain pursuant to the provisions of paragraph 8 89 Failure to Provide Insurance. Lessee acknowledges that any failure on its part to obtain or maintain the insurance required herein will expose Lessor to risks and potentially cause Lessor to incur costs not contemplated by this Lease, the extent of which will be extremely difficult to ascertain. Accordingly, for any month or portion thereof that Lessee does not maintain the required insurance and/or does not provide Lessor with the required binders or certificates evidencing the existence of the required insurance, the Base Rent shall be automatically increased, without any requirement for notice to Lessee, by an amount equal to 10 % of the then existing Base Rent or $100, whichever is greater. The parties agree that such increase in Base Rent represents fair and reasonable compensation for the additional risk/costs that Lessor will incur by reason of Lessee's failure to maintain the required insurance. Such increase in Base Rent shall in no event constitute a waiver of Lessee's Default or Breach with respect to the failure to maintain such insurance, prevent the exercise of any of the other rights and remedies granted hereunder, nor relieve Lessee of its obligation to maintain the insurance specified in this Lease. 9. Damage or Destruction. 9.1 Definitions. (a) "Premises Partial Damage" shall mean damage or destruction to the improvements on the Premises, other than Lessee Owned Alterations and Utility Installations, which can reasonably be repaired in 6 months or less from the date of the damage or destruction Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. Notwithstanding the foregoing, Premises Partial Damage shall not include damage to windows, doors, and/or other similar items which Lessee has the responsibility to repair or replace pursuant to the provisions of Paragraph 7 1 (b) "Premises Total Destruction" shall mean damage or destruction to the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which cannot reasonably be repaired in 6 months or less from the date of the damage or destruction Lessor shall notify Lessee in writing within 30 days from the date of the damage or destruction as to whether or not the damage is Partial or Total. (c) "Insured Loss" shall mean damage or destruction to improvements on the Premises, other than Lessee Owned Alterations and Utility Installations and Trade Fixtures, which was caused by an event required to be covered by the insurance described in Paragraph 8.3(a), irrespective of any deductible amounts or coverage limits involved. (d) "Replacement Cost" shall mean the cost to repair or rebuild the improvements owned by Lessor at the time of the occurrence to their condition existing immediately prior thereto, including demolition, debris removal and upgrading required by the operation of Applicable Requirements, and without deduction for depreciation (e) "Hazardous Substance Condition" shall mean the occurrence or discovery of a condition involving the presence of, or a contamination by, a Hazardous Substance , in, on, or under the Premises which requires remediation 9.2 Partial Damage - Insured Loss. If a Premises Partial Damage that is an Insured Loss occurs, then Lessor shall, at Lessor's expense, repair such damage (but not Lessee's Trade Fixtures or Lessee Owned Alterations and Utility Installations) as soon as reasonably possible and this Lease shall continue in full force and effect. provided, however, that Lessee shall, at Lessor's election, make the repair of any damage or destruction the total cost to repair of which is $10,000 or less, and, in such event, Lessor shall make any applicable insurance proceeds available to Lessee on a reasonable basis for that purpose Notwithstanding the foregoing, if the required insurance was not in force or the insurance proceeds are not sufficient to effect such repair, the Insuring Party shall promptly contribute the shortage in proceeds (except as to the deductible which is Lessee's responsibility) as and when required to complete said repairs. In the event, however, such shortage was due to the fact that, by reason of the unique nature of the improvements, full replacement cost insurance coverage was not commercially reasonable and available. Lessor shall have no obligation to pay for the shortage in insurance proceeds or to fully restore the unique aspects of the Premises unless Lessee provides Lessor with the funds to cover same, or adequate assurance thereof, within 10 days following receipt of written notice of such shortage and request therefor. If Lessor receives said funds or adequate assurance thereof within said 10 day period, the party responsible for making the repairs shall complete them as soon as reasonably possible and this Lease shall remain in full force and effect If such funds or assurance are not received, Lessor may nevertheless elect by written notice to Lessee within 10 days thereafter to: (i) make such restoration and repair as is commercially reasonable with Lessor paying any shortage in proceeds, in which case this Lease shall remain in full force and effect, or (ii) have this Lease terminate 30 days thereafter. Lessee shall not be entitled to reimbursement of any funds contributed by Lessee to repair any such damage or destruction. Premises Partial Damage due to flood or earthquake shall be subject to Paragraph 9.3. notwithstanding that there may be some insurance coverage, but the net proceeds of any such insurance shall be made available for the repairs if made by either Party. 9.3 Partial Damage - Uninsured Loss. If a Premises Partial Damage that is not an Insured Loss occurs, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may either: (i) repair such damage as soon as reasonably possible at Lessors expense, in which event this Lease shall continue in full force and effect, or (ii) terminate this Lease by giving written notice to Lessee within 30 days after receipt by Lessor of knowledge of the occurrence of such damage. Such termination shall be effective 60 days following the date of such notice In the event Lessor elects to terminate this Lease, Lessee shall have the right within 10 days after receipt of the termination notice to give written notice to Lessor of Lessee's commitment to pay for the repair of such damage without reimbursement from Lessor. Lessee shall provide Lessor with said funds or satisfactory assurance thereof within 30 days after making such commitment. In such event this Lease shall continue in full force and effect, and Lessor shall proceed to make such repairs as soon as reasonably possible after the required funds are available If Lessee does not make the required commitment, this Lease shall terminate as of the date specified in the termination notice. 9.4 Total Destruction. Notwithstanding any other provision hereof, if a Premises Total Destruction occurs, this Lease shall terminate 60 days following such Destruction. If the damage or destruction was caused by the gross negligence or willful misconduct of Lessee. Lessor shall have the right to recover Lessors damages from Lessee, except as provided in Paragraph 6 6. 9.5 Damage Near End of Tenn. If at any time during the last 6 months of this Lease there is damage for which the cost to repair exceeds one month's Base Rent, whether or not an Insured Loss, Lessor may terminate this Lease effective 60 days following the date of occurrence of %�'• PAGE 8 OF 17 INITIALS 0747 I ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page136 such damage by giving a written termination notice to Lessee within 30 days after the date of occurrence of such damage. Notwithstanding the foregoing, if Lessee at that time has an exercisable option to extend this Lease or to purchase the Premises, then Lessee may preserve this Lease by, (a) exercising such option and (b) providing Lessor with any shortage in insurance proceeds (or adequate assurance thereof) needed to make the repairs on or before the earlier of (i) the date which is 10 days after Lessee's receipt of Lessor's written notice purporting to terminate this Lease, or (ii) the day prior to the date upon which such option expires. If Lessee duly exercises such option during such period and provides Lessor with funds (or adequate assurance thereof) to cover any shortage in insurance proceeds, Lessor shall, at Lessor's commercially reasonable expense, repair such damage as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such option and provide such funds or assurance during such period, then this Lease shall terminate on the date specified in the termination notice and Lessee's option shall be extinguished 96 Abatement of Rent; Lessee's Remedies. (a) Abatement In the event of Premises Partial Damage or Premises Total Destruction or a Hazardous Substance Condition for which Lessee is not responsible under this Lease, the Rent payable by Lessee for the period required for the repair, remediation or restoration of such damage shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired, but not to exceed the proceeds received from the Rental Value insurance. All other obligations of Lessee hereunder shall be performed by Lessee, and Lessor shall have no liability for any such damage, destruction, remediation, repair or restoration except as provided herein (b) Remedies. If Lessor is obligated to repair or restore the Premises and does not commence, in a substantial and meaningful way, such repair or restoration within 90 days after such obligation shall accrue. Lessee may, at any time prior to the commencement of such repair or restoration, give written notice to Lessor and to any Lenders of which Lessee has actual notice, of Lessee's election to terminate this Lease on a date not less than 60 days following the giving of such notice. If Lessee gives such notice and such repair or restoration is not commenced within 30 days thereafter, this Lease shall terminate as of the date specified in said notice. If the repair or restoration is commenced within such 30 days, this Lease shall continue in full force and effect. "Commence" shall mean either the unconditional authorization of the preparation of the required plans, or the beginning of the actual work on the Premises, whichever first occurs 9.7 Termination; Advance Payments. Upon termination of this Lease pursuant to Paragraph 6.2(g) or Paragraph 9, an equitable adjustment shall be made concerning advance Base Rent and any other advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's Security Deposit as has not been, or is not then required to be, used by Lessor 10 Real Property Taxes. 10.1 Definition. As used herein, the term "Real Property Taxes" shall include any form of assessment; real estate, general, special, ordinary or extraordinary, or rental levy or tax (other than inheritance, personal income or estate taxes); improvement bond; and/or license fee imposed upon or levied against any legal or equitable interest of Lessor in the Premises or the Project, Lessor's right to other income therefrom, and/or Lessor's business of leasing, by any authority having the direct or indirect power to tax and where the funds are generated with reference to the Building address and where the proceeds so generated are to be applied by the city, county or other local taxing authority of a jurisdiction within which the Premises are located. Real Property Taxes shall also include any tax, fee, levy, assessment or charge, or any increase therein: (i) imposed by reason of events occurring during the term of this Lease, including but not limited to, a change in the ownership of the Premises, and (ii) levied or assessed on machinery or equipment provided by Lessor to Lessee pursuant to this Lease 10.2 Payment of Taxes. In addition to Base Rent, Lessee shall pay to Lessor an amount equal to the Real Property Tax installment due at least 20 days prior to the applicable delinquency date. If any such installment shall cover any period of time prior to or after the expiration or termination of this Lease, Lessee's share of such installment shall be prorated. In the event Lessee incurs a late charge on any Rent payment, Lessor may estimate the current Real Property Taxes, and require that such taxes be paid in advance to Lessor by Lessee monthly in advance with the payment of the Base Rent. Such monthly payments shall be an amount equal to the amount of the estimated installment of taxes divided by the number of months remaining before the month in which said installment becomes delinquent When the actual amount of the applicable tax bill is known, the amount of such equal monthly advance payments shall be adjusted as required to provide the funds needed to pay the applicable taxes. If the amount collected by Lessor is insufficient to pay such Real Property Taxes when due, Lessee shall pay Lessor, upon demand, such additional sum as is necessary Advance payments may be intermingled with other moneys of Lessor and shall not bear interest In the event of a Breach by Lessee in the performance of its obligations under this Lease, then any such advance payments may be treated by Lessor as an additional Security Deposit 10.3 Joint Assessment If the Premises are not separately assessed, Lessee's liability shall be an equitable proportion of the Real Property Taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be conclusively determined by Lessor from the respective valuations assigned in the assessor's work sheets or such other information as may be reasonably available 10.4 Personal Property Taxes. Lessee shall pay, prior to delinquency, all taxes assessed against and levied upon Lessee Owned Alterations, Utility Installations, Trade Fixtures, furnishings, equipment and all personal property of Lessee. When possible, Lessee shall cause its Lessee Owned Alterations and Utility Installations, Trade Fixtures, furnishings, equipment and all other personal property to be assessed and billed separately from the real property of Lessor If any of Lessee's said property shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxes attributable to Lessee's property within 10 days after receipt of a written statement setting forth the taxes applicable to Lessee's property 11 Utilities and Services. Lessee shall pay for all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises, together with any taxes thereon If any such services are not separately metered or billed to Lessee, Lessee shall pay a reasonable proportion, to be determined by Lessor, of all charges jointly metered or billed There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions. 12. Assignment and Subletting. 12A Lessor's Consent Required. (a) Lessee shall not voluntarily or by operation of law assign, transfer, mortgage or encumber (collectively, "assign or assignment") or sublet all or any part of Lessee's interest in this Lease or in the Premises without Lessor's prior written consent. (b) Unless Lessee is a corporation and its stock is publicly traded on a national stock exchange, a change in the control of Lessee shall constitute an assignment requiring consent. The transfer, on a cumulative basis, of 25% or more of the voting control of Lessee shall constitute a change in control for this purpose. (c) The involvement of Lessee or its assets in any transaction, or series of transactions (by way of merger, sale, acquisition, - PAGE 9 OF 17 INITIALS 0748 WE _AIS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page137 financing, transfer, leveraged buy-out or otherwise), whether Or not a formal assignment or hypothecation of this Lease or Lessee's assets occurs, which results or will result in a reduction of the Net Worth of Lessee by an amount greater than 26% of such Net Worth as it was represented at the time of the execution of this Lease or at the time of the most recent assignment to which Lessor has consented, or as it exists immediately prior to said transaction or transactions constituting such reduction, whichever was or is greater, shall be considered an assignment of this Lease to which Lessor may withhold its consent "Met Worth of Lessee" shall mean the net worth of Lessee (excluding any guarantors) established under generally accepted accounting principles (d) An assignment or subletting without consent shall, at Lessor's option, be a Default curable after notice per Paragraph 13.1(c), or a noncurable Breach without the necessity of any notice and grace period. If Lessor elects to treat such unapproved assignment or subletting as a noncurable Breach, Lessor may either: (i) terminate this Lease, or (ii) upon 30 days written notice, increase the monthly Base Rent to 110% of the Base Rent then in effect. Further, in the event of such Breach and rental adjustment, (i) the purchase price of any option to purchase the Premises held by Lessee shall be subject to similar adjustment to 110% of the price previously in effect, and (ii) all fixed and non -fixed rental adjustments scheduled during the remainder of the Lease term shall be increased to 110% of the scheduled adjusted rent. (e) Lessee's remedy for any breach of Paragraph 12 1 by Lessor shall be limited to compensatory damages and/or injunctive relief. f) Lessor may reasonably withhold consent to a proposed assignment or subletting if Lessee is in Default at the time consent is requested, (g) Notwithstanding the foregoing, allowing a de minimis portion of the Premises, ie. 20 square feet or less, to be used by a third party vendor in connection with the installation of a vending machine or payphone shall not constitute a subletting. 122 Terms and Conditions Applicable to Assignment and Subletting. (a) Regardless of Lessor's consent, no assignment or subletting shall: (i) be effective without the express written assumption by such assignee or sublessee of the obligations of Lessee under this Lease, (ii) release Lessee of any obligations hereunder, or (iii) alter the primary liability of Lessee for the payment of Rent or for the performance of any other obligations to be performed by Lessee (b) Lessor may accept Rent or performance of Lessee's obligations from any person other than Lessee pending approval or disapproval of an assignment. Neither a delay in the approval or disapproval of such assignment nor the acceptance of Rent or performance shall constitute a waiver or estoppel of Lessor's right to exercise its remedies for Lessee's Default or Breach (c) Lessors consent to any assignment or subletting shall not constitute a consent to any subsequent assignment or subletting (d) In the event of any Default or Breach by Lessee. Lessor may proceed directly against Lessee, any Guarantors or anyone else responsible for the performance of Lessee's obligations under this Lease, including any assignee or sublessee, without first exhausting Lessor's remedies against any other person or entity responsible therefor to Lessor, or any security held by Lessor. (e) Each request for consent to an assignment or subletting shall be in writing, accompanied by information relevant to Lessor's determination as to the financial and operational responsibility and appropriateness of the proposed assignee or sublessee, including but not limited to the intended use and/or required modification of the Premises, if any, together with a fee of $500 as consideration for Lessors considering and processing said request Lessee agrees to provide Lessor with such other or additional information and/or documentation as may be reasonably requested. (See also Paragraph 36) (f) Any assignee of, or sublessee under, this Lease shall, by reason of accepting such assignment, entering into such sublease, or entering into possession of the Premises or any portion thereof, be deemed to have assumed and agreed to conform and comply with each and every term, covenant, condition and obligation herein to be observed or performed by Lessee during the term of said assignment or sublease, other than such obligations as are contrary to or inconsistent with provisions of an assignment or sublease to which Lessor has specifically consented to in writing. (g) Lessor's consent to any assignment or subletting shall not transfer to the assignee or sublessee any Option granted to the original Lessee by this Lease unless such transfer is specifically consented to by Lessor in writing (See Paragraph 39 2) 12.3 Additional Terms and Conditions Applicable to Subletting. The following terms and conditions shall apply to any subletting by Lessee of all or any part of the Premises and shall be deemed included in all subleases under this Lease whether or not expressly incorporated therein: (a) Lessee hereby assigns and transfers to Lessor all of Lessee's interest in all Rent payable on any sublease, and Lessor may collect such Rent and apply same toward Lessee's obligations under this Lease; provided, however, that until a Breach shall occur in the performance of Lessee's obligations, Lessee may collect said Rent. In the event that the amount collected by Lessor exceeds Lessee's then outstanding obligations any such excess shall be refunded to Lessee. Lessor shall not, by reason of the foregoing or any assignment of such sublease, not by reason of the collection of Rent, be deemed liable to the sublessee for any failure of Lessee to perform and comply with any of Lessee's obligations to such sublessee. Lessee hereby irrevocably authorizes and directs any such sublessee, upon receipt of a written notice from Lessor stating that a Breach exists in the performance of Lessee's obligations under this Lease, to pay to Lessor all Rent due and to become due under the sublease. Sublessee shall rely upon any such notice from Lessor and shall pay all Rents to Lessor without any obligation or right to inquire as to whether such Breach exists, notwithstanding any claim from Lessee to the contrary. (b) In the event of a Breach by Lessee, Lessor may, at its option, require sublessee to attorn to Lessor, in which event Lessor shall undertake the obligations of the sublessor under such sublease from the time of the exercise of said option to the expiration of such sublease; provided, however. Lessor shall not be liable for any prepaid rents or security deposit paid by such sublessee to such sublessor or for any prior Defaults or Breaches of such sublessor (c) Any matter requiring the consent of the sublessor under a sublease shall also require the consent of Lessor. (d) No sublessee shall further assign or sublet all or any part of the Premises without Lessor's prior written consent. (e) Lessor shall deliver a copy of any notice of Default or Breach by Lessee to the sublessee, who shall have the right to cure the Default of Lessee within the grace period, if' any, specified in such notice. The sublessee shall have a right of reimbursement and offset from and against Lessee for any such Defaults cured by the sublessee. 13. Default; Breach; Remedies. 13.1 Default; Breach. A "Default" is defined as a failure by the Lessee to comply with or perform any of the terms, covenants, conditions or Rules and Regulations under this Lease. A "Breach" is defined as the occurrence of one or more of the following Defaults, and the failure of Lessee to cure such Default within any applicable grace period: (a) The abandonment of the Premises; or the vacating of the Premises without providing a commercially reasonable level of security, or where the coverage of the property insurance described in Paragraph 8.3 is jeopardized as a result thereof, or without providing reasonable PAGE 10 OF 17 INITIALS 0749 INITIALS @2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page138 assurances to minimize potential vandalism. (b) The failure of Lessee to make any payment of Rent or any Security Deposit required to be made by Lessee hereunder, whether to Lessor or to a third party, when due, to provide reasonable evidence of insurance or surety bond, or to fulfill any obligation under this Lease which endangers or threatens life or property, where such failure continues for a period of 3 business days following written notice to Lessee THE ACCEPTANCE BY LESSOR OF A PARTIAL PAYMENT OF RENT OR SECURITY DEPOSIT SHALL NOT CONSTITUTE A WAIVER OF ANY OF LESSOR'S RIGHTS, INCLUDING LESSOR'S RIGHT TO RECOVER POSSESSION OF THE PREMISES (c) The failure of Lessee to allow Lessor and/or its agents access to the Premises or the commission of waste, act or acts constituting public or private nuisance, and/or an Illegal activity on the Premises by Lessee, where such actions continue for a period of 3 business days following written notice to Lessee (d) The failure by Lessee to provide (i) reasonable written evidence of compliance with Applicable Requirements, (h) the service contracts, (iii) the rescission of an unauthorized assignment or subletting, (iv) an Estoppel Certificate or financial statements, (v) a requested subordination, (vi) evidence concerning any guaranty and/or Guarantor, (vii) any document requested under Paragraph 42, (viii) material safety data sheets (MSDS), or (ix) any other documentation or information which Lessor may reasonably require of Lessee under the terms of this Lease, where any such failure continues for a period of 10 days following written notice to Lessee. (a) A Default by Lessee as to the terms, covenants, conditions or provisions of this Lease, or of the rules adopted under Paragraph 40 hereof, other than those described in subparagraphs 13.1(a), (b), (c) or (d), above, where such Default continues for a period of 30 days after written notice; provided, however, that if the nature of Lessee's Default is such that more than 30 days are reasonably required for its cure, then it shall not be deemed to be a Breach if Lessee commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion mt;hln ninety (90) daye (f) The occurrence of any of the following events: (i) the making of any general arrangement or assignment for the benefit of creditors; (ii) becoming a "debtor" as defined In 11 U.S.C. §101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within 60 days); (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or (iv) the attachment, execution or other judicial seizure of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not discharged within 30 days; provided, however, in the event that any provision of this subparagraph is contrary to any applicable law, such provision shall be of no force or effect, and not affect the validity of the remaining provisions. (g) The discovery that any financial statement of Lessee or of any Guarantor given to Lessor was materially false. (h) If the performance of Lessee's obligations under this Lease is guaranteed: (i) the death of a Guarantor, (ii) the termination of a Guarantor's liability with respect to this Lease other than in accordance with the terms of such guaranty, (iii) a Guarantor's becoming insolvent or the subject of a bankruptcy filing, (iv) a Guarantor's refusal to honor the guaranty, or (v) a Guarantor's breach of its guaranty obligation on an anticipatory basis, and Lessee's failure, within 60 days following written notice of any such event, to provide written alternative assurance or security, which, when coupled with the then existing resources of Lessee, equals or exceeds the combined financial resources of Lessee and the Guarantors that existed at the time of execution of this Lease. 13.2 Remedies. If Lessee fails to perform any of its affirmative duties or obligations, within 10 days after written notice (or in case of an emergency, without notice), Lessor may, at its option, perform such duty or obligation on Lessee's behalf, including but not limited to the obtaining of reasonably required bonds, insurance policies, or governmental licenses, permits or approvals. Lessee shall pay to Lessor an amount equal to 115 % of the costs and expenses incurred by Lessor in such performance upon receipt of an invoice therefor, In the event of a Breach, Lessor may, with or without further notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Breach: (a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession to Lessor In such event Lessor shall be entitled to recover from Lessee: (i) the unpaid Rent which had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the Lessee proves could have been reasonably avoided; (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the Lessee proves could be reasonably avoided; and (iv) any other amount necessary to compensate Lessor for all the detriment proximately caused by the Lessee's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including but not limited to the cost of recovering possession of the Premises, expenses of reletting, including necessary renovation and alteration of the Premises, reasonable attorneys' fees, and that portion of any leasing commission paid by Lessor in connection with this Lease applicable to the unexpired term of this Lease The worth at the time of award of the amount referred to in provision (iii) of the immediately preceding sentence shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of the District within which the Premises are located at the time of award plus one percent Efforts by Lessor to mitigate damages caused by Lessee's Breach of this Lease shall not waive Lessors right to recover damages under Paragraph 12, If termination of this Lease is obtained through the provisional remedy of unlawful detainer, Lessor shall have the right to recover in such proceeding any unpaid Rent and damages as are recoverable therein, or Lessor may reserve the right to recover all or any part thereof in a separate suit. If a notice and grace period required under Paragraph 13 1 was not previously given, a notice to pay rent or quit, or to perform or quit given to Lessee under the unlawful detainer statute shall also constitute the notice required by Paragraph 13.1. In such case, the applicable grace period required by Paragraph 13.1 and the unlawful detainer statute shall run concurrently, and the failure of Lessee to cure the Default within the greater of the two such grace periods shall constitute both an unlawful detainer and a Breach of this Lease entitling Lessor to the remedies provided for in this Lease and/or by said statute. (b) Continue the Lease and Lessee's right to possession and recover the Rent as it becomes due, in which event Lessee may sublet or assign, subject only to reasonable limitations. The foregoing is Intended to provide Ltoe r the remedy described In Callfomia Civil Code 1951.4Acts of maintenance, efforts to relet, and/or the appointment of a receiver to protect the Lessors interests, shall not constitute a termination of the Lessee's right to possession. (c) Pursue any other remedy now or hereafter available under the laws or judicial decisions of the state wherein the Premises are located. The expiration or termination of this Lease and/or the termination of Lessee's right to possession shall not relieve Lessee from liability under any indemnity provisions of this Lease as to matters occurring or accruing during the term hereof or by reason of Lessee's occupancy of the Premises. 133 Inducement Recapture. Any agreement for free or abated rent or other charges, or for the giving or paying by Lessor to or for PAGE 11 OF 17 INITIALS 0 •115O (( INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page139 Lessee of any cash or other bonus, inducement or consideration for Lessee's entering into this Lease, all of which concessions are hereinafter referred to as "Inducement Provisions," shall be deemed conditioned upon Lessee's full and faithful performance of all of the terms, covenants and conditions of this Lease. Upon Breach of this Lease by Lessee, any such Inducement Provision shall automatically be deemed deleted from this Lease and of no further force or effect, and any rent, other charge, bonus, inducement or consideration theretofore abated, given or paid by Lessor under such an inducement Provision shall be immediately due and payable by Lessee to Lessor, notwithstanding any subsequent cure of said Breach by Lessee. The acceptance by Lessor of rent or the cure of the Breach which initiated the operation of this paragraph shall not be deemed a waiver by Lessor of the provisions of this paragraph unless specifically so stated in writing by Lessor at the time of such acceptance 13.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee of Rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Lessor by any Lender. Accordingly, If any Rent shall not be received by Lessor within 5 10 days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall immediately pay to Lessor a one-time late charge equal to 10% of each such overdue amount or $100, whichever is greater. The Parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of such late payment. Acceptance of such late charge by Lessor shall in no event constitute a waiver of Lessee's Default or Breach with respect to such overdue amount, nor prevent the exercise of any of the other rights and remedies granted hereunder In the event that a late charge is payable hereunder, whether or not collected, for 3 consecutive installments of Base Rent, then notwithstanding any provision of this Lease to the contrary, Base Rent shall, at Lessor's option, become due and payable quarterly in advance 13.5 Interest. Any monetary payment due Lessor hereunder, other than late charges, not received by Lessor, when due as to scheduled payments (such as Base Rent) or within 30 days following the date on which it was due for non-scheduled payment, shall bear interest from the date when due, as to scheduled payments, or the 31 st day after it was due as to non-scheduled payments The interest ("Interest") charged shall be computed at the rate of 10% per annum but shall not exceed the maximum rate allowed by law Interest is payable in addition to the potential late charge provided for in Paragraph 13.4. 136 Breach by Lessor. (a) Notice of Breach. Lessor shall not be deemed in breach of this Lease unless Lessor fails within a reasonable time to perform an obligation required to be performed by Lessor. For purposes of this Paragraph, a reasonable time shall in no event be less than 30 days after receipt by Lessor, and any Lender whose name and address shall have been furnished Lessee in writing for such purpose, of written notice specifying wherein such obligation of Lessor has not been performed; provided, however, that if the nature of Lessor's obligation is such that more than 30 days are reasonably required for its performance, then Lessor shall not be in breach if performance is commenced within such 30 day period and thereafter diligently pursued to completion- (b) Performance by Lessee on Behalf of Lessor. In the event that neither Lessor nor Lender cures said breach within 30 days after receipt of said notice, or if having commenced said cure they do not diligently pursue it to completion, then Lessee may elect to cure said breach at Lessee's expense and offset from Rent the actual and reasonable cost to perform such cure, provided, however, that such offset shall not exceed an amount equal to the greater of one month's Base Rent or the Security Deposit, reserving Lessee's right to seek reimbursement from Lessor for any such expense in excess of such offset Lessee shall document the cost of said cure and supply said documentation to Lessor 14 Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain or sold under the threat of the exercise of said power (collectively "Condemnation"), this Lease shall terminate as to the part taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 10% of the Building, or more than 25% of that portion of the Premises not occupied by any building, is taken by Condemnation. Lessee may, at Lessee's option, to be exercised in writing within 10 days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within 10 days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the Base Rent shall be reduced in proportion to the reduction in utility of the Premises caused by such Condemnation. Condemnation awards and/or payments shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leasehold, the value of the part taken, or for severance damages; provided, however, that Lessee shall be entitled to any compensation paid by the condemnor for Lessee's relocation expenses, loss of business goodwill and/or Trade Fixtures, without regard to whether or not this Lease is terminated pursuant to the provisions of this Paragraph All Alterations and Utility Installations made to the Premises by Lessee, for purposes of Condemnation only, shall be considered the property of the Lessee and Lessee shall be entitled to any and all compensation which is payable therefor In the event that this Lease is not terminated by reason of the Condemnation, Lessor shall repair any damage to the Premises caused by such Condemnation. 13- Brokerage -Fees. 15 : •Additio"I-Commis " '+a... --Pea s"aFotc twokeiageAee-agWameM-is-atlaoteed-FheRia�ddd+art•to-Ihapaymer+t6{+wK+d�r+rsuam[�o Raragrap44-9-abeve`aad aaless I sseF aad the Weke Iherwise agree w+vxa rrg:�L�wssry agrees that=4a} i�Larses (b iF Lessee _- _ , _. a armor'ted wiI.+Lessee SqU l6Samy-rt�hEs-t4�tie�IBrmeBeS-0ratfeer Jremi58S-Erwn9d-$y-L fh.,a-�.,•...� --ii any: wkhira-whiGWlhe••Paerrt4ses-FsiuEated; Es)-ef-Lessee-Feet~a+ms.ar�cesr�BSsiaH-oP•iHe-Prarwir.�es; wahi`.,.,-;:^..:�..G.:t--[if-LssSOF, akeFlhe-expi2kien-ef-this Lease, BF s".av:;.:vm��.•yy�e-'•r�^vtian-eF3r>`e5E2iatoiF•Gkwse-A2feIH-iieR--i�'SSpr-3Siallj3dy-ffaker5-a-feE�rn aoowdancewilfl4he-&c4&du1e attar tD s Bch brokerage fee ag' eni.. T5-2-Arsumptlrynt+f•i]bl igatian-Any-puyer•gr--transfer+ee-uS•Lessors-rnlerael-in3hiyLease-shattdr•emed Sp-have8661In+ed-1 es5e0- etgigatiew-here+,near--4Nwkers-tr#a4-b@41iird-Wy-bene4G49as-014he4"viS+Ons of•Raragrap4s-1-4. 4.—k2and-31- If LOSSOF-fa+lsdo-pay-la-Brakefsany amawrts ar e as andot hrokecage lees perta;r mg�o this��aae wlte�i due�iien wshamauats sAalkaccrveJriiefest 4nadd+tianr•IN�ssaFaels taRaY any -amount--te-kessee'sSrsker-wtaear�us:1�ssee, s-8".".w: -ir rid-wrRlen-notice-Io-Lecsor-aud••L-asses-ef-such-f - �e-PaY eueh_,nwunls wditi 404ays a Fsa d uoEice Lass e�shall pay -said- nar+iesic t6 8rukecand ct€Sei-SUGfe armoanib-agaens4 ®mt -In arkliva LesSeas BrekeF-haiFlae•deefned�obe a•rhird-party-beneFeeiaryof•any-caf+ln}ass+orfagreement-enieredanto-by-a^'",...,: ba:.:Ben-LessaFansf�e65ar°sBwkeF4oFifig IxF 106_puFijose lk-owed eaaserstatiaa5-aitidJ^�_,_ee._- ... Broker-Re#atiorastaipSYLesse�anc LA6srx-sac#•rc=pre5enl-3Ml-warfartl-t64he-othEwtha4-d p �yx�yyaey { a e grffkefs if any)- n toF r aciiarrwith-Phis lease aad that"no•Whe"ham-said naraedSrakeus-es-eiainie9-Ea-arty-6ommrs5rc»Or�Cim9eCs-•fee-r�-herewiklt—Lessee-arad-L�5sOHio-eac=i-berets ci, demo•and-M+id-ewe-91heFharniless-from-and-againsNratriiiiykx-c.�mp2w eai+em�F•r„haagasivhfsA•may-he-•slaimed-�yaay-suchifnaariecf•bradecr.-ttrtrdef PAGE 12 OF 17 C J INITIALS 0751 INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page140 er-wt;er-SurrifafiPaHy-by-reason t�f-any aeaEFngS-ar-aEl+oa6 n4�hwraemrrify�ag-Rarty�r�ding-any�cssts�xpensas-alin 16 Estoppel Certificates. (a) Each Party (as "Responding Party") shall within 40 5 days after written notice from the other Party (the "Requesting Party") execute, acknowledge and deliver to the Requesting Party a statement in writing in form similar to the then most current "Estoppel Certificate" form published by the AIR Commercial Real Estate Association, plus such additional information, confirmation and/or statements as may be reasonably requested by the Requesting Party. (b) If the Responding Party shall fail to execute or deliver the Estoppel Certificate within such 4-9 5 day period, the Requesting Party may execute an Estoppel Certificate slating that: (i) the Lease is in full force and effect without modification except as may be represented by the Requesting Party, (ii) there are no uncured defaults in the Requesting Party s performance, and (iii) if Lessor is the Requesting Party, not more than one month's rent has been paid in advance Prospective purchasers and encumbrancers may rely upon the Requesting Parry's Estoppel Certificate, and the Responding Party shall be estopped from denying the truth of the facts contained in said Certificate (c) If Lessor desires to finance, refinance, or sell the Premises, or any part thereof. Lessee and all Guarantors shall within 10 days after written notice from Lessor deliver to any potential lender or purchaser designated by Lessor such financial statements as may be reasonably required by such lender or purchaser, including but not limited to Lessee's financial statements for the past 3 years. All such financial statements shall be received by Lessor and such lender or purchaser in confidence and shall be used only for the purposes herein set forth. 17 Definition of Lessor. The term "Lessor" as used herein shall mean the owner or owners at the time in question of the fee title to the Premises, or, if this is a sublease, of the Lessee's interest in the prior lease, In the event of a transfer of Lessor's title or interest in the Premises or this Lease, Lessor shall deliver to the transferee or assignee (in cash or by credit) any unused Security Deposit held by Lessor- Upon such transfer or assignment and delivery of the Security Deposit, as aforesaid, the prior Lessor shall be relieved of all liability with respect to the obligations and/or covenants under this Lease thereafter to be performed by the Lessor Subject to the foregoing, the obligations and/or covenants in this Lease to be performed by the Lessor shall be binding only upon the Lessor as hereinabove defined. 16- Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof 19. Days. Unless otherwise specifically indicated to the contrary, the word "days" as used in this Lease shall mean and refer to calendar days. 20. Limitation on Liability. The obligations of Lessor under this Lease shall not constitute personal obligations of Lessor or its partners, members, directors, officers or shareholders, and Lessee shall look to the Premises, and to no other assets of Lessor, for the satisfaction of any liability of Lessor with respect to this Lease, and shall not seek recourse against Lessor's partners, members, directors, officers or shareholders, or any of their personal assets for such satisfaction. 21 Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Lease. 22. No Prior or Other Agreements; Broker Disclaimer. This Lease contains all agreements between the Parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective Lessor and Lessee each represents and warrants to the Brokers that it has made, and is relying solely upon, its own investigation as to the nature, quality, character and financial responsibility of the other Party to this Lease and as to the use, nature, quality and character of the Premises. Brokers have no responsibility with respect thereto or with respect to any default or breach hereof by either Party. 23. Notices. 23.1 Notice Requirements. All notices required or permitted by this Lease or applicable law shall be in writing and may be delivered in person (by hand or by courier) or may be sent by regular, certified or registered mail or U.S Postal Service Express Mail, with postage prepaid, or by facsimile transmission, and shall be deemed sufficiently given if served in a manner specified in this Paragraph 23. The addresses noted adjacent to a Party's signature on this Lease shall be that Party's address for delivery or mailing of notices Ether Party may by written notice to the other specify a different address for notice, except that upon Lessee's taking possession of the Premises, the Premises shall constitute Lessee's address for notice. A copy of all notices to Lessor shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate in writing 232 Date of Notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail the notice shall be deemed given 72 hours after the same is addressed as required herein and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given 24 hours after delivery of the same to the Postal Service or courier. Notices transmitted by facsimile transmission or similar means shall be deemed delivered upon telephone confirmation of receipt (confirmation report from fax machine is sufficient), provided a copy is also delivered via delivery or mail. If notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day. 24 Waivers. (a) No waiver by Lessor of the Default or Breach of any term, covenant or condition hereof by Lessee, shall be deemed a waiver of any other term, covenant or condition hereof, or of any subsequent Default or Breach by Lessee of the same or of any other term, covenant or condition hereof Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor's consent to, or approval of, any subsequent or similar act by Lessee, or be construed as the basis of an estoppel to enforce the provision or provisions of this Lease requiring such consent- (b) The acceptance of Rent by Lessor shall not be a waiver of any Default or Breach by Lessee. Any payment by Lessee may be accepted by Lessor on account of moneys or damages due Lessor, notwithstanding any qualifying statements or conditions made by Lessee in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Lessor at or before the time of deposit of such payment- (c) THE PARTIES AGREE THAT THE TERMS OF THIS LEASE SHALL GOVERN WITH REGARD TO ALL MATTERS RELATED THERETO AND HEREBY WAIVE THE PROVISIONS OF ANY PRESENT OR FUTURE STATUTE TO THE EXTENT THAT SUCH STATUTE IS INCONSISTENT WITH THIS LEASE 25. Disclosures Regarding The Nature of a Real Estate Agency Relationship. PAGE 13OF17 INITIALS 0752 fNl ,A15 ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page141 (a) When entering into a discussion with a real estate agent regarding a real estate transaction, a Lessor or Lessee should from the outset understand what type of agency relationship or representation it has with the agent or agents in the transaction. Lessor and Lessee acknowledge being advised by the Brokers in this transaction, as follows: 0) Lessor's Agent. A Lessors agent under a listing agreement with the Lessor acts as the agent for the Lessor only. A Lessor's agent or subagent has the following affirmative obligations: To the Lessor: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessor To the Lessee and the Lessor: a Diligent exercise of reasonable skills and care in performance of the agent's duties b. A duty of honest and fair dealing and good faith c. A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (ii) Lessee's Anent An agent can agree to act as agent for the Lessee only. In these situations, the agent is not the Lessors agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Lessor. An agent acting only for a Lessee has the following affirmative obligations To the Lessee: A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Lessee To the Lessee and the Lessor- a. Diligent exercise of reasonable skills and care in performance of the agent's duties. b A duty of honest and fair dealing and good faith. c A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the Parties. An agent is not obligated to reveal to either Party any confidential information obtained from the other Party which does not involve the affirmative duties set forth above. (iii) Aoont Regresentirm Both Les;gr and Lessee. A real estate agent, either acting directly or through one or more associate licenses, can legally be the agent of both the Lessor and the Lessee in a transaction, but only with the knowledge and consent of both the Lessor and the Lessee In a dual agency situation, the agent has the following affirmative obligations to both the Lessor and the Lessee: a. A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either Lessor or the Lessee. b Other duties to the Lessor and the Lessee as stated above in subparagraphs (i) or (h). In representing both Lessor and Lessee, the agent may not without the express permission of the respective Party, disclose to the other Party that the Lessor will accept rent in an amount less than that indicated in the listing or that the Lessee is willing to pay a higher rent than that offered The above duties of the agent in a real estate transaction do not relieve a Lessor or Lessee from the responsibility to protect their own interests. Lessor and Lessee should carefully read all agreements to assure that they adequately express their understanding of the transaction A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. (b) Brokers have no responsibility with respect to any default or breach hereof by either Party The Parties agree that no lawsuit or other legal proceeding involving any breach of duty, error or omission relating to this Lease may be brought against Broker more than one year after the Start Date and that the liability (including court costs and attorneys' fees), of any Broker with respect to any such lawsuit and/or legal proceeding shall not exceed the fee received by such Broker pursuant to this Lease; provided, however, that the foregoing limitation on each Brokers liability shall not be applicable to any gross negligence or willful misconduct of such Broker. (c) Lessor and Lessee agree to identify to Brokers as "Confidential" any communication or information given Brokers that is considered by such Party to be confidential 26. No Right To Holdover. Lessee has no right to retain possession of the Premises or any part thereof beyond the expiration or termination of this Lease. In the event that Lessee holds over, then the Base Rent shall be increased to 150 % of the Base Rent applicable immediately preceding the expiration or termination Nothing contained herein shall be construed as consent by Lessor to any holding over by Lessee 27 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 26. Covenants and Conditions; Construction of Agreement. All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it 29. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their personal representatives, successors and assigns and be governed by the laws of the State in which the Premises are located. Any litigation between the Parties hereto concerning this Lease shall be initiated in the county in which the Premises are located. 30. Subordination; Aftomment; Non -Disturbance. 301 Subordination. This Lease and any Option granted hereby shall be subject and subordinate to any ground lease, mortgage, deed of trust, or other hypothecation or security device (collectively, "Security Device"). now or hereafter placed upon the Premises, to any and all advances made on the security thereof, and to all renewals, modifications, and extensions thereof. Lessee agrees that the holders of any such Security Devices (in this Lease together referred to as "Lender") shall have no liability or obligation to perform any of the obligations of Lessor under this Lease Any Lender may elect to have this Lease and/or any Option granted hereby superior to the lien of its Security Device by giving written notice thereof to Lessee, whereupon this Lease and such Options shall be deemed prior to such Security Device, notwithstanding the relative dates of the documentation or recordation thereof 302 Attornment. In the event that Lessor transfers title to the Premises, or the Premises are acquired by another upon the foreclosure or termination of a Security Devise to which this Lease is subordinated (i) Lessee shall, subject to the non -disturbance provisions of Paragraph 30.3, attorn to such new owner, and upon request, enter into a new lease, containing all of the terms and provisions of this Lease, with such new owner for the remainder of the term hereof, or, at the election of the new owner, this Lease will automatically become a new lease between Lessee and such new owner, and (ii) Lessor shall thereafter be relieved of any further obligations hereunder and such new owner shall assume all of Lessors obligations, except that such new owner shall not: (a) be liable for any act or omission of any prior lessor or with respect to events occurring prior to acquisition of ownership; (b) be subject to any offsets or defenses which Lessee might have against any prior lessor, (c) be bound by prepayment of more than one month's rent, or (d) be liable for the return of any security deposit paid to any prior lessor which was not paid or credited to such new owner. 303 Non -Disturbance. With respect to Security Devices entered into by Lessor after the execution of this Lease, Lessee's subordination of this Lease shall be subject to receiving a commercially reasonable non -disturbance agreement (a "Non -Disturbance Agreement") from the Lender which Non -Disturbance Agreement provides that Lessee's possession of the Premises, and this Lease, including any options to extend the term hereof, will not be disturbed so long as Lessee is not in Breach hereof and attorns to the record owner of the Premises. FuFthff, VMhiR 69 rfays-efigi-a`_ ��::fron-C+f-ibis-Lease-les5ar•shaiF sfequ�led-byesCee;'�-'- '�ire{cdaNy-reasonable-effoReia-mt#rairs-hlan-D#si�roharsce Agmewsnl-fram-lhe•f#olAer�f-aaY-pne�ex#sfing-•Se4iirity-0evice iCi►��->e:.u= `r" "�..Q"�::ses,-ir�lhg-ereni-#hat-Lessor-#6-u^.a...e-: Yrovrde-the PAGE 14 OF 17 INITIALS 0753 INI IALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page142 NewBistdFbanse-Agreeme +4prn- .-,,.c^-�.ay6:-sraer�l�ssee ^oy- ;��ssees-ap41en�3rec[+y-e�taet Lerida;_ar3db!tempt-l4-ney9liaie-feF-lh6 �4eIW@{j'•4f•e•t+teri-I31aHiF133Y:Ge-P[jtEefrieilt- _ 30 4 Self -Executing. The agreements contained in this Paragraph 30 shall be effective without the execution of any further documents; provided, however, that, upon written request from Lessor or a Lender in connection with a sale, financing or refinancing of the Premises, Lessee and Lessor shall execute such further writings as may be reasonably required to separately document any subordination, attornment and/or Non -Disturbance Agreement provided for herein 31 Attorneys' Fees. If any Party or Broker brings an action or proceeding involving the Premises whether founded in tort, contract or equity, or to declare rights hereunder, the Prevailing Party (as hereafter defined) in any such proceeding, action, or appeal thereon, shall be entitled to reasonable attorneys' fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The term, "Prevailing Party" shall include, without limitation, a Party or Broker who substantially obtains or defeats the relief sought, as the case may be, whether by compromise, settlement, judgment, or the abandonment by the other Party or Broker of its claim or defense. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys' fees reasonably incurred In addition, Lessor shall be entitled to attorneys' fees, costs and expenses incurred in the preparation and service of notices of Default and consultations in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per occurrence for such services and consultation) 32 Lessor's Access; Showing Premises; Repairs. Lessor and Lessor's agents shall have the right to enter the Premises at any time, in the case of an emergency, and otherwise at reasonable times after reasonable prior notice for the purpose of showing the same to prospective purchasers, lenders, or tenants, and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable and the erecting, using and maintaining of utilities, services, pipes and conduits through the Premises and/or other premises as long as there is no material adverse effect to Lessee's use of the Premises All such activities shall be without abatement of rent or liability to Lessee. 33 Auctions. Lessee shall not conduct, nor permit to be conducted, any auction upon the Premises without Lessor's prior written consent Lessor shall not be obligated to exercise any standard of reasonableness in determining whether to permit an auction. 34 Signs. Lessor may place on the Premises ordinary "For Sale" signs at any time and ordinary "For Lease" signs during the last 6 months of the term hereof. Except for ordinary "for sublease" signs, Lessee shall not place any sign upon the Premises without Lessors prior written consent. All signs must comply with all Applicable Requirements. Isseee'e, current sign on the Bullding is acceptable to Lessor. 35. Termination; Merger. Unless specifically stated otherwise in writing by Lessor, the voluntary or other surrender of this Lease by Lessee, the mutual termination or cancellation hereof, or a termination hereof by Lessor for Breach by Lessee, shall automatically terminate any sublease or lesser estate in the Premises; provided, however, that Lessor may elect to continue any one or all existing subtenancies. Lessor's failure within 10 days following any such event to elect to the contrary by written notice to the holder of any such lesser interest, shall constitute Lessor's election to have such event constitute the termination of such interest. 36. Consents. Except as otherwise provided herein, wherever in this Lease the consent of a Party is required to an act by or for the other Party, such consent shall not be unreasonably withheld or delayed. Lessors actual reasonable costs and expenses (including but not limited to architects', attorneys', engineers' and other consultants' fees) incurred in the consideration of, or response to, a request by Lessee for any Lessor consent, including but not limited to consents to an assignment, a subletting or the presence or use of a Hazardous Substance, shall be paid by Lessee upon receipt of an invoice and supporting documentation therefor. Lessor's consent to any act, assignment or subletting shall not constitute an acknowledgment that no Default or Breach by Lessee of this Lease exists, nor shall such consent be deemed a waiver of any then existing Default or Breach, except as may be otherwise specifically stated in writing by Lessor at the time of such consent. The failure to specify herein any particular condition to Lessors consent shall not preclude the imposition by Lessor at the time of consent of such further or other conditions as are then reasonable with reference to the particular matter for which consent is being given In the event that either Party disagrees with any determination made by the other hereunder and reasonably requests the reasons for such determination, the determining party shall furnish its reasons in writing and in reasonable detail within 10 business days following such request 37. Guarantor. 371 Execution. The Guarantors, if any, shall each execute a guaranty in the form most recently published by the AIR Commercial Real Estate Association, and each such Guarantor shall have the same obligations as Lessee under this Lease 37.2 Default. It shall constitute a Default of the Lessee if any Guarantor fails or refuses, upon request to provide: (a) evidence of the execution of the guaranty, including the authority of the party signing on Guarantors behalf to obligate Guarantor, and in the case of a corporate Guarantor, a certified copy of a resolution of its board of directors authorizing the making of such guaranty, (b) current financial statements, (c) an Estoppel Certificate, or (d) written confirmation that the guaranty is still in effect 36. Quiet Possession. Subject to payment by Lessee of the Rent and performance of all of the covenants, conditions and provisions on Lessee's part to be observed and performed under this Lease, Lessee shall have quiet possession and quiet enjoyment of the Premises during the term hereof 39 Options. If Lessee is granted an Option, as defined below, then the following provisions shall apply: 391 Definition. "Option" shall mean: (a) the right to extend or reduce the term of or renew this Lease or to extend or reduce the term of or renew any lease that Lessee has on other property of Lessor; (b) the right of first refusal or first offer to lease either the Premises or other property of Lessor; (c) the right to purchase, the right of first offer to purchase or the right of first refusal to purchase the Premises or other property of Lessor. 392 Options Personal To Original Lessee. Any Option granted to Lessee in this Lease is personal to the original Lessee, and cannot be assigned or exercised by anyone other than said original Lessee and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting. 393 Multiple Options. In the event that Lessee has any multiple Options to extend or renew this Lease, a later Option cannot be exercised unless the prior Options have been validly exercised. 394 Effect of Default on Options. (a) Lessee shall have no right to exercise an Option: (i) during the period commencing with the giving of any notice of Default and continuing until said Default is cured, (ii) during the period of time any Rent is unpaid (without regard to whether notice thereof is given Lessee), (III) during the time Lessee is in Breach of this Lease, or (iv) in the event that Lessee has been given 3 or more notices of separate Default, whether or not the Defaults are cured, during the 12 month period immediately preceding the exercise of the Option. PAGE 15 OF 17 INITIALS 0754 INMALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1110E Page143 (b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise an Option because of the provisions of Paragraph 39.4(a). (c) An Option shall terminate and be of no further force or effect, notwithstanding Lessee's due and timely exercise of the Option, if, after such exercise and prior to the commencement of the extended term or completion of the purchase, (i) Lessee fails to pay Rent for a period of 30 days after such Rent becomes due (without any necessity of Lessor to give notice thereof), or (ii) if Lessee commits a Breach of this Lease. 40. Multiple Buildings. If the Premises are a part of a group of buildings controlled by Lessor, Lessee agrees that it will abide by and conform to all reasonable rules and regulations which Lessor may make from time to time for the management, safety, and care of said properties, including the care and cleanliness of the grounds and including the parking, loading and unloading of vehicles, and to cause its employees, suppliers, shippers, customers, contractors and invitees to so abide and conform Lessee also agrees to pay its fair share of common expenses incurred in connection with such rules and regulations 41 Security Measures. Lessee hereby acknowledges that the Rent payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of the Premises, Lessee, its agents and invitees and their property from the acts of third parties 42. Reservations. Lessor reserves to itself the right, from time to time. to grant, without the consent or joinder of Lessee, such easements, rights and dedications that Lessor deems necessary, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee Lessee agrees to sign any documents reasonably requested by Lessor to effectuate any such easement rights, dedication, map or restrictions 43. Performance Under Protest If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of said Party to institute suit for recovery of such sum If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay. A Party who does not initiate suit for the recovery of sums paid "under protest" with 6 months shall be deemed to have waived its right to protest such payment 44. Authority; Multiple Parties; Execution. (a) If either Party hereto is a corporation, trust, limited liability company, partnership, or similar entity, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on its behalf. Each Party shall, within 30 days after request, deliver to the other Party satisfactory evidence of such authority (b) If this Lease is executed by more than one person or entity as "Lessee", each such person or entity shall be jointly and severally liable hereunder. It is agreed that any one of the named Lessees shall be empowered to execute any amendment to this Lease, or other document ancillary thereto and bind all of the named Lessees, and Lessor may rely on the same as if all of the named Lessees had executed such document. (c) This Lease may be executed by the Parties in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 45 Conflict. Any conflict between the printed provisions of this Lease and typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. 46 Offer. Preparation of this Lease by either Party or their agent and submission of same to the other Party shall not be deemed an offer to lease to the other Party. This Lease is not intended to be binding until executed and delivered by all Parties hereto 47 Amendments. This Lease may be modified only in writing, signed by the Parties in interest at the time of the modification As long as they do not materially change Lessee's obligations hereunder, Lessee agrees to make such reasonable non -monetary modifications to this Lease as may be reasonably required by a Lender in connection with the obtaining of normal financing or refinancing of the Premises. 48. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING THE PROPERTY OR ARISING OUT OF THIS AGREEMENT. 49 Arbitration of Disputes. An Addendum requiring the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ❑ is ❑ is not attached to this Lease. See Addendum paragraph 61. 50 Americans with Disabilities Act. Since compliance with the Americans with Disabilities Act (ADA) is dependent upon Lessee's specific use of the Premises. Lessor makes no warranty or representation as to whether or not the Premises comply with ADA or any similar legislation. In the event that Lessee's use of the Premises requires modifications or additions to the Premises in order to be in ADA compliance, Lessee agrees to make any such necessary modifications and/or additions at Lessee's expense LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AIR COMMERCIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE'S INTENDED USE. WARNING: IF THE PREMISES IS LOCATED IN A STATE OTHER THAN CALIFORNIA, CERTAIN PROVISIONS OF THE LEASE MAY NEED TO BE REVISED TO COMPLY WITH THE LAWS OF THE STATE IN WHICH THE PREMISES IS LOCATED. The parties hereto have executed this Lease at the place and on the dates specified above their respective signatures. Executed at: _ Executed at: PAGE 16 OF 17 INITIALS 0755 / INITIALS ©2001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM STN-12-1/10E Page144 On: y ac1 S R j �� On: ^^�\ "" J By LESSOR: By LESSEE: Zio Third Investments, LLC CNC Puma, a California corporation By: �� fir' /C� �~ BY> Name Printed: Norman Solomon Na& Printed: Craig Puma Title: Manager Title: -yr By: By: f - Name Printed: Name Printed: Christy Puna Title: Title: Address: 929 E. 2nd Street, Suite 101 � Address: _ &Y5 t t Los Angeles, CA 90012 _ _ �Mct—tdq. CIA gZ510 Telephone:(213) 687. 9600 Telephone:(%%) _p-? t "I t,' (j Facsimile: (213) 687. 3314 Facsimile:() t.-7 % — (a 3,3 7 Federal ID No. Federal ID No. A [y _ g 4?if-1 a i 0 BROKER: BROKER: Ahn: Title: Address: Telephone:(_) Facsimile:(_) Federal ID No. _ BrokedAgent DIRE License #: Attn: Title: _ Address: Telephone:(_) Facsimile:(—) Federal ID No. BrokedAgent DIRE License #: NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 800 W 6th Street, Suite 800, Los Angeles, CA 90017. Telephone No. (213) 687-8777. Fax No.: (213) 687-8616. © Copyright 2001 - By AIR Commercial Real Estate Association. All rights reserved. No part of these works may be reproduced in any form without permission in writing. �c PAGE 17 OF 17 INITIALS 0756 02001 - AIR COMMERCIAL REAL ESTATE ASSOCIATION INITIALS FORM STN-12-1110E Page145 ADDENDUM TO A STANDARD COMMERCIAL SINGLE -TENANT LEASE - NET DATED FEBRUARY 18, 2018 FOR THE PREMISES COMMONLY KNOWN AS 28645 OLD TOWN FRONT STREET, TEMECULA, CALIFORNIA 92590 BY AND BETWEEN ZIP THIRD INVESTMENTS, LLC (LESSOR) AND CNC PUMA, A CALIFORNIA CORPORATION (LESSEE) (hereinafter the "Addendum") 51. Base Rent Schedule: Lessee shall be responsible for all terms and conditions of this Lease and shall pay monthly Base Rent in accordance with the following schedule: • For the period April 1, 2018 through March 31, 2019 the monthly Base Rent shall be $10,000.00 • For the period April 1, 2019 through March 31, 2020 the monthly Base Rent shall be $11,000.00 • For the period April 1, 2020 through March 31, 2021 the monthly Base Rent shall be $12,000.00 • For the period April 1, 2021 through March 31, 2022 the monthly Base Rent shall be $12,600.00 • For the period April 1, 2022 through March 31, 2023 the monthly Base Rent shall be $13,300.00 • For the period April 1, 2023 through March 31, 2024 the monthly Base Rent shall be $14,100.00 • For the period April 1, 2024 through March 31, 2025 the monthly Base Rent shall be $15,000 00 52. Lessee agrees that, at Lessee's sole cost and expense and with Lessor's prior written approval, Lessee shall be responsible for the implementation and completion of any and all desired Lessee improvements, including but not limited to, interior partitions, flooring, ceiling tiles, lighting and fixtures, security and alarm systems, HVAC ductwork and vents, electric, electrical distribution and electric fixtures, plumbing, signs, sprinkler system modifications, etc. All Lessee improvements shall be accomplished in a professional manner with craftsman like quality, using first class materials, in accordance with the terms and conditions of this Lease. Lessee shall obtain Lessor's prior written approval, which shall not be unreasonably withheld, of style, design, materials and placement of all Lessee improvements prior to commencement of any modification to the Premises. 53. As a material consideration for Lessor entering into this Lease, and for other concessions, Lessee shall, at Lessee's sole cost and expense, prior to vacating the Premises restore the condition of the Premises to the same or better condition as the Commencement Date. Upon Lessee's vacation of the Premises, all, or some lesser portion of the improvements, as Lessor elects in its sole and absolute discretion, shall remain in place or be removed by Lessee at Lessee's expense according to the terms and conditions of this Lease. 54. Prior to the Commencement Date, Lessee shall deliver to Lessor a binder irrefutably documenting that Lessor is named as an additional insured under Lessee's insurance policies pursuant to the applicable provisions of this Lease. 55. In the event more than two installments of Rent or other payment required to be made by Lessee under this Lease is more than (10) days late, then that installment as well as all future installments shall be made by Lessee in cashiers check, money order or cash ("Certified Funds") only. The failure by Lessor to enforce this provision with respect to the acceptance of one or more payments from Lessee in other than Certified Funds shall not waive Lessor's right to enforce this provision to require future payments to be made in Certified Funds only 56. Lessee acknowledges that neither Lessor, its agents or any of the Brokers in the transaction have made any representation or warranty, express or implied, written or oral, to Lessee or any agent of Lessee with respect to any matter concerning the Premises, including, without limitations, its physical condition, the condition of any mechanical, electrical, heating, ventilating and air conditioning or other system or sub -system of the Premises or the suitability of the Premises for Lessee's intended use. In entering into the Lease and this addendum, Lessee has relied entirely on its own independent investigation and analysis of the Premises and the feasibility of operating Lessee's business there from and Lessee acknowledges that any oral or written information supplied by Lessor to Lessee with respect to the Premises was intended by Lessor and has been used by Lessee solely as a basis for Lessee to conduct its own investigation and analysis of the Premises and Lessee has not relied on any such written or oral information supplied or provided by Lessor to Lessee. In reliance solely upon Lessee's independent investigation, Lessee has verified to Lessee's satisfaction all aspects of the Building and Project and its fitness for the use intended by Lessee including, without limitation, building, land size and dimensions, size of loading doors, traffic flow for trucks, loading and unloading, electrical services and distribution, number of toilets, existence of heating and air conditioning, size of office space, zoning and Lessee's ability to operate his business with the necessary permits and according to the laws, rules and regulations of the appropriate governmental jurisdictions in which the Premises are located. Lessee warrants that Lessee is not relying on any representations by Broker, Sub -agents, Lessor, or the AIR. Industrial Multiple Brochure, verbal or written with respect to pertinent facts about the Premises. 57. Applicable Requirements and building codes, including but not limited to the Americans with Disabilities Act (ADA), may require present or future modifications to the Premises. All compliance requirements shall be Lessee's responsibility. The Brokers in this transaction are not qualified to advise you as to what, if any, changes may t>e required now, or in the future. Lessee should consult the attorney's and qualified design professionaI Jr choice regarding these and any other matters Io�r r . Page146 contained in this Lease. Real Estate Brokers cannot determine which attorneys or design professionals have the appropriate expertise 58 Lessee is aware, understands and agrees that any late fees which accrue due to late rental payments to Lessor shall be paid by Lessee according to the terms of this Lease. 59. Without limiting any of Lessor's remedies or rights provided for herein, Lessee shall pay a service charge of $75 00 (which shall be over and above any other late charges) of the amount of any check from Lessee to Lessor that Lessee's bank returns for insufficient funds. If more than two (2) checks are so returned, Lessor may give Lessee three (3) days written notice that all future payments from Lessee to Lessor shall be paid by cash, Cashiers Check, Certified Check, or Money Order as Lessee elects. 60. Within five (5) days from Lessee's receipt of any Tenancy Statement, Estoppel Certificate and/or request for financial statement, Lessee shall sign said Tenancy Statement and/or Estoppel Certificate and/or complete and return Lessee's financial statement to Lessor. Lessee hereby understands and agrees that failure to timely comply with this provision shall constitute a material breach of this Lease and Lessee agrees to be bound by the Tenancy Statement and/or Estoppel Certificate completed by Lessor after said five (5) days. 61. ARBITRATION OF DISPUTES. THIS LEASE REPRESENTS THE ENTIRE AGREEMENT BETWEEN LESSEE AND LESSOR REGARDING THE LEASE OF THE PREMISES. THE PARTIES SHALL UTILIZE THE COURT SYSTEM, NOT ARBITRATION, WHENEVER AN UNLAWFUL DETAINER ACTION AND/OR AN ACTION FOR INJUNCTIVE RELIEF WOULD RESOLVE ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN THE PARTIES. ANY OTHER DISPUTE, CLAIM, OR CONTROVERSY BETWEEN THE PARTIES ON ANY TOPIC, WHETHER OR NOT RELATED TO THE LEASE, AND INCLUDING THE DETERMINATION OR SCOPE OF THIS AGREEMENT TO ARBITRATE AS IT PERTAINS TO SUCH OTHER DISPUTE, CLAIM, OR CONTROVERSY SHALL BE ARBITRATED, BINDINGLY, AND ON THE MOST EXPEDITED BASIS AVAILABLE, TO CONCLUDE NO MORE THAN 60 DAYS FROM FILING, BY AN ARBITRATOR APPOINTED BY THE CENTURY CITY, CALIFORNIA OFFICE OF JAMS, WITH THE LOSING PARTY TO PAY THE PREVAILING PARTY'S ATTORNEY'S FEES AND COSTS, AS DETERMINED BY THE ARBITRATOR. IN THE INTERIM, THE PARTIES SHALL ADVANCE THE JAMS FEES AND OTHER CHARGES EQUALLY. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES. THE PARTIES UNDERSTAND THAT ARBITRATION IS TRIAL BY ARBITRATOR, NOT TRIAL BY A JUDGE OR JURY, AND THAT RIGHTS TO DISCOVERY AND APPEAL IN AND REGARDING ARBITRATION PROCEEDINGS ARE LIMITED. THE PARTIES ARE FAMILIAR WITH THE ADVANTAGES OF ARBITRATION AND WISH TO ARBITRATE PER THE REQUIREMENTS HEREOF. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. WE HAVE READ AND UNDERSTAND THE FOREGOING, AND AGREE TO SUBMIT TO BINDING ARBITRATION WITH JAMS THOSE MATTERS IDENTIFIED FOR ARBITRATION IN THIS "ARBITRATION OF DISPUTES" PROVISION. LESSEE'S INITIALS LESSOR'S INITIALS 62. Lessee shall pay for any and all costs incurred by Lessor in connection with "Three Day Notice" and "Eviction" legal and all other costs related to this Lease. 63. Lessee understands and agrees that this Lease is for the benefit only of Lessee and each person/entity that may in the future be named as Lessee. All such Lessees shall be jointly and individually responsible for all the terms and conditions of this Lease. 64. By signing this Lease, Lessee has determined that Lessee can obtain a business license and occupancy permit for Lessee's permitted use for the Premises. This Lease is effective upon execution by 0758 �s Page147 65. Lessee acknowledges and agrees that Lessor is not and will not be responsible for any damages to property or loss of business, or any other damages, resulting from rains, acts of third parties, earthquakes, floods, or from any other causes, including without limitation Paragraph 8.8. 66. The Premises shall not be used for any illegal purpose, nor shall any violation of law occur thereon. In addition, the Premises may not be used for "commercial" or "movie" shooting, filming, or similar use, without Lessor's prior written consent, which consent may be withheld in Lessor's sole and absolute discretion and which shall not be given absent arrangements and procedures Lessor deems appropriate to protect and indemnify against damage, inconvenience, and to compensate Lessor for any related supervision and/or administration Lessor deems necessary. These arrangements and procedures shall include, without limitation, such security deposits and insurance as Lessor deems appropriate to the particular use, and, where applicable, a location agreement between, Lessee, production company, and Lessor. Notwithstanding anything else contained herein, Lessee shall be allowed to video tape and distribute Lessee's own in house projects. 67. Lessee agrees and warrants that Lessee will fully comply with all city and governmental requirements and regulations related to and/or affecting the Building and Property. 68. The submission of this Lease by Lessor shall not constitute an offer to lease the Premises to Lessee. This Lease shall not be binding between Lessor and Lessee until it is fully executed and delivered and all sums Lessee is required to pay Lessor upon the execution hereof have been paid. This Lease shall not be construed in favor of or against the Party who drafted it on the basis of authorship. 69. As a material consideration for Lessor entering into this Lease, Lessee agrees to have all outstanding Rent paid current prior to execution of this Lease. 70. In the event of conflict between this Addendum and the body of the Lease, this Addendum shall control 71 Lessee hereby acknowledges receipt of a copy of this Lease, the Addendum and all Exhibits attached hereto and made a part hereof. 72. When fully executed by the Parties, this Lease dated February 18, 2018 supersedes, voids, and makes null and void any prior Lease, any amendments thereto, and any alleged prior verbal or written agreements for the Premises located at 28645 Old Town Front Street, Temecula, CA 92590. 73. As used herein, the words "Lessee" and "Tenant" are used interchangeably with the same meaning. The same is true for the words "Lessor' and "Landlord". 74. The balance of Lessee's Security Deposit outstanding in the amount of $14,350.00 shall be paid to Lessor in accordance with the following Schedule: • On or before May 1, 2018, $4,783.00 • On or before June 1, 2018, $4,783.00 • On or before July 1, 2018, $4,784.00 AGREED AND ACCEPTED: Lessee: CNC Puma, a California corporation Name printed Craig Puma Date: �� 1 Name printed Christy Puma Date: A/ . / ' V D / F- Lessor: Zip Third Investments, LLC By: Name Printed: Norman S. Solomon Title: Manager Date: _ �C L 1 %1 9 J9 Page148 AIR COMMERCIAL REAL ESTATE ASSOCIATION GUARANTY OF LEASE WHEREAS, Zip Third Investments, LLC hereinafter "Lessor", and CNC Puma, a California GoarporatiQn. _ _ , hereinafter "Lessee", are about to execute a document entitled "Lease" dated February 18, 2018 concerning the premises commonly known as28695 Old Town Front Street, Temecula, CA 92590 wherein Lessor will lease the premises to Lessee, and WHEREAS, Craig Puma ana Christy Putaa hereinafter "Guarantors' have a financial interest in Lessee, and WHEREAS, Lessor would not execute the Lease if Guarantors did not execute and deliver to Lessor this Guaranty of Lease NOW THEREFORE, in consideration of the execution of said Lease by Lessor and as a material inducement to Lessor to execute said Lease. Guarantors hereby jointly, severally, unconditionally and irrevocably guarantee the prompt payment by Lessee of all rents and all other sums payable by Lessee under said Lease and the faithful and prompt performance by Lessee of each and every one of the terms, conditions and covenants of said Lease to be kept and performed by Lessee. It is specifically agreed by Lessor and Guarantors that: (i) the terms of the foregoing Lease may be modified by agreement between Lessor and Lessee, or by a course of conduct, and (it) said Lease may be assigned by Lessor or any assignee of Lessor without consent or notice to Guarantors and that this Guaranty shall guarantee the performance of said Lease as so modified. This Guaranty shall not be released, modified or affected by the failure or delay on the part of Lessor to enforce any of the rights or remedies of the Lessor under said Lease No notice of default by Lessee under the Lease need be given by Lessor to Guarantors, it being specifically agreed that the guarantee of the undersigned is a continuing guarantee under which Lessor may proceed immediately against Lessee and/or against Guarantors following any breach or default by Lessee or for the enforcement of any rights which Lessor may have as against Lessee under the terms of the Lease or at law or in equity. Lessor shall have the right to proceed against Guarantors following any breach or default by Lessee under the Lease without first proceeding against Lessee and without previous notice to or demand upon either Lessee or Guarantors Guarantors hereby waive (a) notice of acceptance of Ihls Guaranty. (b) demand of payment, presentation and protest, (c) all right to asse-n or plead any statute of limitations relating to this Guaranty or the Lease, (d) any right to require the Lessor to proceed against The Lessee or any other Guarantor or any other person or enlity liable to Lessor. (a) any right 10 require Lessor to apply to any default any security deposit or other security B may hold under the Lease, (f) any right to require Lessor to proceed under any other remedy Lessor may have before proceeding against Guarantors, (g) any right of subrogation that Guarantors may have against Lessee. Guarantors do hereby subordinate all existing or future indebtedness of Lessee to Guarantors to the obligations owed to Lessor under the Lease and this Guaranty. If a Guarantor is married, such Guarantor expressly agrees that recourse may be had against his or her separate property for all of the obligations hereunder. The obligations of Lessee under the Lease to execute and deliver estoppel statements and financial statements, as therein provided, shall be deemed to also require the Guarantors to do and provide the same to Lessor. The failure of the Guarantors to provide the same to Lessor shall constitute a default under the Lease. The term "Lessor" refers to and means the Lessor named in the Lease and also Lessors successors and assigns So long as Lessor's interest in the Lease, the leased premises or the rents, issues and profits therefrom, are subject to any mortgage or deed of trust or assignment for security, no acqursttion by Guarantors of the Lessor's interesl shall affect the continuing obligation of Guarantors under this Guaranty which shall nevertheless continue in full force and effect for the benefit of the mortgagee, beneficiary, trustee or assignee under such mortgage, deed of trust or assignment and their successors and assigns. The term "Lessee" refers to and means the Lessee named in the Lease and also Lessee's successors and assigns. Any recovery by Lessor from any other guarantor or insurer shall first be credited to the portion of Lessee's indebtedness to Lessor which exceeds the maximum liability of Guarantors under this Guaranty. No provision of this Guaranty or right of the Lessor can be waived, nor can the Guarantors be released from their obligations except in writing signed by the Lessor. Any litigation concerning this Guaranty shall be initiated in a state court of competent jurisdiction in the county in which the leased premises are located and the Guarantors consent to the jurisdiction of such court. This Guaranty shall be governed by the laws of the $Tate in which The leased premises are located and for the purposes of any rules regarding conflicts of taw the parties shall be treated as if they were all residents or domiciles of such State In the event any action be brought by said Lessor against Guarantors hereunder to enforce the obligation of Guarantors hereunder, the unsuccestful party in such action shall pay to the prevailing party (herein a reasonable attorney's fee The attorney's fee award shall not be computed in accordance with any court fee schedule. but shall be such as to full reimburse all attorney's fees reasonably incurred. If any Guarantor is a corporation, partnership, or limited liability company, each individual executing this Guaranty on said entity's behalf represents and warrants that he or she is duly authorized to execute this Guaranty on behalf of such entity. If this Form has been filled in, it has been prepared for submission to your attomey for his approval. No representation or recommendation is made by the AIR Commercial Real Estate Association, the real estate broker or its agents or employees as to the legal sufficiency, legal effect, or tax consequences of this Form or the transaction relating thereto. Los �NaF[�s CA 7�I Executed a[: — On: D 0 r ��Crai9 Purrta Christy Puma Address: a? !.H L A Q I "GUARANTORS" 0760 PAGE t OF 1 ©1996 -AIR COMMERCIAL REAL ESTATE ASSOCIATION FORM GR-2-09/06E Page149 EXHIBIT "A" I PRESMISES 0761 Page150 EXHIBIT "B" PROJECT 0762 L Page151 LANDLORD'S RELEASE Borrower: CNC Puma Corporation Lender: Lendistry 28645 Old Town Front Street 330 E Lambert Road, Suite 275 Temecula, CA 92590 Brea, CA 92821 THIS LANDLORD'S RELEASE is entered into among CNC Puma Corporation. ("Borrower'), whose address is 28645 Old Town Front Street, Temecula, CA 92590; Lendistry ("Lender"), whose address is 330 E Lambert Road, Suite 275, Brea, CA 92821; and Zip Third Investments, LLC ("Landlord"), whose address is 929 E. 21'd Street, Ste 101. Las Angeles, CA 90012, Borrower and Lender have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises.. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. COLLATERAL DESCRIPTION. The word "Collateral" means certain of Borrowers personal property in which Lender has acquired or will acquire a security interest, including without limitation the following specific property All inventory, equipment, accounts (including but not limited to all health -care -insurance receivables), chattel paper, Instruments (including but not limited to all promissory notes), letter -of -credit rights, letters of credit, documents, deposit accounts, investment property, money, other rights to payment and performance, and general intangibles (including but not limited to all software and all payment intangibles); all fixtures; all attachments , accessions, accessories, Fittings, increases, tools, parts, repairs, supplies, and commingled goods relating to the foregoing property, and all additions, replacements of and substitutions for all or any part of the foregoing property; all Insurance refunds relating to the foregoing property; all good will relating to the foregoing property; all records and data and embedded software relating to the foregoing property, and all equipment, inventory and software to utilize, create, maintain and process any such records and data on electronic media; and all supporting obligations relating to the foregoing property; all whether now existing or hereafter arising, whether now owned or hereafter acquired or whether now or hereafter subject to any rights in the foregoing property; and all products and proceeds (including but not limited to all insurance payments) of or relating to the foregoing property. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest (or other interest) in the Collateral and disclaims all interests, liens and claims which Landlord now hasor may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES... Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises, If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged, without either repairing any such damage or reimbursing Landlord for the cost of repair. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: This Agreement shall extend to and bind the respective heirs, personal representatives, successors and assignts.of the parties to the Agreement. The covenaphi of Borrower and Landlord respecting subo(dination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to make n effective This Agreement shall be governed by and construed in accordance with the laws of the State of California If Landlord is other than an individual, any agent or other person executing this Agreement on behalf of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such warver is in writing and signed ay Lender. Without notice to Landlord and with0ul affecting the validity of this Ct7rAent Lender [fray do or not do anylning it deems appropriate or necessary with respect to the Loan. any obligors on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, reatranging, or accelerating any of the Loan Indebtedness AMENDMENTS. This Agreement , together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement, No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. NO WAIVER BY LENDER Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender No delay of omission on the part of Lender in exercising any right snap operate as a waiver of such right or any other right, A waiver by Lender of a provision of this Agreement shall not prejudice or eonsdlute a waiver of Lender's fight otterwise to demand strict compliance with that provislon or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Landlord, shall Constiluta a waiver at any of Lender's rights or of taty of Landlord's obligations as in any future transacliohs. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender SEVERABILITY. If a court of competent jurisdiction finds any provision of this Agreement to be illegal, invalid: or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from INS Agreement Unless otherwise required by law , the illegality, invalidity, or unenforeeability of any provision of this Agreement shall not affect the legality, validity or enforceability of any other provision of this Agreement. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Agreement Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require Words and terms not otherwise defined in [his Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code: Agreement The word "Agreement" means this Landlord's Release, as Iris Landlord% Release may be amended or modified from lime to time. togelher with all exhibits and schedules attached to this Landlord's Release from ttnte to time. Borrower, The word "Borrower" means CNC Puma Corporation and includes all co-signers and co -makers signing the Note and all their successors and assigns 0763 Page152 LANDLORD'S RELEASE Loan No: 1448654 (Continued) Page 2 Collateral. The word "Collateral" means all of Borrower's right, title and interest in and to all the Collateral as described in the Collateral Description section of this Agreement. Landlord. The word "Landlord" means Zip Third Investments, LLC, and is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or may become, prior to the interest of Lender. Lender. The word "Lender' means Lendislry, its successors and assigns. Loan. The word "Loan" means any and all loans and financial accommodations from Lender to Borrower whether now or hereafter existing, and however evidenced. Note. The word "Note" means the Note dated , 2018 and executed by CNC Puma, Corporation in the principal amountof $250,000 00, together with all renewals of, extensions of, modifications of, refinancing of, consolidations of, and substitutions for the note or credit agreement. Premises. The word "Premises" means the real property located in Riverside, State of California, commonly known 28645 Old Town Front Street, Temecula, CA 92590 Related Dacumants. The Words "Related DoGumenls" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties , security agreemems, mortgages deeds of trust, security deeds, collateral mortgages, and all other instruments, agreemems and documents , whethernow or hereafter existing . executed in connection with the Loan. BORROWER AND LANDLORD ACKNOVVLEDGE HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S RELEASE . AND BORROWER AND LANDLORD AGREE TO ITS TERMS. THIS AGREEMENT IS GATED 2016 5 e-4— , v + eA Ac of - BORROWER hex f T. ` CNC Puma Corporation By raig uma o ma orp ByGC- �_r LANDLORD: LENDER: LENDISTRY Zip Third Investments, LLC By------`� u Authorized Signer for Zip Third Investments, LLCM Authorized Officer By:_ Authorized Signer for Zip Third Investments, LLC 0764 Page153 ADDENDUM TO LANDLORD'S RELEASE 1. This addendum to Landlord's Release controls where it conflicts with the Release's text. 2. Lender may not remove fixtures. 3. Any damage Lender causes to Landlord's property, including without limitation the Premises and/or fixtures, must be fully repaired within 30 days of the date of damage, at Lender's expense. 4. Lender shall not conduct any sale of personal property on the Premises. 5. Any removal of Collateral from the Premises must be completed within 30 days of written notice from Landlord to Lender that Borrower is no longer in lawful possession of the Premises. 6. This agreement is not made to "induce" Lender. It is an accommodation to Lender and Borrower. 7. ANY DISPUTE BETWEEN ANY THE PARTIES REGARDING THE INTERPRETATION, BREACH, OR ENFORCEMENT OF THE LANDLORD'S RELEASE SHALL BE ARBITRATED, BINDINGLY, BY AN ARBITRATOR APPOINTED BY THE CENTURY CITY, CALIFORNIA OFFICE OF JUDICIAL ARBITRATION AND MEDIATION SERVICES ("JAMS"), WITH THE LOSING PARTY(S) TO PAY THE WINNING PARTY'S(IES') ATTORNEY'S FEES AND COSTS. IN THE INTERIM, THE PARTIES SHALL ADVANCE THE JAMS CHARGES EQUALLY. ALL PARTIES HAVE COUNSEL, ARE SOPHISTICATED, UNDERSTAND THE ADVANTAGES AND DISADVANTAGES OF ARBITRATION, AND WISH TO ARBITRATE. JURISDICTIONAL AND ARBITRABILITY DISPUTES, INCLUDING DISPUTES OVER (A) THE FORMATION, EXISTENCE, VALIDITY, INTERPRETATION OR SCOPE OF THE AGREEMENT UNDER WHICH ARBITRATION IS SOUGHT, AND (B) WHO ARE PROPER PARTIES TO THE ARBITRATION, SHALL BE SUBMITTED TO AND RULED ON BY THE ARBITRATOR. THE ARBITRATOR HAS THE AUTHORITY TO DETERMINE JURISDICTION AND ARBITRABILITY ISSUES AS A PRELIMINARY MATTER. DISPUTES CONCERNING THE APPOINTMENT OF THE ARBITRATOR SHALL BE RESOLVED BY JAMS. BORROWER: CNC Puma, INC. By. -- _- raig S. Puma, CEO of CNC Puma, Inc. /7 -1 y LANDLORD: Zip Third Investments, LLC LENDER: LENDISTRY Authorized Signer of Zip Third Invest nts, I.LC SuNipthird Madden_landlord_release 0765 Authorized Officer Page154 J ,. jM1. I Amwil CNC PUMA CORPORATION ©ML � 6631 law2®646 OLO TOWN FRONT S I'. TEMECULA. CALIFORNIA 92690 mEj 19Sf } 4 jS gf &p . �+ I 7 �I DATE i _ u� -T ,-.,o Y%i.1 i. F,(y4 nnt.Ialzs 8 PACIFIC WE5TUN BANK ;=1 Y m Road 1"a� l.,,,CAV2Ml -R V00663 49' +: L 2 2.238 2❑0t: L00 L06886 311' Page155 Exhibit 3 C1rlstA Page156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusisrwglaw.com 350 Soup,Grand Avenue, 37th Floor I m Angeles, California 90071 telephone: 213.626.8494 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE BEARINGS OAH Case No. 2022051021 DECLARATION OF JENNIFER PETRUSIS IN SUPPORT OF OPPOSITION TO ZIP THIRD'S REQUEST TO DISMISS OR DELAY HEARING AND EXHIBITS HERETO DECLARATION OF "RTER PETRUSIS 11086-0773\2698158v1 doe 0768 Page157 1 DECLARATION OF JENNIFER PETRUSIS 2 I, Jennifer Petrusis, declare as follows: 3 1. I am an attorney at law duly licensed to practice before all of the courts in the State 4 of California. I am a shareholder of the law firm of Richards, Watson & Gershon, a Professional 5 Corporation, counsel of record for City of Temecula in this action. I have personal knowledge of 6 the facts set forth in this Declaration and, if called as a witness, could and would testify 7 competently to such facts under oath. 8 2. This matter is regarding the City of Temecula's recommendation that the 9 Conditional Use Permit issued to Craig Puma for the restaurant operating at 28645 Old Town Front 10 Street in Temecula, California should be revoked. 11 3. Attached hereto as Exhibit D is a true and correct copy of Temecula Municipal Code Z z 0 oQ S 12 section 17.03.085. �o W o Z ` o 13 4. The Notice that the Planning Director Recommends That the CUP Be Revoked was U� 14 sent to the owner, operator, and manager of The Bank with a carbon copy to Zip Third Investments, Q a os 15 LLC ("Zip Third"). A true and correct copy of the Notice indicating the carbon copy to Zip Third = Z 16 is included in Exhibit E after my July 5, 2022 email to Norman Solomon, manager of Zip Third. U o 17 5. Initially, the Notice was sent to Zip Third at the location of The Bank in Temecula, 18 California. After speaking with Mr. Solomon on July 1, 2022, I emailed him a copy of the Notice 19 on July 5, 2022. Attached hereto as Exhibit E is a true and correct copy of my email to Mr. 20 Solomon on July 5, 2022. 21 6. Since I did not receive a response from Mr. Solomon to my July 5, 2022 email, 1 22 sent a letter to Mr. Solomon on July 8, 2022 that also contained as an enclosure the Notice letter. 23 Attached as Exhibit F is a true and correct copy of my July 8, 2022 letter. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on this 29th day of July, 2022, at Los rtgeles, California. 27 28 Jennifer Petrusis -2- DECLARATION OF JENNIFER PETRUSIS 0769 11086-0773\2698158vl doe Page158 EXHIBIT D 0770 Page159 17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 1 of 4 Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.085 Revocations and modifications —Conditional use permits, development plans, and other land use entitlements. A. Revocation. 1. Notice. a. If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged b. The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. i. Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. ii. Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers. 0771 https://library.gcode.us/lib/temecula ca/pub/municipal code/item/title 17-chapter_ 17_03-17_03_... 7/29/2022 Page160 17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 2 of 4 iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. 2. Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17.03.040(B). 3. Fees. The cost of the independent hearing officer shall be paid for by the city. 4. Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties. The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing. https://library.gcode.us/lib/temecula ca/pub/municip77 al_co a/item/title_17-chapter_ 17_03-17_03_... 7/29/2022 Page161 17.03.085 Revocations and modifications --Conditional use permits, development plans, and othe... Page 3 of 4 7. Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. 8. Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing. The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution. (Ord. 20-08 § 4) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0773 https://library.gcode.us/lib/temecula ca/pub/municipal code/item/title_17-chapter 17_03-17_03_... 7/29/2022 Page162 EXHIBIT E 0774 Page163 Mary Greer From: Sent: To: Subject: Attachments: Good morning, Mr. Solomon: Jennifer Petrusis Tuesday, July 5, 2022 9:09 AM 'norm@metro-resources.com' The Bank CUP Revocation Matter 05192022 - Letter.pdf It was a pleasure speaking with you on Friday. Attached is a copy of the notification letter regarding the Planning Director's recommendation that the Conditional Use Permit obtained by Craig Puma and utilized by The Bank restaurant, located at 28645 Old Town Front Street, be revoked. At this point, we are looking at August 30-31 for the hearing before the Office of Administrative Hearings. Based on our conversation on Friday, we will now send you notifications at 3055 Wilshire Blvd., No. 1010, Los Angeles, CA 90010. If that address changes, please let me know and I will update our records. Please let me know if you have any questions about the revocation process. Based on our conversation, I have passed on your request to Luke Watson. I will update you as soon as I hear from him, but in the meantime, I will be continuing the process of setting the revocation matter for hearing. Best regards, Jennifer Jennifer Petrusis Shareholder RICHARDS WATSON GERSHON 350 South Grand Avenue, 37`h Floor Los Angeles, CA 90071 T : 213.626.8484 F : 213.626.0078 D : 213.253.0237 W: rwelaw.com 0775 Page164 CC . K ands ?"aft,( City of Temecula Comnwnity Development 41000 Main Street - Temecula, CA 9Z590 Phone 19511 694-6400 - fax 1951) 694-6477 - TemeculaCA,gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0776 Page165 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA 12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at l l p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) March 26, 2021 $250.00 Citation (Paid) March 27, 2021 $250.00 Citation (Paid) n April 2, 2021 $250.00 Citation (Paid) ® April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) m April 16, 2021 $250.00 Citation (Paid) April 17, 2021 $250.00 Citation (Paid) 1114&A Page166 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 April 23, 2021 $250.00 Citation (Delinquent) April 24, 2021 $250.00 Citation (Delinquent) April 30, 2021 $250.00 Citation (Delinquent) a May 1, 2021 $250.00 Citation (Delinquent) May 7, 2021 $250.00 Citation (Paid) a May 8, 2021 $250.00 Citation (Paid) May 14, 2021 $250.00 Citation (Delinquent) p May 15, 2021 $250.00 Citation (Delinquent) May 21, 2021 $250.00 Citation (Delinquent) May 22, 2021 $250.00 Citation (Delinquent) Q June 4, 2021 $250.00 Citation (Delinquent) June 5, 2021 $250.00 Citation (Delinquent) June 11, 2021 $250.00 Citation (Delinquent) June 12, 2021 $250.00 Citation (Delinquent) ® July 2, 2021 $250.00 Citation (Paid) July 3, 2021 $250.00 Citation (Paid) ■ July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) July 31, 2021 $1,000 Civil Penalty (Paid) August 1, 2021 $1,000 Civil Penalty (Paid) August 6, 2021 $1,000 Civil Penalty, (Paid) August 7, 2021 $1,000 Civil Penalty (Paid) ■ August 8, 2021 $1,000 Civil Penalty (Paid) Page167 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) Page168 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 ■ November 12, 2021 $1,000 Civil Penalty (Paid) November 13, 2021 $1,000 Civil Penalty (Paid) November 19, 2021$1,000 Civil Penalty (Paid) C November20, 2021 $1,000 Civil Penalty (Paid) December 3, 2021 $1,000 Civil Penalty (Paid) m December 4, 2021 $1,000 Civil Penalty (Paid) December 10, 2021 $1,000 Civil Penalty (Paid) December 17, 2021 $1,000 Civil Penalty (Paid) 4 December 18, 2021 $1,000 Civil Penalty (Paid) December 31, 2021 $1,000 Civil Penalty (Paid) January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) January 23, 2022 $1,000 Civil Penalty (Delinquent) January 28, 2022 $1,000 Civil Penalty (Delinquent) January 29, 2022 $1,000 Civil Penalty (Delinquent) 4 February 4, 2022 $1,000 Civil Penalty (Delinquent) o February 5, 2022 $1,000 Civil Penalty (Delinquent) February 11, 2022 $1,000 Civil Penalty (Delinquent) February 12, 2022 $1,000 Civil Penalty (Delinquent) February 18, 2022 $1,000 Civil Penalty (Delinquent) Page169 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 1 l p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. April 9, 2021 $50.00 Citation (Paid) April 10, 2021 $150.00 Citation (Paid) April 16, 2021 $250.00 Citation (Paid) April 17, 2021 $250.00 Citation (Paid) m April 23, 2021 $250.00 Citation (Delinquent) April 24, 2021 $250.00 Citation (Delinquent) ® April 30, 2021 $250.00 Citation (Delinquent) a May 1, 2021 $250.00 Citation (Delinquent) May 8, 2021 $250.00 Citation (Paid) May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250.00 Citation (Delinquent) May 21, 2021 $250.00 Citation (Delinquent) e May 22, 2021 $250.00 Citation (Delinquent) Page170 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03:085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 0782 Page171 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP, Additional information regarding the hearing process can be found at TMC Section 17.03.085. e Watson Deputy City Manager Enclosures cc: Zip Third investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada VSS 1T3 Randi Johl, City Clerk 0783 Page172 0 City of Temecula tommunity DevNopment 41000 Main Street ■ Temecula, CA 92590 Malling RddfeSS: P.O. Box 4033 •Temecula. CA 92589 R033 Phone 19511694.6400 ■ Fax f951J b94-6477 • www.rlWortemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal It within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be riled. This approval Is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration dale. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fisk+rc 61yoftemecla.orq. Sincerely. art ��N Flsk,AICP Senior Planner Enclosures: Conditions of Approval ® rnnnw on Re'W84WEANNING120121PAV-0041 Bank of Mexican Food MOMPlanning\APPROVAL LTRADc Page173 0 0 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the Civs own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Including actions approved by the voters of the City., concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or Instrurnentallty thereof, or any of Its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the actlon. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2, The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the Cityrs Development Code. WPLANNINGM121PA12-0041 Bank of Mexican Food MODVIanningTINAL C:OA-CUP.doc 1 0785 Page174 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addltlon to, and not In -lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions Imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6, The per mlttee shall submit a minor modification application to be approved for any exterior changes made to the building, Including any fencing or gates that may be constructed in the future. 7. This approval shall be used within two years of the approval date; otherwise, It shall become null and void. By use is mearitthebeginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligentiy pursued to completion, or the beginning of substantial ut€llzatfon contemplated by this approval. 8. if commencement of the use has not occurred within two years of approval of this permit, the petmittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year Increments only. 9, Indoor dinner entertainment consisting of one keyboard or other Instrument played with one vocalist for the purpose of providing background music Is permitted daily from noon until 10:00 P.M. 10. Priorto an employee selling alcohol from this facility, the.alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L. E.A.D), or received training from any other program centred by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 11, An 8.5" x 11" (or larger) sign listing local transportation -service providers and comssponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cince De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholle beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturday&. To distinguish boiwoon ABC requirements related to sale, service and consumption, the consumption of alcohol shall ease* no later than one hour after closing. (As amended at Directors Hearing on 11.3108). G:IPLANNINIM0121PA12-0041 Bank of Maidean Food M0D1PIenn1ngW1NAL COA-CUP.doa 2 age 175 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be compiled with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are In force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 at al). 17. The applicant shall comply with the requirements of the Fire Code permit prccess and update any changes In the Items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fite Code and is subject to inspection (CFC 105). 18, Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinklersystem. plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fine Prevention Bureau. 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permitforthe fire -alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the Installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system Is not tied into the the alarm system, It will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Q PLANNIN0120121PA12 0041 Bank of Mexican Food MOWlanningTINAL COA-CUP.doc 3 0787 Page176 0 0 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m.,11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open, Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine), 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25, identlfication will be verified utilizing one of the following: a. A valid Califomia driver's license b. A valid Califomia identification card C. A valid military Identification card (active/reserve/rotired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States S. A valid U.S_ Passport f. A valid government Issued identification card issued by a Federal, State, Countyor City agency 26. As noted above, only a valid government issued Identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code), a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27 Applicant will ensure all employees Involved with the sales, service and identfication checks for the purpose of any sales of alcoholic beverages is trained In the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved In the service and sales of alcoholic beverages. Also, the Temecula Pollce Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training Is provided free of charge by the Temecula Pollee Department. G:IPLANNINM2910PA12-004.1 Bank or Mexlaan Foal MOMPIvnningTINAL COA-CUPAoo 4 Page177 46 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m, and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m, and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 UP). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 UP). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether In plainclothes or uniform, peace officers have the legal right to visit and Inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the prernlises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a Peace officer. (Sections 25616, 25753, and 25765 S&P: 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many on, crimes inside such as drunks, tights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot, (Section 26BOI a&P; 316 PC.). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 Inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311,6 PC If conduct is obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside wIH be forwarded under separate cover. G. PLANNING120121PA12.0041 Bank of McAcan Food MOo1PlanninglFINAL COA-CUP,doc 6 11 • Page178 .& 0 Cif of Temecula(00 Planning Department 43200 Business Park Drive a Temecula, CA 92590 - Mailing Address: P 0. Box 9033 • Temecula, CA 92589-9033 (951) 694.6400 - FAX (951) 694.6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr, Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010,J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare, The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNING1200r31PA06.0236 Bank of Mexico Minor MOD1Planning\APPROVAL LETTER ADMINISTRATIVE doc 111FAII'I11 Page179 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request, Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this .etter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951 ) 694-6400 or by email at your katio.lecowle ra]cityaftemeculz.orc�, Sincerely, Katie Innes Assistant Planner Kllks Enclosures; Final Conditions of Approval Acceptance of Conditions of Approval cc Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 GVLANNING1200MPA08.0236 Bank of Mexico Minor MODSanningWPROVAL LETTER ADMINISTRATIVE.doc 0791 Page180 1 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DMVE: PERMITS PLUS INITIALS: PLANNER: Page181 Ell E AG'CEPTANCE OF COMMONS OF AMPROVAL I, Craig Puma understand that Planning Application No. PAOB-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read'the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE DATE 0793 Page182 EXHIBIT A CITY OF TEMECULA FINAL CONDOTION8 OF APPROVAL Planning Application No,: PAb8-0236 Project Descrip-tion: A Minor Modification to an approved Minor Conditional 0se Permit (PA07-0314), to extend the hours of operation for the sale, service and consumptipn of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street. Assessor's Parcel No.: 922-036-011 MSHCP Category: NIA DIF Category: NIA TURF Category: NIA Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1, The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 150U2. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department.' General Requirements PL-3.. The applicant and owner of the real properly subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend' the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments,. or proceedings against the City to attack, set- aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0794 Page183 '* MIN• ,r City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative booty including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for. purposes of this condition, to include any agency or Instrumertality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel. and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shaft further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4- The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval PL-5 This Condilional Use Permit may be revoked pursuant to Section 17,03.080 of the City's Development Code PL-6 The City, 'and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to. review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed cia,curnstances include, but are not limited to the modif cation of the business, a change In scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit PL-8 The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. PL-9 This approval shall be used within two years of the approval date; .otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which 'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10 If commencement of the use. has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only, PL-11 Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E.A.D.), or received training from. any other program certified by 1 0795 Page184 tie California Department of Alcoholic Beverage Control, (As amended at Director's Hearing on 1f3M) PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13 Regular hours of operation shall be as follows, Monday -Thursday 11a m to 10 p m , Friday 11 a,m. to 11 p m , Saturday 8 a m. to 11 p,m. and Sunday 8 a m, to 10 p m. PL-14 In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 3.m. When this occurs, alcoholic.beverages may be seFvr,r+ until 2A0 a.m. as consis�ent with the provisions of California State Law. PL-15 "Last call" for alcohol service shall occur at 1; 30 a m, as consistent with California State Law. PL-16. A separate building permit shall be obtained prior to the commencement of construction,'tenant improvement or other interior or exterior improvements requiring building permits PL-17 All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18 All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. 111FAII'I1 Page185 11 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLIES: INITIALS: PLANNER: G:1Plann"%20071PA07.0314 The Bank Upgrade 10 Type 47 Minor CUPIPlanningWINAL COA-CUP.doe 1 Page186 E ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. S/GNAT E I- i � r)31 DA TE G:1PIann1ng120071PA07.0314 The Bank Upgrade to Type 47 Minor C1JP1PIann1nglF1NAI COA-CUP.doe 2 I 0798 - - -- -- Page 187 0 0 City of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 a Mailing Address: P.O. Box 9033 s Temecula, CA 92589.9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application upgrade an existing authorizing the sale restaurant Dear Mr. Puma: No. PA07-0314, a Minor Conditional Use Permit to Type-41 ABC license to a Type•47 ABC license of beer, wine and distilled spirits at an existing On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal perlcd and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at kalie.L(,icula.org. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Pianning%20071PA07-0314 The Bank Upgrade to Type 47 Minor CURPlanningWPROVAL LTR doc C1��'1s1 Page188 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 022-036.011 MSHCP Category: NIA DIF Category: NIA TUMF Category: N/A Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to His the Notice of Exernplion as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the appllcant/developer has not delivered to the Pianning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code 'Section 711 A(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. GAPIanning=071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlann1rtgWfNAL COXCUPRdoc 3 111:111I11 Page189 GENERAL REQUIREMENTS G:%Rannlnp%20D7lPA07-0314 The Bank Upgrade to Type 47 Minor CUP1PianninglFINAL COA-CUP.doc 4 Page190 E Planning Department 0 The applicant and owner of the real properly subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or Indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appoinled officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be In the best Interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and ]urlsdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, raeonflguratlon or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, Its Planning Director, Planning Commission, and City Council is In addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. B. The permitlee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future, 9 This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which Is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only, GV1ann1ng=0A1'A07-0314 The Bank Upgrade to Type 47 Minor CURPlanningWINAL COXCUP.doc 5 Page191 0 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Aicoho/and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11a.m. to 10 p.m„ Friday 11 a.m. toll p.m., Saturday 8 a.m. toll p.m, and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14 A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system, Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and GAPIanning1200APA07-0314 The Bank Upgrade to Type 47 Minor CUP1PIanningWINAL COA•CUP doc 6 111:1111Kj Page192 0 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris, 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's webslte at www.cityoftemecula.org; under Chapter 5.06 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24, Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m„ 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p,m. Premises that are not open rive days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25, Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government Issued identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing It complies with the below requirements (26660 Business and Profession Code): a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) G:1PIann1ngW071PA07.0314 The Bank Upgrade to Type 47 Minor CLIMPIanningVFINAL COXCUPACC 7 Page193 E 0 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police [department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between, 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 26631 B&P code). Licensees may not permit patrons or employees to consume alcohol betvmen 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Sac(ion 25032 BAP). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, laud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, ,prostitution, narcotics, etc, The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the Immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus, (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct Is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAP1ann1ng%20071PA07-0314 The Bank Upgrade io Type 47 Minor CUP1PlanninglFINAL COA-CUP,doc 13 Page194 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mail Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. GAPInnning120071PA07.0914 The Bank Upgrade to Type 47 Minor CUPIPIanningWINAL COA-CUP.doe 9 Page195 0 0 DH RESOLUTION NO.08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA. APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G \Planning\2007\PA07.0314 The Bank Upgrade to Type 47 Minor CUP\Planning\DH RESOLUTION EXEMPT FROM CEQA doc i Page196 0 0 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan, The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. a. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use Is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-4 1 (on -sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilitles, buffer areas, landscaping, and other development features prescribed In the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. GAI'lannin812 OVA07-0J I4 The Bank Upgrade to Type 47 Minor CU P\PlanninglDH RESOLUTION EXEMPT FROM CEQA.doc 2 Page197 0 0 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. it has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the roquest for the licenso upgrade and solo of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. It has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure, The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises, Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G 1Planning12007\PA07-07 t4 The Bank Upgrade to Type 47 Minor CUNPIanning\DH RESOLUTION EXEMPT FROM CEQA.doc t Page198 L] E Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this V day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-001 was (lily and regularly adopted by the Director of Planning of the City of Tomocula at a re(jular meeting thereof held on the 3►d day of January 2008. Kat-Simpldfcr ary C:1PIanning12007WA07-0714 The Bank Upgrade to Type 47 MinorCUPWIanning\DH RESOLUTION EXEMPT FROM CEQA.doc 4 Page199 EXHIBIT F 0811 Page 200 //RWG SAW July 8, 2022 VIA ELECTRONIC MAIL & U. S. MAIL Norman Solomon Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 norm @ metro -reso u rce s.co m Jennifer Petrusis T 213,626.8484 F 213.626.0078 E Jpetrusls@rwglaw.com 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends That Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear Mr. Solomon: I am writing to follow up on our telephone conversation on Friday, July 1, 2022, during which we discussed the City of Temecula Planning Director's recommendation that the Conditional Use Permit for the property located at 28645 Old Town Front Street be revoked. You provided me with your e-mail address and your preferred mail address, and I emailed you a copy of the Notification letter from the Planning Director on Tuesday, July 5, 2022. Since I have not received a response to my e-mails, including those regarding proposed hearing dates, I am sending the Notification letter to you by mail to make sure you receive it well before the hearing date. As I mentioned in my e-mails, the City and its witnesses are available August 30- September 2, 2022. Mr. Puma has confirmed that he is also available during that time period. have not received confirmation one way or the other from Amanda Moore. During our conversation on July 1, 2022, you also asked if the City would consider delaying the revocation matter. The City declines your request and it will be proceeding with the revocation matter. Please feel free to contact me if you have any questions. Very truly yours, J n iferetrusis Enclosure(s) 11086-0773\2689"5v1.doc San Francisco Orange County Temecula Cevjbcja� Page 201 CC . KmU W City of Temecula J - Community Development 41000 Main Street • Temecula, CA 92590 Phone (951] 694-6400 • Fax 1951) 694-6477 • TemeculaCA,gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0813 Page 202 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m, to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: March 5, 2021 $50.00 Citation (Paid) March 6, 2021 $150.00 Citation (Paid) March 12, 2021 $250.00 Citation (Paid) March 19, 2021 $250.00 Citation (Paid) March 20, 2021 $250.00 Citation (Paid) o March 26, 2021 $250.00 Citation (Paid) March 27, 2021 $250.00 Citation (Paid) April 2, 2021 $250.00 Citation (Paid) April 9, 2021 $250.00 Citation (Paid) April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) April 16, 2021 $250.00 Citation (Paid) April 17, 2021 $250.00 Citation (Paid) Page 203 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) ® April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) May 7, 2021 $250.00 Citation (Paid) May 8, 2021 $250.00 Citation (Paid) May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250.00 Citation (Delinquent) May 21, 2021 $250.00 Citation (Delinquent) a May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) June 11, 2021 $250.00 Citation (Delinquent) June 12, 2021 $250.00 Citation (Delinquent) July 2, 2021 $250.00 Citation (Paid) July 3, 2021 $250.00 Citation (Paid) July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) July 31, 2021 $1,000 Civil Penalty (Paid) August 1, 2021 $1,000 Civil Penalty (Paid) ■ August 6, 2021 $1,000 Civil Penalty (Paid) ® August 7, 2021 $1,000 Civil Penalty (Paid) August 8, 2021 $1,000 Civil Penalty (Paid) Page 204 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 August 13, 2021 $1,000 Civil Penalty (Paid) n August 14, 2021 $1,000 Civil Penalty (Paid) August 20, 2021 $1,000 Civil Penalty (Paid) a August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) September 10, 2021 $1,000 Civil Penalty (Paid) September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1;000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 1: . Page 205 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) December 4, 2021 $1,000 Civil Penalty (Paid) December 10, 2021 $1,000 Civil Penalty (Paid) December 17, 2021 $1,000 Civil Penalty (Paid) December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) January 8, 2022 $1,000 Civil Penalty (Paid) January 15, 2022 $1,000 Civil Penalty (Delinquent) January 16, 2022 $1,000 Civil Penalty (Delinquent) o January 22, 2022 $1,000 Civil Penalty (Delinquent) January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) Page 206 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 0 February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. April 9, 2021 $50.00 Citation (Paid) * April 10, 2021 $150.00 Citation (Paid) April 16, 2021 $250.00 Citation (Paid) * April 17, 2021 $250.00 Citation (Paid) April 23, 2021 $250.00 Citation (Delinquent) * April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) * May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) Page 207 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) July 2, 2021 $250.00 Citation (Paid) June 11, 2021 $250.00 Citation (Delinquent) s June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff s Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. Page 208 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. Regal , , c Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S, Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk 1: 1 Page 209 01 City of Temecula_. community Development 41000 Main Street • Temecula, CA 92590 Mailing Address: P.O. Box 9033 o Temecula. CA 92569-9033 Phone 1951) 694.6400 - Fax 19511 694-6477 , www.cltyoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval Is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuari.frsk cit oftemecla.or . Sincerely,- Xuartk, AICP Senior Planner Enclosures: Conditions of Approval Is Phnua on aecrMVIgNNING120121PA12-0041 Bank of Mexican Food MOMPlanninglAPPROVAL LTR.doc Page 210 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12.0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036.011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, jridgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shag promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens In regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the Clty's Development Code. GAP NING120121PA12-0041 Bank of Mexican Food MOD1PIanningTINAL CAA-CUP.doc 1 0822 Page 211 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not In -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions Imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 7. This approval shall be. used within two years of the approval date; otherwise, It shall became null and vold. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencement of the use has not occurred within two years of approval of this permit, the perrnittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted In one-year Increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Prior to an employee selling alcohol from this facility, the. alcohol licensee oremployer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 11. An 8.5" x 11" (or larger) sign listing local transportation -service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco Do Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday Thursday and Sunday. The smile of alcohol shall crass at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall curse no later than one hour after closing. (As amended at Directors Hearing on 1/31.08). GAPLANNINCi1Y0121PA12.0041 Bank of Mexican Food MODWIenningTINAL COA-CUP.doc 2 1t_1-**j Page 212 13, A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other Interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with priorto occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are In force at the time of building plan submittal. 16. During remodeling andfor addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 at al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shalt be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and Is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval, Three sets of sprinkler plans must be submitted by the Installing contractor to the Fire Prevention Bureau. Iw 19. Prior to Issuance of building permit, any changes affecting the fire,alarm system shall require a permitforthe fire -alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the Installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ore alarm system, It will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the CAys franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the Citys website at www.cityaftemecula.org; under Chapter 5.08 of the Municipal Code. 22, Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. G- PLANNINOW21PA12-0041 Bank of Mexican Food M0D%PIannrng1FINAL COA-CUP.doo 3 Page 213 0 0 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal ;lours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification cane G. A valid military Identlfication card (active/reserve/retired/dependent) d. A valid drivers license from any of the fifty States or Terdtories of the United States e. A valid U.S. Passport f. A valid government issued identification card Issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued Identification card issued by a Federal, State, County or City (municipal) agency Is acceptable, providing It complies with the below requirements (25660 Business and Profession Code); a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. GAPLANNING120129Al2.004.1 Bank of Mexlaan Food M0D13Ianning\FINAL COA-CUP doo 4 Page 214 L-1 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m, and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 S&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even If someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of peace OfficerslRefusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn taw enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25.753, and 25755 S&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (art or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot. (Section 25601 B&P; 316 PC.). d. Entertainers and Conduct: On -gale licensees who offerentertalnment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual Intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 Inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., Intercourse, sodomy, masturbation, etc.) Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. GAPLANNING120121PA12-0041 Bank or McAcan Food MOD"anningWINAL COA-CUP.doc 5 Page 215 0 C#y of TemeculaA4a* Planning Department 43200 Business Park Drive • Temecula, CA 92590 ■ Mailing Address: P.O. Box 9033 • Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694.6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PAOl3-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17,04.010A 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the 'thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service Are consistent with the provisions of state law, 2, The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license, When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features, It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNINGi20081PA08.0236 Bank of Mexico Mlnor MODIPIanningWPROVAL LETTER ADMINISTRATIVE.doc 111**A Page 216 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request, Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. it has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your kra6e.1ur.o)1r9 e dc:i_ hyliecula.cxg, Sincerely, Katie Innes Assistant Planner KI/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 WPLANNING00081PA08.0236 Bank of Mexico Minor MOD113Ianning\APPROVAL LETTER ADMINISTRATIVE.doc • Page 217 LA EXHIBIT A FINIAL CONDITIONS OF APPROVAL (00 SCANNED: G DROVE: PERMITS PLUS: INIMALS PLANNER: Page 218 11 1-1 i, Craig Puma understand that Planing Application No. PA08-0236 leas been approved with Conditions of Approval which are set forth in Exhibit A, I have read,the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS DF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNA TORE DA TE Page 219 Sala EXHIBIT A CITY OF TEMECULA FINAL CONDOTIONS OF APPROVAL Planning Applicadoh No.: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional Use Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street. Assessor's Parcel No.: 922-036-011 MSHCP Category: NIA DIF Category: N/A TUAIF Category: N/A Approval Date: October 9, 2008 Eupiratibn Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1 The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enabte the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15052. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3, The applicant and owner of the real properly subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend, the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments,, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 0831 Page 220 0 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Including actions approved by the voters of the City, concerning the Planning Application The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel. and agents. - City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PLA The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval PL-5. This Conditional Use Permit may be revoked pursuant to Section 1 7.03.080 of theCity's Development Code PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve tfle right and jurisdiction to- review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include. but are not limited to the modification of the business, a change In scope, emphasis. size or nature of the business, and the expansions, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition orottier code violation thereon. PL-7 The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit PL-8 The- permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future PL=9 This approval shall be used within two years of the approval date; .otherwise it shall bt,come null Lind void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which 'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10 If commencement of the use, has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, epply for up to 3 one-year extensions of time Each extension of time shall be granted in one-year increments only. PL-11 Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E A.D.), or received training from.an.y other prograin certified by 1 0832 Page 221 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1f3/D8) PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compiiation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090), PL-13 Regular hours of operation shall be as follows Monday -Thursday 11a m to 10 p m., -Friday 11 a.m, to 11 p m., Saturday 8 a m. to 11 p,m and Sunday 8 a m, to 10 p m. PL-14 In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she maybe permitted to stay open until 2:QC'. a.m When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. Lm1 5 "Last call' for alcohol service shall occur at 1:30 a m, as consistent with California State Law. PL-16. A separate building permit shall be obtained prior to the commencement of construction,,tenant improvement or other interior or exterior improvements requiring building permits flL,,1 t All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit I L-18 All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above, 0833 Page 222 0 EXHIBIT A 11 FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G-%Planning120071PA07-0314 The Bank Upgrade to Type 47 Minor CURPIenninglFINAL COA-CUP.doc 1 Page 223 E 11 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. SIGNA T E DATE GAPIanning\20071PA07.0314 The Bank Upgrade to Type 47 Minor CUP%PIanning\FINAL COA•CUP.dor 2 0835 Page 224 0 0 C1* of Teme cula Planning Department 43200 Busiues,s Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 s Temecula. CA 92589.9033 (951) 694.6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-031+4, a Minor Conditional Use Permit to upgrade an existing Type41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process, If you have any questions regarding this subject or approval, please contact me at (951) 694-5400 or by email at k�3tse-I�rnmtla r`�iclt o(lrilac�c�tla Grg. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanningWPROVAL LTR doc Page 225 0 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314' Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The spplicantldeveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County adminisiraiive fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)j. 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. GAPIenning120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PianningVINAL COXCUP.doc 3 0837 Page 226 9 GENERAL REQUIREMENTS C1 GVlanningQ007%PA07-Oa14 The Bank Upgrade to Type 47 Minor CURPIenningWINAL COA•CUP.doc 4 • Page 227 Planning Department The applicant and owner of the real property subject to this condition shah hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best Interest of the City and its citizens In regards to such defense. 4. The applicant shall compiy with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. this Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change In scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is In addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Comm tssIon, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit, 8. The perrnittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that maybe constructed In the future. This approval shall be used within two years of the approval date, otherwise, It shall become null and vold. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G:Ip1ann1ng120onJ3A07.0914 The Bank Upgrade to Type 47 Minor CUNPIanningWINAI COA•CUP.doc 5 Page 228 0 9 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows; Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a-m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal, 17. During remodeling andlor addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18 The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20 Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans roust be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G %PlannonM2007\PA07-0314 The Hank Upgrade to Type 47 Minor CUPIPlanning\FINAL COA•CUP.dor 6 Page 229 0 0 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's webslte at www.cityottemecula.org: under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD veriflcetion of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale Of bear and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meats, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m.,11:00 a.m. — 2:00 p,m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97.07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California Identification card c. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government Issued Identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing It complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAP1ann1ng1200rPA07-1D314 The Bank Upgrade to Type 47 Minor CUMPlanninglFINAL COA-CUP doc 7 Ctisr"ii Page 230 0 0 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training dale. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m, at the Police Mall Office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink Or by the package) between 2:00 a.m. and 6:00 a,m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit palmns or employees to consume alcohol between 2:00 a.m. and 6:00 a,m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace OfficerslRefusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This Includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area withtn the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the promises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, Loitering, littering, vandalism, urination or defecation, gref#iti, ate., andlor (b) has many ongoing crlmes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, bullocks. anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the Iicensed premises who exposes to public view any portion of hls or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC If conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAP1enn1ngl20071PA07-0314 The 6enk Upgrade to Type 47 Minor cUPlPlanninglFINAI COA-CUP.doc Page 231 0 0 e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall 5lorefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. O:1PInmIng12007%PA07.0314 The Bank Upgrade b Type 47 Minor CURPIenOMFINAL COA-CUP.doe 9 I•. Page 232 0 DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA, APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr, Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by Slate and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Cade and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale Meer and wine — eating place) to a Type 47license (on -sale general — eating place) for an G 1Planning\2007\PA07-03 14 The Bank Upgrade to Type 47 Minor CUP\PlanuiuglDH RESOLUTION EXEMPT FROM CEQA doc Page 233 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan, The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area, The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G:kP1anning120011PA07-0314 The Bank Upgrade to Type 47 Minor CUP%PIanning\DH RESOLUTION EXEMPT FROM CEQA.doc 2 Page 234 0 0 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and solo of alcoholic products at the project site. Section 3. Environmental Finding. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. /t has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. 0APIanning\2007\PA07-0314 The Bank Upgrade to Type 47 Minor CUP\P1anning%DH RESOLUTION EXEMPT FROM CEQA doc I II • Page 235 11 E Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning 1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No, 08-001 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3'd day of January 2008. --- C;\Plinn ing\2007\PA07-0314 The Bank Upgrade 10 Type 47 Minor CUP\PlanninglDH RESOLUTION EXEMPT FROM CEQA.doc 4 F • i Page 236 10 o- J, N 12 ir g W V z z13 02 1--& 14 3` o 15 E� < Ti 16 Ua Ix tz 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE In Re The Bank OAH Case No. 2022051021 I, Mary Greer, declare: I am a resident of the State of California and over the age of eighteen years and not a party to the within action. My business address is 350 South Grand Avenue, 37th Floor, Los Angeles, California 90071. On July 29, 2022, I served the within document(s) described as: DECLARATION OF JENNIFER PETRUSIS IN SUPPORT OF OPPOSITION TO ZIP THIRD'S REQUEST TO DISMISS OR DELAY HEARING AND EXHIBITS HERETO on the interested parties in this action as stated on the attached mailing list. N] (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Los Angeles, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 0 (BY ELECTRONIC SERVICE) By submitting an electronic version of the document(s) to OAH through their user interface. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 29, 2022, at Los Angeles, California. 11086-077312698255v1.doc �Mary Greer -1- PROOF OF SERVICE 0848 Page 237 1 SERVICE LIST 2 Via US Mail Via US Mail and E-Service Brand Landon Craig Puma 3 CNC Puma Corporation 28645 Old Town Front Street 27555 Ynez Road, Suite 110 Temecula, CA 92590 4 Temecula, CA 92591 cl2uinavi r� mail.coni 5 Via US Mail and E-Service Via US Mail and E-Service 6 Amanda Moore Elizabeth L. Martyn The Bank COLE HUBER LLP 7 28645 Old Town Front Street 2855 E. Guasti Road, Suite 402 Temecula, CA 92590 Ontario, CA 91761 8 liiy5kldsiiiallia(dkaiiiaii-co111 iiiartyniaw2000&o -coo 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PROOF OF SERVICE 0849 11086-077312698255v1.doc Page 238 Exhibit 4 Page 239 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 1 of 13 Attorney or Party Name, Address, Telephone & FAX FOR COURT USE ONLY Nos., State Bar No. & Email Address Lazaro E. Fernandez, Esq. (#134430) Law Office of Lazaro E. Fernandez, Inc. 3600 Lime Street, Suite 326 Riverside, CA 92501 T: (951) 684-4474 F: (951) 684-4625 Email: lef17@pacbell.net ❑ Individual appearing without attorney ® Attorney for. -Zip Third Investments, LLC UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - RIVERSIDE DIVISION In re: CASE NO.: 6:20-bk-17551-WJ CNC PUMA CORPORATION, CHAPTER: 11 a.k.a. THE BANK PLATES & POURS, a.k.a. THE BANK OF MEXICAN FOOD NOTICE OF MOTION AND MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY UNDER 11 U.S.C. § 362(I) (with supporting declarations) (UNLAWFUL DETAINER) DATE: TIME: Debtor(s). COURTROOM:304 Movant: Zip Third INvestments, LLC 1. Hearing Location: ❑ 255 East Temple Street, Los Angeles, CA 90012 ❑ 21041 Burbank Boulevard, Woodland Hills, CA 91367 ® 3420 Twelfth Street, Riverside, CA 92501 ❑ 411 West Fourth Street, Santa Ana, CA 92701 ❑ 1415 State Street, Santa Barbara, CA 93101 2. Notice is given to the Debtor and trustee (if any)(Responding Parties), their attorneys (if any), and other interested parties that on the date and time and in the courtroom stated above, Movant will request that this court enter an order granting relief from the automatic stay as to Debtor and Debtor's bankruptcy estate on the grounds set forth in the attached Motion. 3. To file a response to the motion, you may obtain an approved court format www.cacb.uscourts.gov/forms for use in preparing your response (optional LBR form F 4001-1.RFS.RESPONSE), or you may prepare your response using the format required by LBR 9004-1 and the Court Manual. This form is mandatory. It has been approved for use in MiW.,5tates Bankruptcy Court for the Central District of California. ol June 2014 Page 1 F 4001-1.RFS.UD.MOTION Page 240 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 2 of 13 4. When serving a response to the motion, serve a copy of it upon the Movant's attorney (or upon Movant, if the motion was filed by an unrepresented individual) at the address set forth above. 5. If you fail to timely file and serve a written response to the motion, or fail to appear at the hearing, the court may deem such failure as consent to granting of the motion. 6. ❑ This motion is being heard on REGULAR NOTICE pursuant to LBR 9013-1(d). If you wish to oppose this motion, you must file and serve a written response to this motion no later than 14 days before the hearing and appear at the hearing. 7. ❑ This motion is being heard on SHORTENED NOTICE pursuant to LBR 9075-1(b). If you wish to oppose this motion, you must file and serve a response no later than (date) and (time) ; and, you may appear at the hearing. a. ❑ An application for order setting hearing on shortened notice was not required (according to the calendaring procedures of the assigned judge). b. ® An application for order setting hearing on shortened notice was filed and was granted by the court and such motion and order have been or are being served upon the Debtor and upon the trustee (if any). c. ❑ An application for order setting hearing on shortened notice was filed and remains pending. After the court rules on that application, you will be served with another notice or an order that specifies the date, time and place of the hearing on the attached motion and the deadline for filing and serving a written opposition to the motion. Date: 08/16/2022 Law Office of Lazaro E. Fernandez, Inc. Printed name of law firm (if applicable) Lazaro E. Fernandez Printed name of individual Movant or attorney for Movant Signature of in i 'dual Mo t ar attorn y for Mov t This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. June 2014 F- if . F 4001-1.RFS.UD.MOTION -�..n... _.. ,. �...... Page.241 ... Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 3 of 13 MOTION FOR RELIEF FROM THE AUTOMATIC STAY OR FOR ORDER CONFIRMING THAT THE AUTOMATIC STAY DOES NOT APPLY (Unlawful Detainer) 1. Movant is the: a. 0 Owner of the Property b. ❑ Authorized Agent of the owner of the Property c. ❑ Other (specify): 2. The Property at Issue (Property): Type of Property: ❑ Residential ® Nonresidential Street Address: 28645 Old Town Front Street Unit/Suite Number. City, State, Zip Code: Temecula, CA 92590-2703 3. Bankruptcy Case History: a. ® A voluntary ❑ An involuntary petition under chapter ❑ 7 ® 11 ❑ 12 ❑ 13 was filed on (date): 11/19/2020 b. ❑ An order to convert this case to chapter ❑ 7 ❑ 11 ❑ 12 ❑ 13 was entered on (date): c. ❑ A plan was confirmed on (date): 4. Pursuant to 11.U.S.C. § 362(b)(22) and (23) there is no stay because (check all that apply): a. ❑ Movant commenced an eviction, unlawful detainer action or similar proceeding against the Debtor involving residential property in which the Debtor resides and: (1) ❑ The Debtor has not filed and served on Movant the certification required under 11 U.S.C. § 362(I)(1). (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured. (4) ❑ Movant filed and served an objection to the Debtor's certification. A copy of the objection is attached as Exhibit . A hearing on this objection is set for (date) 5. Grounds for Relief from Stay: (check all that apply) a. ❑ Pursuant to 11 U.S.C. § 362(d)(1), cause exists because, as of the bankruptcy petition date, the Debtor had no right to continued occupancy of the premises, as follows: (1) ❑ Movant caused a notice to quit to be served on the Debtor. (2) ❑ An unlawful detainer proceeding was commenced on (date) (3) ❑ An unlawful detainer judgment was entered on (date) This form is mandatory. It has been approved for use in tlggd,States Bankruptcy Court for the Central District of California. June 2014 Page 3 F 4001-1.RFS.UD.MOTION Page 242 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 4 of 13 (4) ❑ Movant acquired title to the Property by foreclosure sale before the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. (5) ❑ Movant acquired title to the Property by foreclosure sale after the bankruptcy petition was filed and recorded the deed within the period provided by state law for perfection. b. ® Pursuant to 11 U.S.C. § 362(d)(1) the Debtor's right to possession should be terminated because (check all that apply): (1) ❑ The lease or other right of occupancy expired by its terms on (date) (2) ❑ The lease has matured, been rejected or deemed rejected by operation of law on (date) (3) ❑ Lease payments have not been made after the filing of the bankruptcy petition. (4) ❑ An unlawful detainer action was filed to obtain ,possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant filed and served upon the Debtor a certification that ❑ such an action was filed or ❑ that within the 30 days preceding the certification, the Debtor has endangered the subject Property or illegally allowed the use of controlled substances on the Property. A copy of Movant's certification is attached as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification. A copy of the Debtor's objection, if any, is attached as Exhibit A hearing on this objection is set for (date) (5) ❑ The bankruptcy case was filed in bad faith: (A) ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents. (B) ❑ Other bankruptcy cases have been filed in which an interest in the Property was asserted. (C) ❑ The Debtor filed only a few case commencement documents. No schedules or statement of financial affairs (or chapter 13 plan, if appropriate) has been filed. (D) ❑ There was a recent transfer of all or part ownership of, or other interest in the Property without the consent of the Movant or court approval. c. ❑ Pursuant to 11 U.S.C. § 362(d)(2)(A), the Debtor has no equity in the Property; and pursuant to 11 U.S.C. § 362(d)(2)(B), the Property is not necessary to an effective reorganization. 6. Grounds for Annulment of the Stay. Movant took postpetition actions against the Property or the Debtor: a. ❑ These actions were taken before Movant knew the bankruptcy petition was filed, and Movant would have been entitled to relief from stay to proceed with these actions. b. ❑ Movant knew the bankruptcy case had been filed, but Movant previously obtained relief from stay to proceed with these enforcement actions in prior bankruptcy cases affecting the Property as set forth in Exhibit c. ❑ Other: This form is mandatory It has been approved for use in ylgestates Bankruptcy Court for the Central District of California. June 2014 Page 4 F 4001-1.1RFS.UD.MOTION Page 243 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 5 of 13 7. Evidence in Support of Motion: (Important Note: Declaration(s) in support of the Motion MUST be signed under penalty of perjury and attached to this motion.) a. The UNLAWFUL DETAINER DECLARATION on page 7. b. ® Supplemental declaration(s). c. ❑ Other (specify): Movant requests the following relief. 1. Relief from stay pursuant to: ❑X 11 U.S.C. § 362(d)(1) ❑ 11 U.S.C. § 362(d)(2) 2. ® Movant (and any successors or assigns) may proceed under applicable nonbankruptcy law to enforce its remedies to obtain possession of the Property. 3. ❑ Confirmation that there is no stay in effect. 4. ❑ The stay is annulled retroactive to the bankruptcy petition date. Any postpetition acts taken by Movant to enforce its remedies regarding the Property shall not constitute a violation of the stay. 5. ❑ The co -debtor stay of 11 U.S.C. § 1201(a) or § 1301(a) is terminated, modified or annulled as to the co -debtor, on the same terms and conditions as to the Debtor. 6. ® The 14-day stay prescribed by FRBP 4001(a)(3) is waived. 7. ❑ A designated law enforcement officer may evict the Debtor and any other occupant from the Property regardless of any future bankruptcy filing concerning the Property for a period of 180 days from the hearing of this motion: ❑ without further notice. ❑ upon recording of a copy of the order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law. 8. ❑ Relief from stay is granted under 11 U.S.C. § 362(d)(4), if the order granting this motion is recorded in compliance with state laws governing notices of interest or liens in real property, the order is binding in any other case under this title purporting to affect the Property filed not later than two years after the date of entry of such order, except that a debtor in a subsequent case under this title may move for relief from the order based upon changed circumstances or for good cause shown, after notice and a hearing. 9. ❑ The order is binding and effective in any bankruptcy case commenced by or against any debtor who claims any interest in the Property for a period of 180 days from the hearing of this Motion: ❑ without further notice. ❑ upon recording of a copy of this order or giving appropriate notice of its entry in compliance with applicable nonbankruptcy law. 10. ❑ The order is binding in any other bankruptcy case purporting to affect the Property filed not later than 2 years after the date of entry of such order, except that a debtor in a subsequent case may move for relief from the order based upon changed circumstances or for good cause shown, after notice and hearing. 11. ❑ The order is binding and effective in any bankruptcy case commenced by or against the Debtor for a period of 180 days, so that no further automatic stay shall arise in that case as to the Property. This form is mandatory. It has been approved for use in togillilrdli@tates Bankruptcy Court for the Central District of California. UU June 2014 Page 5 F 4001-1.111FS.UD.MOTION Page 244 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 6 of 13 12. ❑ If relief from stay is not granted with respect to the Property because the Property is the subject of a lease that may be assumable; a. ❑ Establishment of a deadline for assumption or rejection of the lease. b. ❑ Adequate protection in the form of regular payments at the lease rate from petition date until assumption or rejection of the lease. 13. ® Other relief requested. Date: 08/16/2022 Law Office of Lazaro E. Fernandez, INc. Print name of law firm (if applicable) Lazaro E. Fernandez Print name of individual Movant or attorney for Movant (if applicable) Signature of indi ua[ Movant kr attorneyfor Movant This form is mandatory. It has been approved for use in the United States Bankruptcy Court for the Central District of California. ,tune 2014 W.36 F 4001-1.RFS.UD.MOTION Page 245 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 7 of 13 UNLAWFUL DETAINER DECLARATION I, (name of declarant) Norman Solomon declare as follows: 1, 1 have personal knowledge of the matters set forth in this declaration and, if called upon to testify, I could and would competently testify thereto. I am over 18 years of age. I have knowledge regarding Movant's interest in the Property because (specify): a. ❑ I am the Movant and owner of the Property. b. ❑ I manage the Property as the authorized agent for the Movant. c. ® I am employed by Movant as (title and capacity): Managing member of movant d. ❑ Other (specify): 2. a. ® I am one of the custodians of the books, records and files of Movant as to those books, records and files that pertain to the rental of this Property. I have personally worked on books, records and files, and as to the following facts, I know them to be true of my own knowledge or I have gained knowledge of them from the business records of Movant on behalf of Movant, which were made at or about the time of the events recorded, and which are maintained in the ordinary course of Movant's business at or near the time of the acts, conditions or events to which they relate. Any such document was prepared in the ordinary course of business of Movant by a person who had personal knowledge of the event being recorded and had or has a business duty to record accurately such event. The business records are available for inspection and copies can be submitted to the court if required. b. ❑ Other (see attached) 3. The Property is: ❑ Residential ® Nonresidential Street Address: 28645 Old Town Front Street Unit/Suite Number. City, State, Zip Code: Temecula, CA 92590-2703 4. Movant is the ® legal owner of the Property, or ❑ the owner's legally authorized agent. A true and correct copy of the trustee's deed upon sale, lease, rental agreement, or other document evidencing Movant's interest in the Property is attached as Exhibit 1 . A true and correct copy of the applicable document establishing Movant's authority as agent for the owner is attached as Exhibit 5. The Debtor asserts a possessory interest in the Property based upon: (1) ® a month -to -month tenancy (2) ® a lease that is in default (3) ❑ after a foreclosure sale that was held on (date): (4) ❑ other (specify): 6. The Debtor failed to pay: a. ❑ The monthly rent of $ beginning on (date): This form is mandatory. It has been approved for use in 8tates Bankruptcy Court for the Central District of California. June 2014 Page 7 F 4001-1.RFS.UD.MOTION Page 246 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 8 of 13 b. ® Other obligations including: (1) ❑ Common area maintenance charges (2) ❑ Property taxes (3) ® Other obligations (specify): Failure to advise movant of dozens of violations of City of temecula rules and regulations regarding hours of operations, noise levels, etc. See accompanying declaration of Norman Solomon. 7. Procedural status a. ❑ The lease matured or was rejected on (date) (1) ❑ by operation of law. (2) ❑ by order of the court. b. ❑ Movant caused a notice to quit to be served upon the Debtor on (date) and a true and correct copy is attached as Exhibit c. ❑ Before the bankruptcy petition was filed: (1) ❑ Movant filed a complaint for unlawful detainer against the Debtor on (date) and correct copy is attached as Exhibit (2) ❑ Trial was held on (date) (3) ❑ Trial was continued to (date) . and a true (4) ❑ An unlawful detainer judgment against the Debtor was entered on the complaint for unlawful detainer on (date) and a true and correct copy is attached as Exhibit (5) ❑ A writ of possession for the Property was issued on (date) and a true and correct copy is attached as Exhibit d. After the bankruptcy petition was filed: (1) ❑ The Debtor has not filed and served on the Movant the certification required under 11 U.S.C. § 362(I)(1). (2) ❑ The Debtor or adult dependent of the Debtor has not deposited with the clerk any rent that would become due during the 30-day period after the filing of the bankruptcy petition. (3) ❑ The Debtor or adult dependent of the Debtor has not filed and served on the Movant the further certification required under 11 U.S.C. § 362(I)(2) that the entire monetary default that gave rise to the judgment has been cured. (4) ❑ The Debtor filed and served on the Movant the certification required under 11 U.S.C. § 362(d)(1). (A) ❑ Movant filed and served an objection a copy of which is attached as Exhibit A hearing on this objection is set for (date) (B) ❑ Movant has not filed and served an objection. This form is mandatory. It has been approved for use in toaft &ates Bankruptcy Court for the Central District of California. June 2014 Page 8 F 4001-1.11IFS.UD.MOTION Page 247 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 9 of 13 (5) ❑ An unlawful detainer action was filed to obtain possession of the Property on grounds of endangerment of the Property or because of illegal use of controlled substances on the Property and Movant has filed a certification that ❑ such action was filed or ❑ that the Debtor has endangered the Property within 30 days preceding the certification or allowed the illegal use of controlled substances on the Property. A copy of Movant's certification is attached hereto as Exhibit . The Debtor ❑ has ❑ has not filed an objection to Movant's certification. A copy of the Debtor's objection, if filed, is attached as Exhibit — A hearing on this objection is set for: (6) ❑ Regular lease payments have not been made after the bankruptcy petition was filed. 8. ❑ The Debtor does not have an interest in the Property that could be assumed or assigned under 11 U.S.C. § 365. 9. ❑ The Property is not necessary to an effective reorganization because it is: a. ❑ Residential, and is not producing income for the Debtor. b. ❑ Commercial, but no reorganization is reasonably in prospect. c. ❑ No longer property of the estate. d. ❑ Other (specify): 10. ❑ The bankruptcy case was filed in bad faith: a. ❑ Movant is the only creditor or one of few creditors listed in the Debtor's case commencement documents. b. ❑ Other bankruptcy cases have been filed in which an interest in the Property was asserted. c. ❑ The Debtor filed only a few case commencement documents. Schedules and a statement of financial affairs (or chapter 13 plan, if appropriate) have not been filed. d. ❑ Other (specify): 11. ❑ The filing of the bankruptcy petition was part of a scheme to delay, hinder or defraud creditors that involved: a. ❑ The transfer of all or part ownership of, or other interest in, the Property without the consent of Movant or court approval. See attached continuation page of facts establishing the scheme. b. ❑ Multiple bankruptcy cases affecting the Property include: (1) Case name: Chapter: Case number: Date filed: Date discharged: Relief from stay regarding the Property ❑ was ❑ was not (2) Case name: Chapter: Case number: Date filed: Date discharged: Relief from stay regarding the Property ❑ was ❑ was not Date dismissed: granted. Date dismissed: granted. This form is mandatory. It has been approved for use in r':q'_'na-d States Bankruptcy Court for the Central District of California. .tune 2014 Page 9 F 4001-1.RFS.UD.MOTION Page 248 Case 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32--1:Yesc Main Document Page 10 of 13 (3) Case name: Chapter: Case number. Date filed: Date discharged: Date dismissed: Relief from stay regarding the Property ❑ was ❑ was not granted. 2 See attached continuation page for information about other bankruptcy cases affecting the Property. Cr, See attached continuation page for additional facts establishing that the multiple bankruptcy cases were part of a scheme to delay, hinder, or defraud creditors. 12. L Enforcement actions taken after the bankruptcy petition was filed are specified in the attached supplemental dedaration(s). a. jJ These actions were taken before Movant knew the bankruptcy petition was filed, and Movant would have been entitled tie relief from stay t'd proceed with these actions. -- -- — — -- — - - b_ ❑ Movant knew the bankruptcy case had been filed, but Movant previously obtained relief from stay to proceed with these enforcement actions in prior bankruptcy cases affecting the Property as set forth in Exhibit c. E i For other facts justifying annulment, see attached continuation page. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 08/16/2022 Dale Norman Solomon Printed Name Signature This fmm rs mm&wy It Ads been approved for use In the Unned Slates Banbl*tryr Coult for Die Central Dlsficl of CaYfomie June 2014 Page 10 F 4001.1.11MUD.MOTION Page 249 Ca6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 11 of 13 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2i 24 25 26 27 28 DECLARATION OF NORMAN SOLOMON I, NORMAN SOLOMON, HEREBY DECLARE THAT: 1. I am the manager of Zip Third Investments, LLC ("Zip"), the owner of the real property commonly known as 28645 Old Town Front Street, Temecula, California 92590. Zip is also the landlord of CNC Puma Corporation ("debtor"), the debtor in the above -captioned Chapter 11 case. "Zip is the movant in this matter. 2. The matters stated herein are based upon my personal knowledge, except as to those matters stated on information and belief, and as to such matters, I am informed and believe that they are true and correct. If called as a witness, I could and would testify to the matters stated herein. 3. Zip is the landlord, and debtor is the tenant at the premises located at 28645 Old "Town Front Street, Temecula, California 92590, pursuant to a Standard/Commercial Single - "Tenant Lease —Net ("lease") dated February 18, 2018. The lease term is seven (7) years. The debtor operates a Mexican restaurant and bar. A true and correct copy of the lease is attached hereto as Exhibit "1" and incorporated herein by reference. 4. Although the debtor is post -petition current on its monetary obligations under its lease with Zip, it is in violation of non -monetary lease obligations under the lease. Attached as Exhibit "T' and incorporated herein by reference is a summary of the various lease provisions of which Zip asserts the debtor is in breach. The lease provisions of which Zip asserts the debtor is in violation arc hi -lighted in yellow in Exhibit "1." They include these obligations: "67. Lessee agrees and warrants that Lessee will fully comply with all city and governmental requirernents and regulations related to and/or affecting the Building and Property." "6.3 Lessee's Compliance with Applicable Requirements. Except as otherwise provided in this Lease, Lessee shall, at Lessee's sole expense, fully. diligently and in a timely manner, materially comply with all Applicable Requirements ... shall immediately SoBtemecu1a121dcc1_NS.p4 DEC K't=NORMAN SOLOMON, Page 250 Ca s 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 12 of 13 1 upon receipt, notifi' Lessor in nTiting (with copies of any 2 documents involved) of any threatened or actual claim, notice, citation. warning, complaint or report pertaining to or involving the 3 failure of f.essee or the Premises to comply with any Applicable Requirements..." 4 5 I spoke to the tenant's manager, Amanda Lane -Moore, several times in July, 2022. She 6 apologized for breaching this provision of the lease, saying she had not read the lease. 7 5. The breaches have been continuous. 1 learned of them by a phone call from a 8 9 lawyer for the City on July 1, 2022. Collectively attached hereto as Exhibit "Y and incorporated 10 herein by reference, are one hundred ten (110) pages of citations and tickets the City of Temecula 11 has issued. They include multiple violations of City of Temecula regulations regarding hours of 12 operation, noise levels, mahitenance of a "disorderly house," and the like. The City contends that 13 as a result of these violations there have been multiple violations of criminal law, including a 14 shootingthat left one person dead and two other persons hospitalized and serious) p p p� y injured. Each 15 of these violations carries monetary sanctions which are set forth on each citation/ticket. As can 16 17 be seen from Exhibit "Y. these violations have been cited on average twice a week since March, 18 2021. Attached as Exhibit "4" and incorporated herein by reference, is a chart sununarizing the 19 many violations identified in Exhibit "3." In July, Ms. Lane -Moore told me that the debtor had 20 paid approximately $45,000 of these violations but owed approximately $60,000 and had 21 appealed none. 22 6. Ms. Lane -Moore informed me by phone in July, 2022 that the citations continue, 23 24 two a week, because City of Temecula code enforcement personnel appear at the restaurant twice 25 each weekend and cite it. I requested that she comply with the Conditional Use Permit. She said 26 the business could not operate successfully and would die after at most 30 days if it complied 27 because it made most of its money after the permitted hours and she believed the hours on the 28 permit reflected typographical errors. Sol ucmecula22'!dcc1_\S.p4 - 2 - DEC OF NOR -MAN SOLOMON Page 251 6:20-bk-17551-WJ Doc 138 Filed 08/16/22 Entered 08/16/22 16:49:32 Desc Main Document Page 13 of 13 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The City of Temecula has now instituted proceedings, presumably under its police and regulatory powers, to revoke the Conditional Use Permit by which the building is used for a restaurant and bar. Attached hereto as Exhibit " 5" and incorporated herein by reference is a true and correct copy of a letter dated July 8, 2022 from City of Temecula City Attorney Jennifer Petrusis advising of the City's decision to proceed with the revocation of the Conditional Use Permit, its rationale for same, and relevant exhibits. The hearing on the City's revocation of the Conditional Use Permit is set for August 30, 2022. 8. 1 believe that if the Conditional Use Permit is revoked, the debtor will have to shut down its business. 1 am unaware of a basis to operate without such permit. Additionally, Zip will suffer great monetary harm if it is unable to re -let the premises under the Conditional Use Permit. The building is designed as a restaurant. 9. Zip seeks conversion of this case to Chapter 7, as it seeks to immediately stop the many and continual violations set forth above at paragraph 5. By forcing a cessation of the debtor's business operations by conversion to Chapter 7, Zip hopes to moot the City's attempted revocation of the Conditional Use Permit. i declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed in the City of California. On August 16, 2022 Norman Solomon SohIcmocuIa22Wccl_Ns.p4 - 3 - UFCLAhAI j0q 1 OF NORMAN SOI.OMON Page 252 Exhibit 5 Page 253 Coma Type: CE-CodeEodmcomw Cam c.aRcs: Magi/ Asstgroed TO: Tam Ca4 p_j_r_ Opeaad Dow, 09l15i2OL" D Old Town Cbsed aato- %7'/,W':- pWn: ZWWV -CUP . The & *8546423, F'Y_139. f77437%>M14 Par eek 97 t336011 Win � Acids ! 29M Cid Town Front St: TOM Dial OF TEMEG'L14 All Temockft GA 22 M Otow Zp Third Inr 9n E 2Wd St m 101 Los Angola% CA MM2 AM18 HWW C4r plak,arl d2� ttcrna= �715.�RYA Camptairvnc Honw, BLS At`!cX' wwo. complalreant Math Cn wtsd by Dad acid True Crst♦w 1 Omnq Pmk@d tf wwIlm* 8eowed an CLIP. CLIPAm;mtwd PxVkie Lowing Y15r.21121 1.11 Pm 2_ come. Q vc-. O� for CUP n:taw by LAAo Wabom Hewing 10 be TOM Colo 411&2M2 9:38 am S&Adukd Cbeed. .fitly 27, in" riiiieiir�ii►3�e1 pop i Of a Ex. C.76-001 Page 254 Exhibit 6 C1i:i0-i:. Page 255 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wednesday, August 24, 2022 3:56 PM To: Rochelle M. Bolin Subject: Fwd: The Bank - Jennifer's email re proofs of service. This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. -----Original Message ----- From: Jennifer Petrusis <JPetrusis@rwglaw.com> To: 'Elizabeth Martyn' <martynlaw2000@aol.com> Cc: Peter M. Thorson <PThorson@rwglaw.com> Sent: Mon, Aug 1, 2022 4:43 pm Subject: RE: The Bank Ms. Martyn: Administrative citations are described in Municipal Code Chapter 1.21, and civil penalties are described in Chapter 1.24. The Municipal Code can be found here: Temecula, California Municipal Code (gcode.us) The City typically uses the civil penalty process after it has been unsuccessful in obtaining compliance through administrative citations. There are no formal proofs of service for the administrative citations and civil penalty letters. Best regards, Jennifer Petrusis Shareholder II.RWG RICHARDS WATSON GERSHON 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 T : 213.626.8484 F : 213.626.0078 D : 213.253.0237 w: rwglaw.com From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Friday, July 29, 2022 8:48 AM To: Peter M. Thorson <PThorson@rwglaw. com>; Jennifer Petrusis <JPetrusis@rwglaw. com> Subject: Re: The Bank It now is our understanding from the tenant's bankruptcy counsel that Jennifer was notified of this (by phone) in October, 2021. We will send the relevant documents we have. 0867 Page 256 In the meantime, although I know the PRA response is pending, could you send the proof of service of the Notices of Violation on Norman Solomon at his Wilshire address in Los Angeles, please? Are the Notices of Violation the same as administrative citations? Thank you. -----Original Message ----- From: Rochelle M. Bolin <rbolinCd)colehuber.corn> To: 'PThorson@rwglaw.com' <PThorsonQrwglaw.com>; 'jpetrusis@rwglaw.com' <Ipetrusis(&rwglaw.com> Cc: 'Elizabeth Martyn' <martynlaw2000(o)aol.com> Sent: Fri, Jul 29, 2022 7:12 am Subject: The Bank Attached please find the Amended Plan from the tenant's Bankruptcy. Rochelle Bolin Legal Assistant COLE HUBER 11,1 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 (909) 230-4209 - Main phone 009) 230-4207 _Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com Website: http://colehuber.com This email and any transmission with it may contain privileged or otherwise confidential inrbnnation. Ifyou are not the intended recipient, or believe that you have received this communication in error, please advise the sender via reply email and delete the email you received. Click here to report this email as spam. NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. Page 257 Exhibit 7 1:.0 Page 258 8/24/22, 3:10 PM 17.04.010 conditional use permits. Temecula, California Municipal Code Title 17 ZONING Chapter 17.04 PERMITS 17.04.010 Conditional use permits. A. Purpose and Intent. A conditional use permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit provides the city with the means to review the location, design, configuration of uses, operations, and potential impact and compatibility with the surrounding area. No conditional use permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit signed by the secretary of the planning commission designating the conditions of its issue thereon, and executes his or her written consent or otherwise consents to the conditions imposed. No permit shall be issued until the time for filing an appeal from decisions of the planning commission as provided in Section 17.03.090 has expired, or in the event of such appeal, after the final determination thereof by the city council. B. Application Requirements. Applications for conditional use permits shall be completed in accordance with Section 17.03.030 of this development code. C. Authority. Conditional use permits shall require a public hearing as follows: 1. When conditional use permit involves an existing building, the director of planning shall have the authority to approve, conditionally approve or deny an application for a conditional use permit. Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090. 2. When a conditional use permit accompanies an application for a development plan for a new building that is less than ten thousand square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application for conditional use permit. Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090. 3. When a conditional use permit accompanies an application for a development plan for a new building that is ten thousand square feet or greater, or whenever the director of planning has determined that the matter should be forwarded to the planning commission. The planning commission shall have the authority to approve, conditionally approve, or deny an application for a conditional use permit. Decisions of the planning commission may be appealed to the city council, pursuant to Section 17.03.090. Page 259 https:/Aibrarygcode.usAib/tenmula ca/pub/niunicipal_codefitemititle_l7-chapter_17_04-17_04_010 1/4 8/24122, 3:10 PM 17.04.010 Conditional use permits. D. Hearing and Notice. Upon the determination that a conditional use permit application is complete, a public hearing shall be scheduled with the director of planning or the planning commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this code. E. Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare. 1. To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings: a. The proposed conditional use is consistent with the general plan and the development code. b. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. c. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. d. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal. 2. Conditions of approval imposed by the planning director, planning commission or city council on appeal for a conditional use may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use. 3. Any conditional use permit granted or approved hereunder shall be approved or conditionally approved with the city, and its planning commission and city council retaining and reserving the right and jurisdiction to review and to modify such conditional use permit —including the conditions of approval —based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the"business, a change in scope, emphasis, size, or nature of the business, and the expansion, alteration, reconfiguration or change of use. F. Notice of Decision. Notice of decision upon an application for a conditional use permit shall be in accordance with Section 17.03.040(E) of this development code. 0871 Page 260 https:/Aibrarygcode.usAib/tenmula_ca/pub/municipal coderitem/title_17-chapter_17_04-17 04 010 214 8124/22, 3:10 PM 17.04.010 Conditional use permits- G. Expiration of Conditional Use Permit. Within two years of approval of a conditional use permit, commencement of use shall have occurred or the approval shall be subject to expiration. Commencement of use shall be defined by the issuance of a building permit for conditional uses involving new construction or the actual occupancy of an existing structure for a conditional use not involving new construction. If after three years, the commencement of the use for which a conditional use permit was issued has not occurred, the planning director may provide a notice to the permit holder that the conditional use permit is subject to expiration and that a public hearing before the planning commission will be held to determine whether or not the planning commission shall determine that the conditional use permit expired. Notice of the hearing shall be given in accordance with Section 17.03.040. The planning commission shall take evidence regarding what use, if any, the permit holder has made of the conditional use permit and determine if such use is significant to justify extending or continuing the conditional use permit. Additionally, if after commencement of the use under the conditional use permit, the active use of the conditional use permit is discontinued for a period of three years, then the conditional use permit shall be deemed abandoned. H. Time Extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the conditional use permit. Each extension of time shall be granted in one-year increments only. An application for an extension of time shall be made to the planning director, on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate filing fee. Within thirty days following the filing of an application for an extension of time, the planning director may approve, conditionally approve or deny the application. An extension of time may be granted by the planning director only upon a determination that the property and use are consistent with the general plan, land use ordinance, and all other city ordinances and regulations. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the planning director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the planning director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the planning director to be affected by the application. For matters that are considered to have special significance or impact, the planning director may refer such items to the planning commission for consideration at a noticed public hearing. Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The planning director may extend such approval for a period not to exceed one year provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the grant of approval or conditional approval. 0872 Page 261 https:/Aibrarygcode.usAib/temecula_catpub/municipal_coderiterrVdtle_17-chapter_17 04-17_04_010 3/4 8124/22, 3:10 PM 17.04.010 Conditional use permits. Any proceeding to enforce the expiration of any conditional use permit or variance granted hereunder shall commence with notice to the permit holder of the city's intent to enforce the same and following the hearing requirements of the following paragraph. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. I. Reservation of Right to Review Conditional Use Permit. Any conditional use permit granted or approved hereunder, shall be approved or conditionally approved with the city, and its planning director, planning commission, and city council retaining and reserving the right and jurisdiction to review and modify such conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the city, its planning director, planning commission, and city council is in addition to, and not lieu of, the right of the city, its director of planning, planning commission, and city council to review and modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon. J. Modifications of a Conditional Use Permit. Requests to modify a conditional use permit shall be made in conformance with the provisions of Section 17.05.030. (Ord. 20-08 §§ 5-8; Ord. 19-02 § 9; Ord. 14-01 § 9; Ord. 10-07 § 31; Ord. 03-04 § 2; Ord. 97-17 § 7; Ord. 96-19 § 2(I) and (J); Ord. 95-16 § 2) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0873 Page 262 https:/Aibrarygcode.usAib/temecula catpub/nxmicipal codertemkitle_17-chapter_17 04-17 04_010 4/4 Exhibit 8 Page 263 Cd . Randy W City of Temecula Community Development 41000 Main Street - Temecula, CA 92590 Phone 1951) 694-6400 - Fax 1951) 694-6477 - TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03,085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 0875 Page 264 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 1 i p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: . March 5, 2021 $50.00 Citation (Paid) . March 6, 2021 $150.00 Citation (Paid) a March 12, 2021 $250.00 Citation (Paid) 0 March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) . March 26, 2021 $250.00 Citation (Paid) . March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) . April 9, 2021 $250,00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) . April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) Page 265 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) April 30, 2021 $250.00 Citation (Delinquent) o May 1, 2021 $250.00 Citation (Delinquent) May 7, 2021 $250.00 Citation (Paid) * May 8, 2021 $250.00 Citation (Paid) May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250.00 Citation (Delinquent) * May 21, 2021 $250.00 Citation (Delinquent) * May 22, 2021 $250.00 Citation (Delinquent) June 4, 2021 $250.00 Citation (Delinquent) June 5, 2021 $250.00 Citation (Delinquent) June 11, 2021 $250.00 Citation (Delinquent) June 12, 2021 $250.00 Citation (Delinquent) July 2, 2021 $250.00 Citation (Paid) * July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) * July 30, 2021 $1,000 Civil Penalty (Paid) July 31, 2021 $1,000 Civil Penalty (Paid) * August 1, 2021 $1,000 Civil Penalty (Paid) • August 6, 2021 $1,000 Civil Penalty (Paid) August 7, 2021 $1,000 Civil Penalty (Paid) * August 8, 2021 $1,000 Civil Penalty (Paid) 0877 Page 266 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 . August 13, 2021 $1,000 Civil Penalty (Paid) . August 14, 2021 $1,000 Civil Penalty (Paid) August 20, 2021 $1,000 Civil Penalty (Paid) August 21, 2021 $1,000 Civil Penalty (Paid) August 27, 2021 $1,000 Civil Penalty (Paid) August 28, 2021 $1,000 Civil Penalty (Paid) September 4, 2021 $1,000 Civil Penalty (Paid) September 10, 2021 $1,000 Civil Penalty (Paid) September 18, 2021 $1,000 Civil Penalty (Paid) September 24, 2021 $1,000 Civil Penalty (Paid) September 25, 2021 $1,000 Civil Penalty (Paid) October 1, 2021 $1,000 Civil Penalty (Paid) . October 2, 2021 $1,000 Civil Penalty (Paid) October 8, 2021 $1,000 Civil Penalty (Paid) October 9, 2021 $1,000 Civil Penalty (Paid) October 15, 2021 $1,000 Civil Penalty (Paid) ® October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) October 23, 2021 $1,000 Civil Penalty (Paid) Q October 30, 2021 $1,000 Civil Penalty (Paid) October 31, 2021 $1,000 Civil Penalty (Paid) p November 5, 2021 $1,000 Civil Penalty (Paid) November 6, 2021 $1,000 Civil Penalty (Paid) Page 267 CNC Puma Corporation, Mi. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) November 13, 2021 $1,000 Civil Penalty (Paid) n November 19, 2021 $1,000 Civil Penalty (Paid) November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) a January 22, 2022 $1,000 Civil Penalty (Delinquent) January 23, 2022 $1,000 Civil Penalty (Delinquent) a January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) February 4, 2022 $1,000 Civil Penalty (Delinquent) February 5, 2022 $1,000 Civil Penalty (Delinquent) . February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) C February 18, 2022 $1,000 Civil Penalty (Delinquent) Page 268 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condiition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. u April 9, 2021 $50.00 Citation (Paid) © April 10, 2021 $150.00 Citation (Paid) April 16, 2021 $250.00 Citation (Paid) April 17, 2021 $250.00 Citation (Paid) April 23, 2021 $250,00 Citation (Delinquent) April 24, 2021 $250.00 Citation (Delinquent) © April 30, 2021 $250.00 Citation (Delinquent) G May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) Page 269 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) o July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriffs Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. Page 270 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17,03.085. aft,a2,4,.5% C Watson Deputy City Manager Enclosures cc: Zip Third investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk F.. Page 271 Ll 0 City of Temecula CommunFty Development 41000 Main Street • Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula. CA 92589-9033 Phone 1951) b94-G400 *Fax 19511G94 6477 www.clryoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street, Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval Is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart, fisk@citvoftemecla. org. Sincerely, Xuartk, AICP Senior Planner Enclosures: Conditions of Approval S Pnn[ed on RecyuGrPEANNING12012kPA12-0041 Bank of Mexican Food ;.."kk 2;jr,idng1APPROVAL LTR.doc Page 272 PW CJ EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. WHOP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 922-036-011 NIA NIA NIA February 28, 2012 February 28, 2014 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify protect, hold harmless, and defend the City with Legal Counsel of the Civs own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department. unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03.G80 of the City's Development Code. G:%PLANNINGM121PA12-0041 Bank of McAcan Food MM12fFINAL COA-CUP.doc Page 273 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions Imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. 7. This approval shall be.used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the twoiyear period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Priorto an employee selling alcohol from this facility., the. alcohol licensee oremployerfor the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L. E.A.D.), or received training from any other program certified bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/08). 11. An 8.5" x 110 (or larger) sign listing local transportation -service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108). G.WLANNING120-121PA12-0041 Bank of Mexican Food MODTIanninglFINAL COA-CUP.doc • Page 274 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintalned in working order and up to their original design and performance specifications (CFC art.87 at al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 19. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire -alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20. The developer shall contact the CityPs franchised solid waste hauler for disposal of construction and demolition debris. Only the Chyrs franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the Clt/s website at www,cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the Cites franchise solid waste hauler for disposal of construction and demolition debris. GAPLANNING120121PA12-0041 Bank of Mexican Food M001PIanningTINAL COA-CUP.doc Page 275 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control, Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sate of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 25 Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid Califomia identification card c. A valid military identification card (aotive/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (26660 Business and Profession Code); a. Name of person b. Date of birth C. Physical description d. Photograph S. Currently valid (not expired) 27. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. GVLANNING12012VA12-004.1 Bank of Mexlean Food MOD1PlanningANAL COA-CUP.doo 0864 Page 276 28. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. it is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25.753, and 25755 B&P; 148 and 241()) PC). C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC.). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 1,8 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Ruse 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) S. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. G.XPLANNING120121PA12.0041 Bank of McAcan Food MOMPIanninglFINAL COA-CUP.doe i Page 277 n 0 City__qf TemeculaAd(a Planning Department 43200 Business Park Drive • Temecula, CA 9259D • Mailing Address: P.O. Box 9033 . Temecula, CA 92589-9033 (951) 694-6400 + FAX (951) 694.6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010.J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goofs and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2, The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNING OOMPA09.0236 Bank of Mexico Minor MomPlanninglAPPROVAL LETTER ADMINISTRATIVE.doc 1111-01*61 Page 278 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law, No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. In addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your ka e.leculntetft?C lyoilenigcuia.orG Sincerely, Katie Innes Assistant Planner KI/ks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 G;IPLANNING1200WA06.0236 Bank of Mexico Minor MOD1Planning%APPROVAL LETTER ADMINISTRATIVE.doe 111*4Ii1 Page 279 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DROVE: PERMITS PLUS: INITIALS: PLANNER: I•. Page 280 Y� ACCEPTANCE OF COMMONS OF AFVIR0VAL 1, Craig Puma understand that Planning Application No. PAOB-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read'the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE DA TE Page 281 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Applicatioh No,: PA68-0236 Project Oescriphon: A Minor Modification to an approved Minor Conditional Use Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street. Assessor's Parcel No.: 922-036-011 MSHGP Category: NIA DIF Category: N/A TUANF Category: NIA Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64,00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Cade Section 21152 and California Code of Regulations Section 150U. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department, General Requirements PL-3, . The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend' the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against. the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the Page 282 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shali be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any clarm, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval PL-5. This Conditional Use Permit may be revoked pursuant to Section 1 7,03.080 of the City's Development Code PL-6 The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to -review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are noth"ted to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in additlon to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition orottier code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit PL-8 The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future PL=9 This approval shall be used within two years of the approval date; •othewm-;c- it small become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, PL-10 If commencement of the use. has not occurred within two years of approval of this perrait, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time Each extension of time shall be granted in one-year increments only. PL-11 Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (t- E A.D.), or received training from.an.y other program certified by 1 1''' Page 283 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1f3108) PL-12. An 8 5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090). PL-13. Regular hours of operation shall be as follows: Monday -Thursday 1la_m to 10 p.m., Friday 11 a.m. to 11 p m., Saturday 8 a m. to 11 p.m. and Sunday 8 a m, to 10 p m. PL-14 In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) heishe maybe permitted to stay open until 2:G0 a.m When this occurs, alcoholicbeverages may be served until 2:00 asn, as consistent with the provisions of California State Law. L-1 w> "Last call' for alcohol service shall occur at 1:30 a m, as consistent with California State Law. PI_-16. A separate building permit shall be obtained prior to the commencement of consta.c�taon,,,tenant improvement or other interior or exterior improvements requiring building permits PL-17 All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit PL-18 All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. Page 284 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED- G DRIVE: PERMITS PLUS: INITIALS: PLANNER: G:1Planning%20071PA07-03i4 The Bank Upgrade to Type 47 Mlnor CURPIanningTINAL COA-CUP.doc Page 285 0 0 ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. - E - 5IGNA T E - - - - -- DATE G:1PIann1n9120071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanninglFINAL COA-CUP.doc 2 0897 - --- -- Page 286 0 11 Cit _of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 a Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-4314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at katie_lec;cimt�� r�cxt olte:mr;culaTorg. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1Planning1200nPA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanninglAPPROVAL LTR doc Page 287 EXHIBIT A - CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314' Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clark In the amount of Sixty -Four Dollars ($64.60) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 16062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. W131anning=071PA07.0314 The Bank Upgrade to Type 47 Minor CUP1PIanningWINAL COXCUP.doc 3 C11111*41P] Page 288 GENERAL REQUIREMENTS GAPlannlnp1200T1PA07.0514 The Bank Upgrade to Type 47 Minor CUP1PIenninglFINAL COA•CUP,doc 4 Page 289 E Planning Department E. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the Clty's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shajl be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of Its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best Interest of the City and its citizens In regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5, This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. 8. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is In addition to, and not In -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 7_ The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit, 8. The pormittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future. 9. This approval shall be used within two years of the approval date; otherwise, It shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. G:1PIannin1)1200r1PA07.0314 The Bank Upgrade to Type 47 Minor CUP%PIanning%F,NAL CGA-CUP,doc 5 0901 Page 290 0 0 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on rridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14 A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G 1Planrnng0007\PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanning\FINAL COA•CUP.dor 6 0902 Page 291 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's webslte at www.cityoftemecula.org: under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p, m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises, The applicant currently has a Type 41 (on -sale beer and wine). 25, Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California Identification card C. A valid military identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport A valid government Issued Identification card issued by a Federal, State, County or City agency 27. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAPIanning12007%PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPlanninglFINAL COA-CUP.doo 7 0903 Page 292 0 0 28. Applicant wit) ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board For all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review hoard must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. Ali alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2,00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6.00 a,m. of the same day (even if someone bought the drinks before 2:00am). (Section 25032 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b. Authority of Peace OfflcerslRefusing Inspectlon: Police officers, sheriffs deputies and ABC Investigators are sworn taw enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes Inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). c, Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc, The licensed promises include the parking lot. (Section 25601 B&P; 316 PC). d- Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by taw. (b) The touching. caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the Immediate floor level and removed at least six feet from the nearest patron. No licensee shall ,permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PG If conduct Is "obscene," e.g., intercourse, sodomy, masturbation, etc.) t3;IP1enn1ng120071PA07-0314 The Bank Upgrade to Type 47 Minor CUPIPIenninglFINAI. COXCUP,doc a 11I Page 293 0 E. e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. final recommendations to ABC Riverside will beforwarded under separate cover, OAP1anning120D71PA07.0314 The Bank Upgrade fo Type 47 Minor CUPOwningWINAL COA-CUP.doe 9 0905 Page 294 0 0 DH RESOLUTION NO. 08.001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G \Planning\2007\PA07.0314 The Hank Upgrude w Type 47 Minor CUP\Plantdng\DH RESOLUTION EXEMPT FROM CEQA doC Page 295 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan, The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. it is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant Mat currently holds a Type-4 1 (on -sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G:\Planning12007\PA07-0314 The Bank Upgrade Ia Type 47 Minor CUP%V1anning\DH RESOLUTION EXEMPT FROM CEQA.dac 2 0907 Page 296 0 0 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the license upgrade and solo of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. /t has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing, the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. CiPIanning12007WA07-0314 Thy Bank UpgraJe to Type 47 Minor CUP0annmg\DN RESOLUTION EXEMPT PROM CEQA.doc 3 Page 297 0 0 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this Yd day of January 2008, 7a-�.` u Debbie Ubnoske, Director of Planning 1, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-801 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3rd day of January 2008. Kat Sir7ipecr ary - CAPIanning\2007WA07-0314 The Bank Upgrade to Type 47 Minor CUPTIanniag\DH RESOLUTION EXEMPT FROM CEQA.doc 4 Page 298 Exhibit 9 0910 Page 299 From: Erika Ramirez To: Amanda Moore Subject: RE: Setting of Hearing - Revocation of the CUP for The Bank Date: Wednesday, June 1, 2022 10:41:00 AM Hello Amanda, We have not yet received a hearing date from the Office of Administrative Hearings. Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 ri it T mecul v TemeculaCA.aov Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Amanda Moore <my5kidsmama@gmail.com> Sent: Wednesday, June 1, 2022 5:34 AM To: Erika Ramirez <erika.ramirez@temeculaca.gov> Subject: Re: Setting of Hearing - Revocation of the CUP for The Bank 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. Has there been a date set yet? Thank you, Amanda Lane Sent from my iPhone On Apr 28, 2022, at 4:18 PM, Erika Ramirez <erika.ramirez@temeculaca.gov> wrote: Hello Amanda and Craig, Unfortunately a few dates I originally suggested are no longer available. Please let me know as soon as possible if the following dates work for both of you or please advise me of other possible dates so that I may get this hearing set with the Office of Administrative Hearings (OAH). • July 7th • July 21st • July 25th Thank you, 0911 RX. 9$99-001 Erika Ramirez, MMC Deputy City Clerk City of Temecula (951)694-6407 erika. ramirez(o)TemeculaCA.ggv 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. From: Erika Ramirez Sent: Monday, April 25, 2022 10:37 AM To: my5kidsmama@gmail.com; cpumavi@gmail.com Cc: Jennifer Petrusis <JPetrusis@rwglaw.com>; Randi Johl <randi.johl@temeculaca.gov> Subject: Setting of Hearing - Revocation of the CUP for The Bank Hello Amanda and Craig, I am Erika Ramirez, Deputy City Clerk for the City of Temecula, I will be handling the setting of the hearing with the Office of Administrative Hearings (OAH) regarding the revocation of the CUP for The Bank. The OAH requests that we coordinate the selection of three possible dates for the hearing. I am suggesting the dates of May 25th, June 2"d, and June 15th again these are only suggestions, please let me know if these dates work or advise on other possible dates that will work for both of you. Please note that OAH hearings are being held by telephone/videoconference. Please let me know if you have any questions regarding the scheduling of the hearing with the OAH. Thank you, Erika Ramirez, MMC Deputy City Clerk City of Temecula (951) 694-6407 erika ramirez ,TemeculaCA.acM 41000 Main St., Temecula, CA 92590 Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless 0912 EK.,"9-002 otherwise exempt. 0913 �ege�d299-003 OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA GENERAL JURISDICTION DIVISION Case Information Date 05/27/2022 From Case Name OAH Case Number Local Agency Request to Set City of Temecula The Bank Name of Agency City of Temecula Agency Case Number Agency Attorney/Representative Contact Information Jennifer Petrusis, Richards Watson Gershon Name 350 South Grand Avenue, 37th Floor Mailing Address Los Angeles, CA 90071 Telephone (213) 253-0237 Email JPetrusis@rwglaw.com Agency Attorney/Representative Preferred Method of Service E-file F] U.S. Mail DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (Revised 2/20) 0914 (For Optional Use) Page 1 Page 303 Respondent/Appellant/Petitioner Contact Information Name Amanda Moore - Owner 28645 Old Town Front Street Mailing Address Temecula, CA 92590 Telephone (951) 378-0980 Email my5kidsmama@gmail.com Respondent/Appellant/Petitioner Preferred Method of Service FX E-file U.S. Mail Respondent Attorney/Representative Contact Information Name Mailing Address Telephone Email Respondent Attorney/Representative Preferred Method of Service 1-1 E-file 1-1 U.S. Mail DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (Revised 2/20) 0915 (For Optional Use) Page 2 Page 304 Pleading Type Employee Discipline F1 Disability Retirement Industrial Disability Retirement Revocation of Conditional Use Permit Other (List) IF PLEADINGS ARE NOT ATTACHED A HEARING MAY NOT BE SET Statutory Time Limit FX]Yes 1-1 No If yes, provide legal authority (Code & Section Number) and date by which case must be heard. Municicipal Code 17.03.085(A)(1): The matter shall be heard by OAH within 45 days of referral to OAH, but may be extended for due cause including scheduling limitations of the hearing officer. Time Estimate for Hearing Hours Days 1-2 days Temecula City Hall, 41000 Main Street, Temecula, California 92590 Hearing Location Provide at least three dates preferred (All Parties) (California Code of Regulations, title 1 section 1018(a)(6)) 07/07/2022, 07/21/2022; 07/25/2022 Dates coordinated with all parties? EYes No If no, attach DGS-OAH Form 21 (Statement of Agency's Reasonable Efforts to Confer). Failure to coordinate dates or provide an explanation will result in OAH assigning hearing dates. DGS OAH 14 (California Code of Regulations., Title 1, Section 1018) (For Optional Use) (Revised 2/20) 0916 Page 3 Page 305 Dates unavailable for at least 6 months (All Parties) June 30, 2022 August 8, 2022 November 1, 2022 July 5, 2022 August 24-25, 2022 November 21-25, 2022 July 14, 2022 September 7-9, 2022 December 17-27, 2022 Additional comments and/or instructions Hearing Record Information Electronic recording by consent (Government. Code, section 11512, subdivision (d)) (Attach copy of written consent) OAH to request court reporter (Agency is responsible for court reporting charges) 1-1 Agency to provide court reporter (If no selection is made a Court Reporter will be ordered and the agency will be charged.) Current court reporting rates are available on the OAH website at: https:// www.dgs.ca.gov/OAH/Case-Types/General-Jurisdiction/Resources/Page-Content/ General-Jurisdiction-Resources-List-Folder/Find-Contract-Information-to-Obtain- OAH-Court-Reporter-Services. For E-filing https://www.applications.dgs.ca.gov/oah/oahsftweb NOTICE: This is not a reservation of dates. Completion of this form does not guarantee that you will receive the hearing dates requested. Dates are subject to availability at the time OAH processes this form. DGS OAH 14 (California. Code of Regulations., Title 1, Section 1018) (Revised 2120) 0917 (For Optional Use) Page 4 Page 306 OFFICE OF ADMINISTRATIVE HEARINGS STATE OF CALIFORNIA GENERAL JURISDICTION DIVISION Statement of Agency's Reasonable Efforts to Confer Instructions This form is to be filed with every Request to Set form where the agency or counsel has been unable to meet and confer with all parties regarding available and unavailable dates for hearing. Detail efforts to meet and confer with each party. Attach additional sheets if necessary. Case Information Case Name The Bank OAH Case Number Name of Agency City of Temecula Agency Case Number DGS OAH 21 (California Code of Regulations., title 1, section 1018) (For Optional Use) (Rev. 12/2019) 0918 Page 1 Page 307 Statement of Efforts to Confer I have made the efforts detailed below to meet and confer with the following parties or their representatives before submitting a Request to Set form to OAH. Party Name Amanda Moore Craig Puma Brad Landon Party Representative Efforts to Meet and Confer 2 Emails 1 Certified letter by USPS By typing my name below, I am agreeing to electronically signing this form. Signature Erika Ramirez Printed Name Erika Ramirez Dated For E-filing https://www.applications.dgs.ca.gov/oah/oahsftweb DGS OAH 21 (California Code of Regulations., title 1, section 1018) (For Optional Use) (Rev. 12/2019) 0919 Page 2 Page 308 Exhibit 10 0920 Page 309 x p3 7.N N —_ CtoWC Yt4NZ sr — N 0000 ! lv. (n = wao� z _ �au5vx — is s, :9 ty — ty ra a c� N N 0921 -J r� n Q' Page 310 Exhibit I I 0922 Page 311 COLE HUBERLLP ATTORNEYS Elizabeth L. Martyn martynlaw2000*aol.com July 26, 2022 REPLY To: ❑ ROSEVILLE ® ONLARIO Peter Thorson Via Email: PThorson@rwglaw.com Jennifer Petrusis JPetrusis@rwglaw.com Richards, Watson and Gershon 350 South Grand Avenue, 371h Floor Los Angeles, CA 90071 Re: The Bank - 28645 Old Town Front Street, Temecula Dear Mr. Thorson and Ms. Petrusis: We now represent the principals of Zip Third Investments, owner of the property at 28645 Old Town Front Street in Temecula. Zip Third purchased the property in 2016. For the reasons set out below, the purpose of this letter is strongly to suggest it is in the best interests of the City as well as the property owner to work together to remedy the situation rather than proceed with the CUP revocation, at least at this time. The owner's first notification of the ongoing issues at the property was when Ms. Petrusis called Norm Solomon late on Friday, July 1. As you know, we have asked that the action with OAH be dismissed or at least extended for some time because of lack of notice to the owner, as explained at greater length below. To add to that, and as you may know, the tenant again has filed for a Chapter 11 bankruptcy. The owner is proceeding with a 3-day notice to quit, but it appears that notice may have to be approved by the bankruptcy court, as will City action against them. (They are hiring bankruptcy counsel so we will have more information relatively soon). In the interim, the owner is attempting to work with the tenant to comply with City requirements or to vacate the property. We understand that there are serious code enforcement issues in Old Town Temecula. We also realize that there was a shooting at the property (unrelated to the numerous citations) and that the City has cited the tenant for well over a year. We also realize that the City, and especially Code Enforcement, is more than frustrated with the tenant. We have not yet received a response to our PRA request, but we assume from Ms. Petrusis' call to Mr. Solomon that the City had information regarding the owners, who are the holder of the CUP. We suspect that representatives of Puma represented they were the owner. Regardless, it appears to us that the City could have contacted the owner sooner to try to reach a solution of the problem. Perhaps that could have occurred when the citations did not lead to correction. In any case, Section 17.03.085(a) provides that the initial notice regarding revocation of a CUP shall be given to the permit holder. Athough Ms. Petrusis' phone call is Northern California: Southern California: ADVANCING YOUR AGENDA 0923 2281 Lava Ridge Court, suite 300 2855 E. Guasti Road, Suite 402 00087621.1 Roseville, CA 95661 Ontario, CA 91761 Phone:916.780.9009 Phone:909.230.4209 Fax: 916.780.9050 Fax: 909.937.2034 Page 312 July 26, 2022 Page 2 appreciated, that notice was not given in the form required. The City proceeded to move forward with OAH without involving the owner as set out in the City Code. Having invested a lot of time and money in the property, the owner obviously wants to keep its CUP. (A recent ordinance may involve some amendments to that CUP if there is live entertainment involved). As far as we can tell, the owner is not at fault here as it is located outside the Temecula area and was not notified by the tenant or the City of the ongoing violations until the City determined to revoke the CUP. Perhaps more significantly, and outside the control of either the property owner or the City, at approximately the same time as Mr. Solomon got your call, the owner received a notice that the tenant had again filed for Chapter 11. At this point, there are a number of legal uncertainties raised by the bankruptcy. Therefore, at a minimum, we suggest that the OAH proceeds to revoke the CUP be dismissed to give the owner a chance to control the tenant (if possible) and work through the bankruptcy court to remove the tenant. Please let me know if you are willing to discuss this approach. Sincerely, Elizabeth Martyn Elizabeth L. Martyn COLE HUBER LLP ELM/RMB 0924 00087621.1 Page 313 Exhibit 12 Page 314 Rochelle M. Bolin From: City of Temecula Public Records Center <temeculaca@mycusthelp.net> Sent: Thursday, July 21, 2022 3:41 PM To: Rochelle M. Bolin Subject: [City of Temecula] Public Records Center:: W007523-072122 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. July 21, 2022 Dear Rochelle Bolin: Thank you for your interest in the City of Temecula public records. Your request has been received and is being processed in accordance with California Government Code 6250 et. seq., the California Public Records Act. Your request was received in this office on 7/21/2022 and given the reference number W007523-072122 for your tracking purposes. Records Requested: In accordance with the California Public Records Act, we respectfully request emailed copies of all public documents in the City's possession and control regarding the following subjects. To the extent that the materials requested overlap, the materials need only to be provided once. We have tried to make this request as specific as possible; however, please contact us if you have questions: 1. All documents pertaining to the property located at 28645 Old Town Front Street regarding planning or zoning, (including but not limited to conditional use permits or similar approvals, currently in effect (the earliest of which is believed to be 2007), staff reports, resolutions, emails, citations, internal or external emails, regarding the same, and for or calls to law enforcement within the current and past eight (8) calendar years, calls to and communications from law enforcement. Documents include any complaints from the public code enforcement files and city attorney correspondence to the extent it is not privileged. 2. Any and all documents referencing or constituting correspondence with or from Zip Third Investments, Inc., or Norman Solomon, its manager. Correspondence includes emails or texts. 3. Any conditional use permit revocation documents. 4. Any and all documents to or from Craig Puma, Brand Landon, Amanda Moore or CNC Puma corporation regarding 28645 Old Town Front Street for the current and past eight calendar years, and specifically but not limited to those related to hours of operation, noise levels, or assertions of a "disorderly house". As used in these requests, the term "document" means a writing, as defined in California Evidence Code section 250, and includes, without limitation, originals and all copies of handwriting, typewriting, printing, photostating, photographing, electronic, and every other means of recording upon any tangible thing and form of communication or representation, including letters, emails, words, pictures, sounds, symbols, information or combinations of them whether stored in hard copy or electronic format. This request specifically includes emails by and between staff, code enforcement staff, Riverside County Sheriff's office, whether or not those eemGails are on City email accounts or not. We 092 Page 315 specifically ask for emails with the Assistant City Manager, Kevin Hawkins. Please do not hesitate to contact me should you have any questions about this request. Your request will be forwarded to the relevant City department(s) to locate the documents you seek and to determine the volume and any costs associated with satisfying your request. The California Public Records Act requires the City to respond to a request for public records within 10 calendar days. You will be contacted regarding the availability and/or provided with copies of the records in question. PLEASE NOTE: The California Public Records Act does not require a governmental body to create new documents not currently in existence, to compile a list, or to do legal research. You can monitor the progress of your request on the Public Records Requests Center. You will be notified by email when your request is completed. Again, thank you for using the Temecula Public Records Center. City of Temecula I Cityrterk's ace 1-'951)-240'--4225- F"�r�rod try L70VLIA This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. 0927 Page 316 Rochelle M. Bolin From: City of Temecula Public Records Center <temeculaca@mycusthelp.net> Sent: Monday, August 8, 2022 3:09 PM To: Rochelle M. Bolin Subject: [City of Temecula] Public Records Center:: W007580-080822 CAUTION: This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. August 08, 2022 Dear Rochelle Bolin: Thank you for your interest in the City of Temecula public records. Your request has been received and is being processed in accordance with California Government Code 6250 et. seq., the California Public Records Act. Your request was received in this office on 8/8/2022 and given the reference number W007580-080822 for your tracking purposes. Records Requested: Copies of Code Enforcement materials, including administrative citations and civil penalty letters served on the following bars in Old Town, Temecula: Beer & Wine Garden; Bailey's; Public House; Coin-p; Old Town Pub & Grub; Buckle Up; Be Good; Blackbird; Old Town Blues Club; Luke's; Adeline; Stampede; and 1918 or 1912. We have an August 31, 2022 hearing date, that the City has refused to continue, and so an expedited response is requested. Your request will be forwarded to the relevant City department(s) to locate the documents you seek and to determine the volume and any costs associated with satisfying your request. The California Public Records Act requires the City to respond to a request for public records within 10 calendar days. You will be contacted regarding the availability and/or provided with copies of the records in question. PLEASE NOTE: The California Public Records Act does not require a governmental body to create new documents not currently in existence, to compile a list, or to do legal research. You can monitor the progress of your request on the Public Records Requests Center. You will be notified by email when your request is completed. Again, thank you for using the Temecula Public Records Center. City of Temecula I City Clerk's Office 1 (951) 240-4225 Page 317 This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spain. 0929 Page 318 Exhibit 13 0930 Page 319 COLEIHUBERLLP ATTORNEYS Elizabeth L. Martyn martyn1aw2000@aol.com August 23, 2022 VIA E-MAIL AND U.S. MAIL jpetrusis@rwglaw.com Jennifer Petrusis Richards Watson Gershon LLP 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 Re: The Bank Dear Ms. Petrusis: REPLY TO: ❑ ROSEVR,LE 0 ONi'ARIO I am following up on the documents the City provided in response to the July 21, 2022 PRA request and the August 8, 2022 additional request, both of which we received on August 17, 2022. We have reviewed the documents provided and believe we are missing certain requested documents. The initial response to the PRA provides as follows: 11 0n com letion of our review we will provide au with copies of an responsive records. and, if any are withheld or portions are redacted with written notice of the applicable exemption s and the name and title of the person responsible for such determination. We estimate that we will be able to pLovide you with any responsive records on or before August 12, 2022. In addition to the above explanation, we are missing the following: public law enforcement documents such as incident reports, which are public in part when requested under Govt. Code Section 6254(f). If those have to be requested directly from the Sheriff, then that should have been indicated so as not to delay production. We do not see a full response to PRA #2 which requests would include closed code enforcement investigations for the other bars around the Bank. We also had sought the conditional use permits for those. We also requested: "Any and all documents referencing or correspondence with or from Zip Third Investments, Inc., Norman Solomon or Richard (Rick) Edwards. Correspondence includes emails or texts." The response did not include correspondence that we know exists such as several letters from you to Norman Solomon. Therefore, we still do not know if we have all Northern Coliforr, Southern California: 1 2281 Lava Ridge Court, Suite 300 2855 E. Guasti Road, Suite 402 ADVANCING YOUR AGENDA 093 Roseville, CA 95661 Ontario, CA 91761 00088427.1 Phone:916.780.9009 Phone:909.230.4209 Fax: 916.780.9050 Fax: 909.937.2034 Page 320 Jennifer Petrusis August 23, 2022 Page 2 of the correspondence sent to Norm Solomon. We did not receive a copy of the Director's Hearing 01/03/08 which is referenced in the 2012 CUP. Thank you for your assistance. If this is more properly addressed to Mr. Krage, at least in part, please provide it to him. Sincerely, Elizabeth Martyn Elizabeth L. Martyn COLE HUBER LLP 0932 00088427.1 Page 321 Exhibit 14 0933 Page 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH L. MARTYN, Bar No. 100856 martynlaw2000@aol.com TYLER SHERMAN, Bar No. 343567 tsherman@colehuber.com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Facsimile: (909) 937-2034 Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re: OAH Case No. 2022051021 The Bank, DECLARATION OF LAZARO E. FERNANDEZ IN SUPPORT OF REQUEST FOR CONTINUANCE AND EXHIBITS HERETO 0934 00088511.1 DECLARATION OF LAZARO E. FERNANDEZ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LAZARO E. FERNANDEZ I, Lazaro E. Fernandez, declare: 1. I am an attorney duly admitted to practice law in all of the state courts of the State of California. I am a member of the Bar of the United States District Court for the Central District of California. I represented Zip Third Investments, LLC ("Zip") in the bankruptcy proceedings of CNC Puma Corporation, d.b.a. The Bank Plates & Pours, a.k.a. The Bank of Mexican Food i ("Chapter 11 bankruptcy"). 2. The matters stated herein are based upon my personal knowledge, except as to those matters stated on information and belief, and as to such matters, I am informed and believe that they are true and correct. If called as a witness, I could and I would testify to the matters stated herein. 3. Subsequent to my admission to the California State Bar in June 1988, I started my career as a law clerk to the Honorable Mitchel R. Goldberg, U.S. Bankruptcy Judge (ret.) For the Central District of California. My duty station was San Bernardino, California. At the end of the one (1) year clerkship, I entered private practice, and I have been in private practice since August 1989 in both Northern and Southern California. My law practice involves litigation in the U.S. Bankruptcy Courts in California and in Florida. This includes, but is not limited to, pre - answer motions, discovery (all forms) and pre-trial dispositive motions and trials of adversary proceedings in California. I represent in -state and out-of-state secured and unsecured creditors, both institutional and individuals, in Bankruptcy Court. My practice also encompasses representation of Chapter 7, 11 and 13 debtors and lastly, Chapter 7 trustee representation as general counsel and special counsel. A true and correct copy of my resume is attached hereto as Exhibit "L" 4. In the Chapter 11 bankruptcy case, I filed a motion for relief from stay pursuant to section 362(d)(1) for "cause," to allow Zip to serve the debtor with a 3-Day Notice or the necessary notice to forfeit the tenancy and evict the debtor from the restaurant premises as a result of the debtor not complying the its leasehold requirements to notify Zip of any notices, actions, warnings, violations, etc. regarding its operation of the restaurant. 22-028-1 B 0935 Page 324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Additionally, I also filed a motion to convert the Chapter 11 case to one under Chapter 7 pursuant to section 1112(b)(4)(B) for "gross mismanagement of the estate" on the same grounds as those asserted in the relief from stay motion. 6. Lastly in an effort to expedite the proceedings on these two motions, I applied for and was granted two (2) orders shortening time for the hearing on both motions. The motions were heard a mere seven (7) days after they were field. The requisite notice period in the district is twenty-one (21) days, so these motions were heard in a mere one-third of the time they would have been heard. 7. I personally appeared and argued both motions in the bankruptcy court at 12:00 p.m. (yes 12:00 p.m.) on August 23, 2022. The court heard argument from Zip, the Office of the U.S. Trustee (an arm of the U.S. Department of Justice), the Subchapter V trustee, the debtor and Strategic Funding Source, Inc., d.b.a. Kapitus, a secured creditor of the debtor. After a fair amount of oral argument, the Bankruptcy Court dismissed the Chapter 11 case. 8. Under bankruptcy law when a court is asked to convert a case, it MUST consider whether a dismissal is in the best interests of the creditors. The Bankruptcy Court determined that the proper forum for a decision regarding a possible revocation of the Cognitional Use Permit would be outside the Bankruptcy Court. Therefore, the Bankruptcy Court dismissed the Chapter 11 case. 9. The dismissal was without a prohibition to a possible re -filing by the debtor; however, any new filing would have to go back to the same judge who dismissed the case, and Zip can immediately file motions to dismiss as a "bad faith" filing or convert the case to Chapter 7, which would effectively kill any second Chapter 11 case. I declare under penalty of perjury of the laws of the United States of America that the foregoing is true and correct and that this declaration was executed on August 24, 2022, in the City of Riverside, California. 22-028-IB ti � ;;?� - eZ - aZ O e - 2 - 0936 Page 325 Exhibit "1" 0937 Page 326 LAZARO E. FERNANDEZ 3600 Lime Street, Suite 326 Riverside, CA 92501 T: (951) 684-4474 F: (951) 684-4625 Email: left 7@pacbell.net EMPLOYMENT: 2002-Present Principal Law Office of Lazaro E. Fernandez, Inc. Riverside, CA Litigation practice (pre -answer motions, discovery and pre-trial dispositive motions) and trials of adversary proceedings in California and out-of-state for secured and unsecured creditors (institutional and individuals), representation of Chapter 7, 11 and 13 debtors and general bankruptcy matters such as relief from stay, general motion practice (all forms of motion practice) and objections to Chapter 11 and 13 plans for in -state and out-of-state clients. Chapter 7 trustee representation as general counsel and special counsel. Real estate litigation. 1998-2001 Partner DesJardins, Fernandez & Smith, LLP Riverside, CA Litigation and trials of adversary proceedings in California and out-of-state for secured and unsecured creditors (institutional and individuals), Chapter 7 debtors and Chapter 11 debtors and general bankruptcy matters such as relief from stay, general motion practice and objections to Chapter 11 and 13 plans for in -state and out-of-state clients. Chapter 7 trustee representation. Responsible for law firm administrative matters. 1996-1997 Partner Gonzalez & Fernandez, LLP Los Angeles, CA Litigation and trials of adversary proceedings in California for secured and unsecured creditors (institutional and individuals) in adversary proceedings and Chapter 11 and 13 matters. Relief from stay and general motion practice. Responsible for law firm administration. 1993-1996 Associate Hanover & Schnitzer San Bernardino, CA Representation of Chapter 7, 11 and 13 debtors, Chapter 7, 11 and 13 secured and unsecured creditors and Chapter 7 trustees in adversary proceedings and motion practice for in -state and out-of-state clients. Page 327 1991-1992 Associate Cameron & Dreyfus Orange, CA Representation of real property secured creditors in general motion practice and adversary proceedings. 1989-1991 Associate Cooper & Schaeffer Sacramento, CA Representation of Chapter 11 and 7 debtors and Chapter 7 trustees in general motion practice and adversary proceedings. 1988-1989 Law Clerk U.S. Bankruptcy Court San Bernardino, CA Law clerk for the Honorable Mitchel R. Goldberg, U.S. Bankruptcy Judge (ret.). Duties included file review, legal research, and write ups for Court's motion practice and adversary proceeding calendars in Chapters 7, 11 and 13. Researching and drafting of proposed memorandum decisions for judge. EDUCATION: 1987 Juris Doctor School of Law, University of California, Davis, CA Emphasis in bankruptcy, securities regulations, commercial paper, secured transactions, business planning, corporations, real estate finance, banking law seminar, federal income taxation, and legal accounting. 1984 Bachelor of Arts California State University, Fullerton Fullerton, CA Bachelor of Arts degree in Political Science. Departmental honors and Dean's list 7 of 8 semesters. Golden Key Honor Society. BAR ADMISSIONS: 1988-1989 California: All District and Bankruptcy Courts and Ninth and Eleventh Circuit Courts of Appeals. 1992 Florida (All state courts) 2003 Florida (U.S. District Court, Northern, Middle and Southern Districts of Florida) 0939 Page 328 INTERESTS: Travel and reading. LANGUAGE: Fluent in oral and written Spanish. MEDIATION TRAINING AND SERVICE: 1998-Present Member, Bankruptcy Mediation Panel, U.S. Bankruptcy Court, Central District of California; Certified Bankruptcy Mediator, Straus Institute for Dispute Resolution at Pepperdine University School of Law. OPINIONS OF NOTE: Wagabaza v. R. Eric Beveridge, as Trustee of the R. Eric Beveridge Separate Property Trust Dated February 12, 1999, 582 B.R. 486 (Bankr.C.D.Cal. 2018); affirmed by Order Filed and Entered on August 7, 2019, USDC Case No. 5:18-CV-00406-JLS. 1 � 1 Page 329 Exhibit 15 0941 Page 330 6:20-bk-17551-WJ Doc 158 Filed 08/23/22 Entered 08/23/22 14:31:21 Desc Main Document Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FILED & ENTERED AUG 23 2022 CLERK U.S. BANKRUPTCY COURT Central District of California BY gooch DEPUTY CLERK UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION In re: CNC PUMA CORPORATIOl, I 0942 Case No.: 6:20-bk-17551-WJ CHAPTER 1 I DISMISSAL ORDER Hearing: Date: August 23, 2022 Time: 12:00 p.m. Place: United States Bankruptcy Court Courtroom 304 3420 Twelfth Street Riverside, CA 92501 -1- Page 331 6:20-bk-17551-WJ Doc 158 Filed 08/23/22 Entered 08/23/22 14:31:21 Desc Main Document Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 23, 2022 at 12:00 p.m., the Court held a hearing regarding the motions of Zip Third Investments, LLC (1) to convert this case to chapter 7 and (2) for relief from the automatic stay. All appearances were noted on the record. Good cause appearing, the Court hereby ORDERS: 1. For the reasons stated on the record, this bankruptcy case is hereby dismissed without prejudice and without any bar to re -filing. Based on the comments of counsel for the debtor at the hearing, the debtor supports dismissal but did not request it. As such the 180 day bar to re -filing under 1 I U.S.C. § 109(g)(2) does not apply. If the debtor needs to file another case, there is no bar to the debtor doing so. 2. The motion for relief from stay is moot. IT IS SO ORDERED. ### Date: August 23, 2022 Wayne fohnson United States Bankruptcy Judge 0943 -2- Page 332 Case 6:20-bk-17551-WJ Doc 159 Filed 08/23/22 Entered 08/23/22 14:32:05 Desc Notice of Dismissal (Generic) Page 1 of 1 United States Bankruptcy Court Central District of California 3420 Twelfth Street, Riverside, CA 92501-3819 NOTICE OF DISMISSAL DEBTOR INFORMATION: BANKRUPTCY NO. 6:20-bk-17551-WJ CNC Puma Corporation aka The Bank Plates & Pours, aka The Bank of Mexican Food CHAPTER 11 Last four digits of Social -Security or Individual Taxpayer -Identification (ITIN) No(s)., (if any): N/A Employer Tax -Identification (EIN) No(s).(if any): 20-8434810 Debtor Dismissal Date: 8/23/22 Address: 28645 Old Town Front St Temecula, CA 92590-2703 You are notified that an order was entered DISMISSING the above -captioned case and vacating the discharge if previously entered. The Court retains jurisdiction on all issues involving sanctions, any bar against being a debtor in bankruptcy, all issues arising under Bankruptcy Code §§ 105, 109(g), 110, 329, 349, and 362, and to any additional extent provided by law. Dated: August 23, 2022 Form ntcdsm—ndms Rev. 06/2017 • I I For The Court, Kathleen J. Campbell Clerk of Court 159 / YG Page 333 Exhibit 16 0945 Page 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ELIZABETH L. MARTYN, Bar No. 100856 martynlaw2000@aol.com TYLER SHERMAN, Bar No. 343567 tshennan@colchuber.com COLE HUBER LLP 2855 E. Guasti Road, Suite 402 Ontario, California 91761 Telephone: (909) 230-4209 Facsimile: (909) 937-2034 Attorneys for Property Owner ZIP THIRD INVESTMENTS, LLC STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS In Re: OAH Case No. 2022051021 The Bank, DECLARATION OF ROCHELLE BOLIN IN SUPPORT OF REQUEST FOR CONTINUANCE AND EXHIBITS HERETO ilI1I11.1.9f M DECLARATION OF ROCHELLE BOLIN Page 335 1 2 3 4' 5 6 7 8 9 10 11 a 12 O � Z; W r_ 13 aJ(na of X 14 mIxo =Pa 15 U J Q O ° 0 16 w� LO 0 17 N 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ROCHELLE BOLIN I, Rochelle Bolin, do declare as follows: 1. I am a legal assistant and work with Attorney Elizabeth Martyn, a partner at Cole Huber LLP attorneys for Zip Third Investments, LLC in the above -entitled matter. I have personal knowledge of the facts set forth herein, except as to those stated on information and belief and, as to those, I am informed and believe them to be true. 2. On Wednesday, August 17, 2022 after 4:30 p.m., I was informed via email that the City of Temecula had posted on their website a number of documents in response to the Zip Third's two Public Records Act requests. I then downloaded approximately 125 documents and provided them to Elizabeth Martyn and Sharon Griswold. 3. On Tuesday, August 23, 2022 at the request of Ms. Martyn, I drafted and sent the attached email notifying the parties of Zip Third's intention to seek a continuance of the August 31 hearing and requesting them to provide me with alternative dates for the hearing as well as dates when they were unavailable. 4. In response to that request, I have received the email responses attached from Amanda Moore, Craig Puma and Jennifer Petrusis. I declare under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on August 25, 2022 in Ontario, California. Roche Ie Bolin 0947 00088511.1 2 Page 336 DECLARATION OF ROCHELLE BOLIN Rochelle M. Bolin From: Rochelle M. Bolin Sent: Tuesday, August 23, 2022 4:32 PM To: cpumavi@gmail.com'; 'jpetrusis@rwglaw.com'; 'mgreer@rwglaw.com'; 'my5kidsmama@gmail.com' Cc: 'Elizabeth Martyn' Subject: The Bank - OAH No 2022051021 The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City. As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23- 29 and October 2. Rochelle Bolin Legal Assistant COLE HUBERLLP :TT0AP4_'d; 2855 E. Guasti Road, Suite 402 Ontario, CA 9176 ]. (909) 230-4209 - Main phone (909) 230-4207 - Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com Website: http://colehuber.com This email and any transmission with it may contain privileged or otherwise confidential information. Ifyou are not the intended recipient, or believe thatyou have received this communication in error, please advise the sender via reply email and delete the email you received. Page 337 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wednesday, August 24, 2022 1:36 PM To: my5kidsmama@gmail.com; Rochelle M. Bolin Cc: cpumavi@gmail.com; jpetrusis@rwglaw.com; mgreer@rwglaw.com Subject: Re: The Bank - OAH No 2022051021 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. I will include your opposition with the Motion to Continue. Please confirm whether or not you are represented by an attorney. -----Original Message ----- From: Amanda Moore <my5kidsmama@gmail.com> To: Rochelle M. Bolin <rbolin@colehuber.com> Cc: cpumavi@gmail.com; jpetrusis@rwglaw.com; mgreer@rwglaw.com; Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wed, Aug 24, 2022 1:29 pm Subject: Re: The Bank - OAH No 2022051021 Ryan and myself; Amanda Lane oppose the motion to a continuance. The statement that the bankruptcy court ended the chapter 11 to allow the landlord to serve and file an unlawful detainer greatly mischaracterizes the events of yesterday's bankruptcy hearings and the basis for the court's decision to dismiss the bankruptcy case. The court denyed the landlords request to convert the case to a chapter 7. CNC PUMA CORPORATION, Amanda Lane Ryan Parent On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin <rbolin@colehuber.com> wrote: The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City. As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23- 29 and October 2. Rochelle Bolin Legal Assistant COLE HUBER U_P 2855 E. Ouasti Road, Suite 402 Ontario, CA 91761 0949 Page 338 (909) 230-4209 - Main phone (909) 230-4207 - Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com Website: http:llcolelitiber.com This email and any transmission with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please advise the sender via reply email and delete the email you received. 0950 Page 339 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wednesday, August 24, 2022 1:37 PM To: my5kidsmama@gmail.com; Rochelle M. Bolin Cc: cpumavi@gmail.com; jpetrusis@rwglaw.com; mgreer@rwglaw.com Subject: Re: The Bank - OAH No 2022051021 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. We also are required to ask you for alternate dates for a hearing, were the continuance to be granted. -----Original Message ----- From: Amanda Moore <my5kidsmama@gmail.com> To: Rochelle M. Bolin <rbolin@colehuber.com> Cc: cpumavi@gmail.com; jpetrusis@rwglaw.com; mgreer@rwglaw.com; Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wed, Aug 24, 2022 1:29 pm Subject: Re: The Bank - OAH No 2022051021 Ryan and myself; Amanda Lane oppose the motion to a continuance. The statement that the bankruptcy court ended the chapter 11 to allow the landlord to serve and file an unlawful detainer greatly mischaracterizes the events of yesterday's bankruptcy hearings and the basis for the court's decision to dismiss the bankruptcy case. The court denyed the landlords request to convert the case to a chapter 7. CNC PUMA CORPORATION, Amanda Lane Ryan Parent On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin <rbolin@colehuber.com> wrote: The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City. As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23- 29 and October 2. Rochelle Bolin Legal Assistant COLE HUBER.LLP 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 (909) 230-4209 - Main phone 0951 Page 340 (909) 230-4207 - Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com Website: ht�t �:Hcolehuber.com This email and any transmission with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please advise the sender via reply email and delete the email you received. 0952 Page 341 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Thursday, August 25, 2022 7:25 AM To: cpumavi@gmail.com Cc: jpetrusis@rwglaw.com; mgreer@rwglaw.com; my5kidsmama@gmail.com; Rochelle M. Bolin Subject: Re: The Bank - OAH No 2022051021 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Mr. Puma. To all of you - we are required to ask for your unavailability over the coming 6 months and your preferred hearing dates if the continuance were to be granted. Please provide those even though I understand that you disagree with the request for a continuance. -----Original Message ----- From: Craig Puma <cpumavi@gmail.com> To: Elizabeth Martyn <martynlaw2000@aol.com> Cc: jpetrusis@rwglaw.com <jpetrusis@rwglaw.com>; mgreer@rwglaw.com <mgreer@rwglaw.com>; my5kidsmama@gmail.com <my5kidsmama@gmail.com>; rbolin@colehuber.com <rbolin@colehuber.com> Sent: Thu, Aug 25, 2022 7:04 am Subject: Re: The Bank - OAH No 2022051021 I am available most days. Not available Sept 8-20. On Thu, Aug 25, 2022 at 5:58 AM Elizabeth Martyn <martynlaw2000(a-).go1_.com> wrote: Thank you for your response. I'm required to ask you for alternate dates. -----Original Message ----- From: Craig Puma <cpumavl(a)gma!I.com> To: Amanda Moore <my5kidsmama@cLmail.com> Cc: Elizabeth Martyn <martynlaw2000(d7ao1.com>; Rochelle M m!greer0-MMI@w.com Sent: Wed, Aug 24, 2022 11:05 pm Subject: Re: The Bank - OAH No 2022051021 Bolin <rbolin colehuber.com>; jgetrusis(JDrwalaw.com; agree with Amanda. Let's get everything wrapped up sooner rather than later to get business back to normal and start growing! See you all on the 31 st. Craig Puma On Wed, Aug 24, 2022 at 1:34 PM Amanda Moore <my5kidsmama(a7gmail.com> wrote. Ryan and myself; Amanda Lane oppose the motion to a continuance. The statement that the bankruptcy court ended the chapter 11 to allow the landlord to serve and file an unlawful detainer greatly mischaracterizes the events of yesterday's bankruptcy hearings and the basis for the court's decision to dismiss the bankruptcy case. The court denyed the landlords request to convert the case to a chapter 7. CNC PUMA CORPORATION, Amanda Lane Ryan Parent 0953 Page 342 On Aug 23, 2022, at 4:31 PM, Rochelle M. Bolin <rbolin(5),cofehubgr.com> wrote: The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City. As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23-29 and October 2. Rochelle Bolin Legal Assistant ,O LE HUBER,, P� 2855 E. Guasti Road Suite 402 Ontario CA 91761 (909) 230-4209 - Main phone (909) 230-4207 - Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com Website: http://colehuber.com This email and any transmission with it may contain privileged or otherwise confidential information. lfyou are not the intended recipient, or believe thatyou have received this communication in error, please advise the sender via reply email and delete the email you received. Craig Puma Sent from my Google Email Account Craig Puma Sent from my Google Email Account 0954 Page 343 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Thursday, August 25, 2022 8:55 AM To: JPetrusis@rwglaw.com; Rochelle M. Bolin Subject: Re: The Bank - OAH No 2022051021 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. We are trying to get this filed today because of schedules. I will include this with my declaration. -----Original Message ----- From: Jennifer Petrusis <JPetrusis@rwglaw.com> To: 'Elizabeth Martyn' <martynlaw2000@aol.com> Sent: Thu, Aug 25, 2022 8:53 am Subject: RE: The Bank - OAH No 2022051021 Good morning, Betsy: Below are my dates that are unavailable, but they do not take into consideration my witnesses' availability. When are you filing your Motion to Continue? I likely won't hear back from all of my witnesses about their availability over the next six month until late today or possible tomorrow. If you need to file the Motion today, and if OAH grants your Motion and sets this matter for a date on which an important witness is unavailable, then I will need to move to continue the date. To answer your earlier questions, we intend to produce Luke Watson and Tom Cole as witnesses, so a subpoena for their appearance is not necessary. My unavailable dates for the next six months are: 9/6/22-9/9/22 9/14/22-9/16/22 3 9/20/22 m 9/29/22-9/30/22 10/21 /22 • 10/31 /22-11 /1 /22 11 /4/22-11 /8/22 a 11/16/22-11/18/22 11 /21 /22-11 /25/22 11 /29/22-12/1 /22 ■ 12/15/22-12/19/22 12/21 /22-12/27/22 +1/13/23-1/18/23 1 /27/23-2/3/23 2/17/23-2/24/23 Thanks very much, Jennifer Jennifer Petrusis Shareholder 0955 1 Page 344 Exhibit 17 0956 Page 345 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Wednesday, August 24, 2022 1:28 PM To: JPetrusis@rwglaw.com Cc: Rochelle M. Bolin; MGreer@rwglaw.com; MMarroquin@rwglaw.com; LThorson@rwglaw.com Subject: Re: The Bank - OAH No 2022051021 CAUTION: This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Enjoy your conference. I seriously think you should reconsider your opposition. At a minimum, please consider the statements in the documents you will be receiving. I do want to let you know that if the continuance is not granted, the City intends to seek an immediate writ. Thank you for taking the time to respond. -----Original Message ----- From: Jennifer Petrusis <JPetrusis@rwglaw.com> To: Elizabeth Martyn <martynlaw2000@aol.com> Cc: rbolin@colehuber.com <rbolin@colehuber.com>; Mary Greer <MGreer@rwglaw.com>; Maricela E. Marroquin <MMarroquin@rwglaw.com>; Lindsay A. Thorson <LThorson@rwglaw.com> Sent: Wed, Aug 24, 2022 1:24 pm Subject: Re: The Bank - OAH No 2022051021 Good afternoon, I am away from the office at a conference today. The City opposes the delay and I will get you the dates you requested late tonight when I get in front of a computer again. We are also working on responding to your letter regarding the City's responses to your PRA requests. Jennifer On Aug 24, 2022, at 5:51 AM, Elizabeth Martyn <martynlaw2000(o)aol.com> wrote: We will be sending my declaration with the bankruptcy order and other relevant exhibits attached. If you are aware of who represents Mr. Puma and Ms. Moore, please let us know. You'll recall that for some reason we have not gotten all documents through OAH and Ms. Greer was nice enough to send what you had. Please provide some dates as Section 1020 provides. Thank you and have an excellent Wednesday. -----Original Message ----- From: Jennifer Petrusis <JPetrusisCc m7 glaw.com> To: 'Rochelle M. Bolin' <rbo#in colehuber.com> Cc: 'Elizabeth Martyn' <martynlaw2{100@aol.com>; Mary Greer <MGreer@rwglaw.com>; Maricela E. Marroquin <MMarroouin c9rwgIaw.com> Sent: Tue, Aug 23, 2022 6:38 pm Subject: RE: The Bank - OAH No 2022051021 Good afternoon, 0957 Page 346 Would you please send me a copy of the Court's order? Has the Chapter 11 bankruptcy matter concluded entirely? I have removed Mr. Puma and Ms. Moore from the cc's because it's my understanding that they are represented by counsel. Thank you, Jennifer Jennifer Petrusis Shareholder [RWG Law Logo] RICHARDS WATSON GERSHON 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 T: 213.626.8484 F: 213.626.0078 D: 213.253.0237 W: rwglaw.com<http://www.rwgiaw.com/> From: Rochelle M. Bolin <rbolin@colehuber.com> Sent: Tuesday, August 23, 2022 4:32 PM To: 'coumavi@gmail .com' <cpumavi Acimail.com>; Jennifer Petrusis <JPetrusis@rwglaw.com>; Mary Greer <MGre€r c�7i rwglaw,com>; 'm 5kidsmama mail.com' <my5kidsmamaagmail.com> Cc: 'Elizabeth Martyn' <martynlaw2000p_aol.com> Subject: The Bank - OAH No 2022051021 The Property Owner, Zip Third Investments, LLC, will seek a continuance of the hearing now set for August 31 and September 1 to October 6 and 7. Today the Bankruptcy court ended the Chapter 11 to allow the property owner to serve and then pursue an unlawful detainer action against the tenant for violation of the lease terms. We estimate that unlawful detainer will take at least 30 calendar days. The property owner again requests, in the strongest possible terms, that the tenant cease operating outside the provisions of the 2012 CUP, and specifically those as to hours, noise and Section 28c as alleged by the City. As required by Section 1020, please state your support or opposition to this request and future dates within the next 6 months when you are unavailable as well as 3 preferred alternative future hearing dates. The property owner's alternative hearing dates are October 11 and 12 or October 13 and 14. Property Owner's unavailable dates are September 4-9, 23- 29 and October 2. Rochelle Bolin Legal Assistant [15th_ColeHuber_EmailSignature-01 (1)] 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 (909) 230-4209 - Main phone (909) 230-4207 - Direct dial (909) 937-2034 - Fax Email: rbolin@colehuber.com<http://cotacole.blogspot.com/> Website: http://colehuber.com<http://colehuber.com/> This email and any transmission with it may contain privileged or ol.herwise curifiden[ial infurrna[iun. If yuu are nu[ [he intended recipient, or believe that you have received this communication in error, please advise the sender via reply email and delete the email you received. Click here<https://www.mailcontrol.com/sr/MZb_qvYs5QwJvpeaetUwhCQ-=> to report this email as spam. NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, Page 347 please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. [cid:u4uHUiJMXej5ZOZ3jvaf][cid:UaetgZajbsuO2VDgGcjp] 0959 Page 348 Exhibit 18 Page 349 Rochelle M. Bolin From: Elizabeth Martyn <martynlaw2000@aol.com> Sent: Thursday, August 25, 2022 8:55 AM To: JPetrusis@rwglaw.com; Rochelle M. Bolin Subject: Re: The Bank - OAH No 2022051021 This email originated from outside of Cole Huber LLP. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you. We are trying to get this filed today because of schedules. I will include this with my declaration. -----Original Message ----- From: Jennifer Petrusis <JPetrusis@rwglaw.com> To: 'Elizabeth Martyn' <martynlaw2000@aol.com> Sent: Thu, Aug 25, 2022 8:53 am Subject: RE: The Bank - OAH No 2022051021 Good morning, Betsy: Below are my dates that are unavailable, but they do not take into consideration my witnesses' availability. When are you filing your Motion to Continue? I likely won't hear back from all of my witnesses about their availability over the next six month until late today or possible tomorrow. If you need to file the Motion today, and if OAH grants your Motion and sets this matter for a date on which an important witness is unavailable, then I will need to move to continue the date. To answer your earlier questions, we intend to produce Luke Watson and Tom Cole as witnesses, so a subpoena for their appearance is not necessary. My unavailable dates for the next six months are: 9/6/22-9/9/22 9/14/22-9/16/22 9/20/22 9/29/22-9/30/22 8 10/21 /22 10/31 /22-11 /l /22 11 /4/22-11 /8/22 11/16/22-11/18/22 ® 11 /21 /22-11 /25/22 11 /29/22-12/l /22 12/15/22-12/19/22 ® 12/21/22-12/27/22 ■ 1/13/23-1/18/23 ® 1 /27/23-2/3/23 2/17/23-2/24/23 Thanks very much, Jennifer Jennifer Petrusis Shareholder 0961 Page 350 2 3 4 5 6 7 8 9 10 11 N 12 CD CD W- 13 aEn¢ Wow 14 moo J =Pa 15 U wa0 °0W 16 w� co 0 17 N 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE In re The Bank Case No. OAH No. 2022051021 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of San Bernardino, State of California. My business address is 2855 E. Guasti Road, Suite 402, Ontario, CA 91761. On August 26, 2022, I served true copies of the following document(s) described as DECLARATION OF ELIZABETH MARTYN IN SUPPORT OF REQUEST FOR CONTINUANCE AND EXHIBITS HERETO on the interested parties in this action as follows: Brand Landon CNC Puma Corporation 27555 Ynez Road, Suite 110 Temecula, CA 92591 Via US Mail Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Avenue, 37th Floor Los Angeles, CA 90071 jpetrusis@rwglaw.com mgreer@rwglaw.com Via E-Service Craig Puma 28645 Old Town Front Street Temecula, CA 92590 cpumavi@gmail.com Via US Mail and E-Service Amanda Moore The Bank 28645 Old Town Front Street Temecula, CA 92590 my5kidsmama@grnail.com Via US Mail and E-Service BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the practice of Cole Huber LLP for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope was placed in the mail at Ontario, California. BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address rbolin@colehuber.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 26, 2022, at Ontario, California. �QCR2� :�� 0962 Ro'chelle Bolin 00088512.1 DECLARATION OF ELIZABETH MARTYN 0963 City of Temecula's Opposition to Zip Third Investments, LLC's Request to Continue Hearing Date to October 6 and October 7 Page 352 z o g Z� �a �o �U 05 Z 0 aW FLL F- a 4a 0 r [Y e Q 0� FXa so 1 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY 2 CITY OF TEMECULA 3 RICHARDS, WATSON & GERSHON A Professional Co oration 4 JENNIFER PETRUSIS (BAR NO. 235144) 1petrusis rwglaw.com 5 350 '1 PGrand Avenue, 37th Floor Los Angeles, California 90071 6 Telephone: 213.626.8484 Facsimile: 213.626.0078 7 Attorneys for Agency 8 City of Temecula 9 STATE OF CALIFORNIA 10 OFFICE OF ADMINISTRATIVE HEARINGS 11 12 In Re OAH Case No. 2022051021 13 The Bank CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENTS, LLC'S 14 REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 15 7 16 17 18 19 20 21 22 23 24 25 26 27 28 0965 CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 353 1 1096-0773\271 1040v l _doc I Local Agency, City of Temecula, hereby submits its Opposition to Zip Third 2 Investments, LLC's second request to continue the hearing date in this matter. 3 I. INTRODUCTION. 4 Property owner Zip Third Investments, LLC ("Zip Third") has now submitted a third 5 request to continue the hearing in this matter. Zip Third has been on notice of the violations 6 of the Conditional Use Permit ("CUP") since at least August 2021. (Cole Decl. at ¶ 6; Ex. 7 B). It has received copies of civil penalty letters issued to the owners and operators of The 8 Bank. (Cole Decl. at ¶ 7; Ex. Q. Zip Third has, apparently, not done anything to address 9 the violations of the CUP by its tenant until after the City gave notice of its 10 recommendation that the CUP be revoked. Zip Third has not demonstrated good cause for I I why the hearing must be delayed and why the City must continue to stand by while The 02 co 0 12 Bank continues to violate the CUP. aQ wU z o 13 Zip Third was provided a copy of the Planning Director's notification of his o11 14 recommendation that the Conditional Use Permit ("CUP") be revoked on July 5, 2022. a s 15 (Petrusis Decl. at ¶¶ 4-8; Exs. G and H). This gave Zip Third at least 57 days' notice before 16 the now August 31, 2022 scheduled hearing before OAH, which is more time than the 45 17 days required by Temecula Municipal Code Section 17.03.085. 18 Finally, that Zip Third wants to pursue an unlawful detainer action against its tenant 19 is irrelevant to whether the City may now revoke the CUP. Even if Zip Third was able to 20 effectively evict its tenant today, the City is still permitted to revoke the CUP. As is 21 demonstrated further below, Zip Third has been on notice of the violations for over a year 22 and it is disingenuous for it to claim that it has not been provided meaningful notice and an 23 opportunity to correct the violations. 24 For these reasons and for the reasons set forth below, Zip Third has not established 25 why the hearing in this matter should be continued. The City respectfully requests that 26 OAH maintain the hearing date in this matter for August 31-September 1, 2022. 27 28 /// 0966 -2- CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 354 1 II. ZIP THIRD INVESTMENTS, LLC HAS BEEN ON NOTICE OF THE 2 VIOLATIONS SINCE AT LEAST AUGUST 2021. 3 The CUP at issue in this matter prescribes the permitted operating hours for The 4 Bank restaurant and includes requirements for when the sale and consumption of alcoholic 5 beverages must cease. (Cole Decl. at ¶¶ 2-4; Ex. A). The Bank has consistently violated 6 the CUP and continues to violate the CUP. (Cole Decl. at ¶ 10). At this time, the City has 7 issued at least 35 administrative citations and at least 106 civil penalty letters (notices of a 8 $1,000 administrative fine) since February 2021 for violations of the CUP. (Cole Decl. at ¶ 9 5). For the violations occurring between February 26, 2022 and July 16, 2022, the City has 10 sent at least 37 civil penalty letters to the owner of The Bank. (Cole Decl. at ¶ 7; Ex. C). a x 11 These 37 civil penalty letters were also sent by regular snail to Norman S. Solomon, the a 2 12 agent for service of process for Zip Third at the address indicated as the principal place of z ` z13 business for Zip Third and the mailing address for Zip Third. (Cole Decl. at ¶¶ 7-8). None o o g 14 of the 37 civil penalty letters mailed to Zip Third were returned to sender. (Cole Decl. at d 15 ¶ 9). Zip Third has been on notice that The Bank has been violating its permitted operating d 16 hours since at least August 2021. 2 ❑ 17 A. Zip Third Has Been On Notice of This OAH Action Since at Least July 1, 18 2022 and Received the Planning Director's Notification Letter can .1cily 5, 19 2022. 20 Zip Third complains that the Planning Director's Notification of his recommendation 21 that the CUP be revoked was not addressed to Zip Third. Zip Third does not dispute that it 22 received the Notification on July 5, 2022. 23 Pursuant to Temecula Municipal Code section 17.03.085(a), if the planning director 24 determines that any conditions of approval of a conditional use permit have been violated, 25 the planning director shall "send notice to the permit holder and city clerk." (Petrusis Decl. 26 at ¶ 3; Ex. E). The city clerk is then required to refer the matter to the California Office of 27 Administrative Hearings for the assignment of an administrative law judge. (Ex. E). 28 The Notice that the Planning Director Recommends That the CUP Be Revoked was 0967 -3- CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 355 i 1096-0773\271ioaovl.doc I sent to the owner, operator, and manager of The Bank with a carbon copy to Zip Third. 2 (Petrusis Decl. at ¶ 4; Ex. F). The copy of the Notice was mailed to Zip Third to The 3 Bank's location at 28645 Old Town Front Street, and then was later forwarded to Mr. 4 Solomon on July 5, 2022 by e-mail and again on July 8, 2022 by regular snail to Mr. 5 Solomon's address in Los Angeles, California. (Petrusis Decl. at ¶¶ 5-6; Ex. G and H). Zip 6 Third was provided with the Planning Director's Notice as required by the Temecula 7 Municipal Code. There is no reason why the hearing in this matter should be delayed. 8 B. Zip Third Fails to Demonstrate Whv the Hearing Should Be Delayed 9 Because it Now Wishes to Pursue an Unlawful Detainer Action Against 10 its Tenant. z z 11 Zip Third does not dispute that the owners and operators of The Bank (presumably, 00 0 12 Zip Third's tenant) have been consistently violating the terms of the CUP and continue to 0 WU z o 13 violate the CUP. Zip Third renews its request to delay this hearing because "the situation 0� aFL 14 has changed significantly," specifically, that its tenant is no longer the subject of a s15 Bankruptcy Court stay. (Request to Continue Hearing Date at page 2, lines 14-16). a; z a 16 That Zip Third now wants to pursue an unlawful detainer action against its tenant 2 17 does not mean that the City cannot revoke the CUP at this time, and it does not mean that 18 OAH is obligated to delay the proceedings. Zip Third does not cite to any authority that 19 requires otherwise. 20 As mentioned above, Zip Third was provided notice that its tenant was violating the 21 permitted hours of operation in August 2021. Copies of 37 civil penalty letters were sent to 22 Zip Third regarding the violations of the CUP by its tenant. Zip Third does not explain in 23 its Request to Continue why it did nothing to address the violations until after the City gave 24 it notice of the revocation matter. Zip Third cannot claim it did not know about the 25 violations of the CUP; it was notified over a year ago. Zip Third also cannot argue against 26 revocation because it is the property owner and the violations were by its tenant. Certainly, 27 Zip Third is likely to make these arguments at the hearing, but it has not demonstrated why 28 the hearing must be delayed. Accordiin�I Zip Third has failed to demonstrate why the ��JJ�bj -4- CITY OF TEMECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 356 1 i os6-m7.3\z7> > nam-i,doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hearing before OAH should be continued. III. CONCLUSION. For the reasons set forth above, Zip Third has again failed to demonstrate why this CUP revocation matter must be delayed. The City respectfully requests that Zip Third's request be denied and that the hearing go forward on August 31-September 1, 2022. Dated: August 29, 2022 RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS f _ By: JE IFER PETRUSIS Atforneys for Agency CITY OF TEMECULA 0969 -5- CITY OF TENIECULA'S OPPOSITION TO ZIP THIRD INVESTMENT'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7 Page 357 1 1 096-0773\271 1040v I doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) jpetrusis rwglaw.com 350 Sout�i Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS OAH Case No. 2022051021 DECLARATION OF JENNIFER PETRUSIS IN SUPPORT OF OPPOSITION TO ZIP THIRD'S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7; EXHIBITS IN SUPPORT THEREOF 0970 �4- , .... . . ..I— ,- - DECLARATION OF JENNIFER PETRUSIS Page 358 I DECLARATION OF JENNIFER PETRUSIS 2 I, Jennifer Petrusis, declare as follows: 3 1. I am an attorney at law duly licensed to practice before all of the courts in the State 4 of California. I am a shareholder of the law firm of Richards, Watson & Gershon, a Professional 5 Corporation, counsel of record for City of Temecula in this action. I have personal knowledge of 6 the facts set forth in this Declaration and, if called as a witness, could and would testify 7 competently to such facts under oath. 8 2. This matter is regarding the City of Temecula's recommendation that the 9 Conditional Use Permit issued to Craig Puma for the restaurant operating at 28645 Old Town Front 10 Street in Temecula, California should be revoked. z z a 11 3. Attached hereto as Exhibit E is a true and correct copy of Temecula Municipal Code oa a 12 section 17.03.085. WU Wu a z o 13 4. The Notice that the Planning Director Recommends That the CUP Be Revoked was O aa 14 sent to the owner, operator, and manager of The Bank with a carbon copy to Zip Thud Investments, 3 a o� 15 LLC ("Zip Third"). A true and correct copy of the Notice indicating the carbon copy to Zip Third i Z 16 is included in Exhibit F after my July 5, 2022 email to Norman Solomon, manager of Zip Third. U o 17 5. Initially, the Notice was sent to Zip Third at the location of The Bank in Temecula, 18 California. After speaking with Mr. Solomon on July 1, 2022, 1 emailed him a copy of the Notice 19 on July 5, 2022. Attached hereto as Exhibit F is a true and correct copy of my email to Mr. 20 Solomon on July 5, 2022. 21 6. Since I did not receive a response from Mr. Solomon to my July 5, 2022 email, I 22 sent a letter to Mr. Solomon on July 8, 2022 that also contained as an enclosure the Notice letter. 23 Attached as Exhibit G is a true and correct copy of my July 8, 2022 letter. 24 1 declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. 26 Executed on this 29th day of August, 2022, at Los Angeles, California. 27 28 Jennifer Petrusis 0971 DECLARATION OF JENNIFER PETRUSIS Page 359 EXHIBIT E 0972 Page 360 17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 1 of 4 Temecula, California Municipal Code Title 17 ZONING Chapter 17.03 ADMINISTRATION OF ZONING 17.03.085 Revocations and modifications —Conditional use permits, development plans, and other land use entitlements. A. Revocation. Notice. a. If the planning director determines that any conditions of approval of a conditional use permit, variance, development plan, or other land use entitlement have been violated, or that the permittee is operating in a manner that is inconsistent with or that is not in accordance with the approved statement of operations, or that such entitlement is being used in a way that is injurious to the public health, safety, or welfare, the planning director shall send notice to the permit holder and the city clerk. The planning director may consult with the chief of police or fire chief in making this determination. The notice shall provide sufficient information to inform the permit holder of the reasons why the planning director is recommending that the permit be revoked and shall specifically identify the findings for revocation as set forth is subsection (A)(4) below, and that a public hearing shall be held before an independent hearing officer to determine whether the permit should be revoked, modified, or remain unchanged b. The city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent hearing officer. The matter shall be heard within forty-five days of referral to the Office of Administrative Hearings, but may be extended for due cause including scheduling limitations of the hearing officer. In the event the Office of Administrative Hearings is unable to provide a hearing officer, the city clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. i. Not less than fifteen days prior to the public hearing, the city clerk shall notify the planning director and the permit holder of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the city clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. ii. Within five days of the date of mailing the notice of the available panel, the planning director and the permit holder may notify the city clerk in writing that he or she elects to remove one of the three potential hearing officers. 0973 https://library.gcode.us/lib/temecuIa_ca/pub/municipal_code/item/titie_17-chapter 17 03-17 03 .Pag�B/2022 17.03.085 Revocations and modifications —Conditional use permits, development plans, and othe... Page 2 of 4 iii. The city clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. 2. Notice of the public hearing shall be given to the general public pursuant to the provisions of Government Code Section 65090 and Section 17 03.040(B). 3. Fees. The cost of the independent hearing officer shall be paid for by the city. 4. Public Hearing Before Independent Hearing Officer. A public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. At the public hearing, the hearing officer shall receive oral and written evidence from the planning director, or designee, any other city personnel, the permit holder, and any member of the public wishing to heard at the public hearing. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witnesses in a fair and impartial manner. The planning director, or designee, shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her recommendation to revoke the permit is based. The public hearing shall be recorded by audio recording. The city shall, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. The transcript shall be made available for purchase to both parties. The hearing officer may continue the public hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 5. Revocation. The independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; c. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 6. Independent Hearing Officer Decision. Within ten days of the conclusion of the public hearing, the hearing officer shall render his or her decision and make written findings of fact and law supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the planning director and the permit holder, along with a proof of mailing. 0974 https://]ibrary.gcode.us/lib/temecula_ca/pub/municipal_ code/item/title_17-chapter_17_03-17_03 Page73 /2022 17.03.085 Revocations and modifications —Conditional use permits; development plans, and othe... Page 3 of 4 7. Public Hearing Before the Planning Commission. The planning commission shall hold a public hearing to review the independent hearing officer's decision on the permit revocation. Notice of the public hearing shall be given pursuant to subsection (A)(2) of this section. The notice of public hearing shall briefly summarize the grounds for the independent hearing officer's decision to revoke the permit, modify any conditions of approval, or allow the permit to remain in place unchanged. The planning commission shall review the transcript of the proceeding before the independent hearing officer and the findings of fact and law issued by the independent hearing officer. The planning commission shall only consider the evidence presented at the hearing before the independent hearing officer as well as any new evidence presented by the public at the public hearing before the planning commission. The city clerk is authorized to retain an attorney to advise the planning commission. The planning commission's decision to confirm, modify or overturn the independent hearing officer's decision shall be set forth in a resolution. The city clerk shall mail a copy of the resolution to the permit holder along with a proof of service. If the planning commission decision is not timely appealed, the revocation of the permit or any modifications to the conditions of approval shall be effective upon adoption of the planning commission resolution. 8. Appeal. Within ten calendar days from date of the city clerk's mailing of the planning commission's decision, either party may appeal the decision to the city council. The appeal shall be in writing and shall state the grounds of the appeal and specify the errors in the decision. Upon receipt of the appeal, the city clerk shall schedule the appeal for review by the city council at the next council meeting not less than twenty calendar days after receipt of the appeal. The city council review of the appeal shall be limited to determining whether the evidence received at the revocation hearing supports the findings and decision of the planning commission. The city council shall be limited to the evidence presented at the revocation hearing before the independent hearing officer and planning commission as well as any new evidence presented by the public at the public hearing. The city council's decision on the appeal shall be by resolution and that decision shall be final. Upon adoption of the resolution, the city clerk shall mail a copy of the resolution to the permit holder. Any legal action challenging the city council's decision shall be filed within ninety days of the date of the proof of service of mailing the council's resolution pursuant to Section 1094.5 et seq., of the California Code of Civil Procedure. If the council upholds the revocation of a conditional use permit or any modification to the conditions of approval, the revocation of the conditional use permit or modifications to the conditions of approval shall be effective upon adoption of the city council resolution. (Ord. 20-08 § 4) Contact: City Clerk: 951-694-6444 Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use. 0975 littps:Hlibrary.gcode.us/lib/temecula ca/pub/municipal_ code/item/title17-chapter 17 03-17 03 .Pagel)5/2022 EXHIBIT F 0976 Page 364 Mary Greer From: Sent: To: Subject: Attachments: Good morning, Mr. Solomon: Jennifer Petrusis Tuesday, July 5, 2022 9:09 AM 'norm@metro-resources.com' The Bank CUP Revocation Matter 05192022 - Letter.pdf It was a pleasure speaking with you on Friday. Attached is a copy of the notification letter regarding the Planning Director's recommendation that the Conditional Use Permit obtained by Craig Puma and utilized by The Bank restaurant, located at 28645 Old Town Front Street, be revoked. At this point, we are looking at August 30-31 for the hearing before the Office of Administrative Hearings. Based on our conversation on Friday, we will now send you notifications at 3055 Wilshire Blvd., No. 1010, Los Angeles, CA 90010. If that address changes, please let me know and I will update our records. Please let me know if you have any questions about the revocation process. Based on our conversation, I have passed on your request to Luke Watson. I will update you as soon as I hear from him, but in the meantime, I will be continuing the process of setting the revocation matterfor hearing. Best regards, Jennifer Jennifer Petrusis Shareholder 1= RICHARDS WATSON GERSHON 350 South Grand Avenue, 371h Floor Los Angeles, CA 90071 T : 213.626.8484 F : 213.626.0078 D: 213.253.0237 W : rwRlaw. com 0977 Page 365 CC : Banes � Cif of Temecula Community Development 4 i 000 Main Street • Temecula, CA 92590 Phone (951( 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old "fown Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: Page 366 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA12-0041, the regular hours of operation shall be as follows: Monday -Thursday I 1 a.m, to 10 p.m., Friday 1 I a.m. to 11 p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m. on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: + March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) a April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) O April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250,00 Citation (Paid) III%1rP%l Page 367 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) • May 1, 2021 $250.00 Citation (Delinquent) • May 7, 2021 $250.00 Citation (Paid) • May 8, 2021 $250.00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) • June 4, 2021 $250.00 Citation (Delinquent) • June 5, 2021 $250.00 Citation (Delinquent) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) • July 2, 2021 $250.00 Citation (Paid) • July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) ■ July 30, 2021 $1,000 Civil Penalty (Paid) • July 31, 2021 $1,000 Civil Penalty (Paid) • August 1, 2021 $1,000 Civil Penalty (Paid) August 6, 2021 $1,000 Civil Penalty (Paid) • August 7, 2021 $1,000 Civil Penalty (Paid) • August 8, 2021 $1,000 Civil Penalty (Paid) 0980 Page 368 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) * August 20, 2021 $1,000 Civil Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) ® August 28, 2021 $1,000 Civil Penalty (Paid) Y September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) o September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) ■ September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) ■ October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) a October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) ■ October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) r November 6, 2021 51,000 Civil Penalty (Paid) 0981 Page 369 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) • November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) • January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) • January 28, 2022 $1,000 Civil Penalty (Delinquent) • January 29, 2022 $1,000 Civil Penalty (Delinquent) • February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 0982 Page 370 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 • February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations; Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. • April 9, 2021 $50.00 Citation (Paid) ■ April 10, 2021 $150.00 Citation (Paid) • April 16, 2021 $250,00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) • April 23, 2021 $250.00 Citation (Delinquent) • April 24, 2021 $250.00 Citation (Delinquent) • April 30, 2021 $250.00 Citation (Delinquent) May 1, 2021 $250.00 Citation (Delinquent) • May 8, 2021 $250,00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) • May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) Page 371 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriff's Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the immediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03,085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the pen -nit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 1'.*' Page 372 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP. Additional information regarding the hearing process can be found at TMC Section 17.03.085. Regar e Watson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk Page 373 Cites of Temecula Communtty Development 41000 Main Street or Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula. CA 92569-9033 Phone 1951) 694.6400 o Fax 19511 694-6477 - www.dtyottemecula.org February 28, 2012 Mr. Craig Puma The Sank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07-0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal It within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval Is effective until February 28, 2012 unless extended in accordance with the Development Code. Written request for a time extenslon must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.flsk is cityoftemecia.orr . Sincerely, wart Fisk, A I C P Senior Planner Enclosures: Conditions of Approval 0986 Pranced ran'?" GAP f-ANNING12012\PA12-0041 Bank of Mexican Food MOD\PlanningWPPROVAL LTR.dm Page 374 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036.011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date. February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements Th-e applicant and owner of the real property subject to this condition shall hereby agree to indemnify,, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3, This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. WPLANNING\20121PA12-0041 Bank of Mexican Food M091fi1687FINAL COA-CUP.doc 1 Page 375 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The res-ervation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not In -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions Imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use permit. 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, Including anyfencing or gates that may be constructed in the future. 7. This approval shall be. used within two years of the approval date, otherwise, itshall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which Is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 8. If commencement of the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Prforto an employee selling alcohol from this facility, the.alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified bythe California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113108). 11, An 8.5" x 11" (or larger) sign listing local transportation -service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday l l a.m, to 10 p.m., Friday 11 a.m, to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holldays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108). GAPLANNINGX20121PA12-0041 Bank of Maxlcan Food MQpUaaol \FINAL COA-CUP.doc Page 376 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15, Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are In force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maln,talned in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes In the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and Is subject to inspection (CFC 105). 18. Prior to issuance of bullding permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler'system. Plans shall be submitted to the Fire Prevention Bureau for approval, Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 19. Prior to Issuance of building permit, any changes affecting the fire•alarm system shall require a permit for the fire.alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau, If any cooking appliances have been added and the hood extinguishing system is not tied into the fire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20.. The developer shall contact the City s franchised solid waste hauler for disposal of constructlon and demolition debris. Only the City s franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website atwww.cftyoftemecula.org; under Chapter5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. GAPlANNINGU0121PA12-0041 Bank of Mexican Food MO0"sNAL COA-CUP.doc Page 377 0 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6,00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following a. A valid California driver's license b. A valid California identification card C. A valid military Identification card (aotive/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport A valid government issued identification card issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code); a. Name of person b, Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27. -Applicant will ensure all employees involved with the sales; service and -identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed poor to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. GAPLANNING12012TA12-004.1 Bank of Mexican Food MrDNOla^.�1r, 1TINAL COA-CUP.doc I Page 378 E 28. Miscellaneous: 11 a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional," (23805 B&P). b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and Inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC), C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many on, crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot, (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts whleh are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 1-8 Inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. G,IPLANNING12012\PA12-0041 Bank of McAcan Food Mr,,' ='e i d: )TINAL COA-CUP.doc J Page 379 M 4 Cily of Temecula 0.0 Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 v Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No, PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17,04.010,J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific WPLANNING120081PA08-0236 Bank of Mexico Minor MookPlanning\APPROVAL LETTER ADMINISTRATIVE doe 0992 Page 380 determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. in addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days frorn the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your ka ic;_L41[1on�tr.L�city!c�fiemer�tla�ord, Sincerely, Katie Innes Assistant Planner Kilks Enclosures: Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 G:IPLANNING\20081PA08-0236 Bank of Mexico Minor MOD1PlanningWPPROVAL LETTER ADMINISTRATIVE.doc 0993 Page 381 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLIES: INI'TiALS: PLANNER: Page 382 I ACCEPTANCE OF CONUTHONIS OF APPROVAL i, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read'the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE DATE 111*0161 Page 383 EXHIBIT A CITY OF TEMECULA FINAL C00011TIONS OF APPROVAL Manning Application No.; PA08-0236 Project Descripbon: A Minor Modification to an approved Minor Conditional.Use Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 IVISHCP Category: NIA DIE~ Category: N/A TUfNIF Category: N/A Approval Date: October 9, 2008 Eupiratibai Date: October 9, 2010 PLANNING DEPARTMENT Within, 48 HOUrs of the Approval of This Project PL-1 The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code: Section 21152 and California Code of Regulations Section 15052. If within said 48-1101-11* period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711,4(c)). PE_-2, The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original si.gnature to the Planning Department. General Requirements PL-3.. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify: protect, hold harmless, and defend the City with Legal Counsel of the City's owii selection from any and all claims, actions, awards, judgments,. or proceedings against the City to attack, set asid.e', annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 1 • • - Page 384 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application.. The City shall be deemed for purposes of [his condition, to include any agency or instrwreotality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicanf shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval PL-5, This Conditional Use Permit may be revoked pursuant to Section 1 7M.080 of the City's Development Code. PL-G The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to. review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and. the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-i The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit PL-8 . The- permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future. PL-9 This approval shall be used within, two years of the approval date; .otherwise, it shall beCOMe null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10. If commencement of the use. has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L E.A.D.), or received training from :any other program certified by 0997 Page 385 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3/D8). PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). PL-13. Regular hours of operation shall be as follows: Monday -Thursday 11a.m to 10 p.m., Friday 1 i a.m. to 11 p rn., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m. to 10 p.m. PL-14 In the case that the restaurant manager would like to stay open past the regular hours of operation (stated above) he/she may be permitted to stay open until 2:00 a.rn When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. PL-15. "Last call" for afthol service shall occur at 1:30 a.m, as consistent with California State Law. PL-16. A separate building permit shall be obtained prior to the commencement of constructionAenant improvement or other interior or exterior improvements requiring building permits PI_-17. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18. All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above. Page 386 e EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: *Leom G DRIVE: _ PERMITS PLUS: INITIALS: PLANNER: te G:1Planning\20071PA07-0314 The Bank Upgrade to Type 47 Minor CUP1Planning\FINAL COA-CUP doc 0999 Page 387 AM ACCEPTANCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. C- SIGNAT E k L G:1P1anning12007\PA07.0314 The Bank Upgrade to Type 47 MInor CUP1PIann1n9kFINAL COA-CUP doc 1000 11 City of Temecula Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.O. Box 9033 • Temecula, CA 92599-9033 (951) 694-6400 • FAX (951) 694-6477 January 4, 200B Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at kalio lec onit(2:Ci)cit O(tel'I)CCLJI�i.ora. Sincerely, j a,tc fit✓ Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:IPlan ningt2007\PA07-0314 The Bank Upgrade to Typ100"IUPIPlanningWPROVAL LTR doc Page 389 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL. Planning Application No.: PA07-0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922.036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk In the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G:1P1ann1ng120071PA07-0314 Tho Bank Upgrad© to Type 47 MInor CUPTIenning\FINAL COA-CUP_doc I OP02 Page 390 GENERAL REQUIREMENTS G:1PlanninM20071PA07-0314 The Bank Upgrade to Type 4i166.1%PIanninglFINAL COA-CIJP.doc Page 391 M Planning Department The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or Indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens In regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 5. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the City's Development Code. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right andjurlsdiction to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change In scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and Clty Council is In addition to, and not in-Ileu of, the right of the City, its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, The permlttee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. The pormitlee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 10, If commencement of the use has not occurred within two years of approval of this permit, the permittoe may File an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. GV1ann1ng12007ll1A07.0314 The Bank Upgrade to Type 47 Minor CUMPIanninglFINAL COA•CUP.doc 1004 Page 392 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure Ihat the employee has received Licensee Education onAlcoholand Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 6 a.m, to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 113108). 14, A separate building permit shall be obtained prior to the commencement of construction, tenant improvernent or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20, Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G \Plannmq\20071PA07-0314 The Bank Upgrade to Type 471ir6 dglanninq\FINAL COA-CUP doc Page 393 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 22. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's websile at www.cityoftemecula.org; under Chapter 5.08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2.00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25. Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military Identification card (active/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 27 As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e, Currently valid (not expired) GAPIenn1ng%2007WA07.0354 The Bank Upgrade to Type 47 Minor CMPIanningMNAL COA-CUP.doc 1006 Page 394 N 26, Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date, An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a,m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P). b, Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This Includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer, (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC). c. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffitl, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises include the parking lot. (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.E PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPIanning1200APA07-0314 The Bank Upgrade to Type 47 I r.Lt.QPlanninglFlNAL COA-CUP.doc Page 395 Alcohol Review Board; A review board will convene with the applicant on Wednesday. December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, 0:%P1anning12007%PA07.0314 The Bank Upgrade 10 Type 47Joltfd6IPIanning%FINAL COA-CUP doc Page 396 Klf DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. _Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further_ Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010.E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040,010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G \P1anning\2007\PA07-0314 The Hank Upgrade to Type 47 iN41"F9Uing\DH RESOLUTION EXEMPT FROM CEQA doc Page 397 AML existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan, The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B- The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. it has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. G:1P1anning'00071PA07-0314 The Bank Upgrade to Type 47 Jn6J#nning\DH RESOLUTION EXEMPT FROM CEQA.doc - . _ . _ _ .... Page 398 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 41license (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met, Furthermore, the City of Temecula Police Department has provided conditions of approval for the project and concurs with the request for the licenso upgrade and sale of alcoholic products at the project site. Section 3. Environmental Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. it has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. GAP1anning0007%PT07-0314 The Bonk Upgrade to Type 47 N i103,1ning\DH RESOLUTION EXFiMPT FR0N1 CEQA.doc Page 399 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-00.1 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of January 2008. Kat 5imp s, . Ecr ary G.APIanning\2007WA07-0714 The Bank Upgrade to Type 47 Mi jr61' !Z,ing1UH RESOLUTION EXEMPT FROM CEQA.doc Page 400 EXHIBIT G 1013 Page 401 July 8, 2022 VIA ELECTRONIC MAIL & U. S. MAIL Norman Solomon Zip Third Investments, LLC 3055 Wilshire Boulevard, No. 1010 Los Angeles, California 90010 norm metro-resources.com Re Jennifer Petrusis T 213.626.8484 F 213.626.0078 I:. jpetrusis@rwglaw.com 350 South Grand Avenue 37th Floor Los Angeles, CA 90071 rwglaw.com Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends That Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear Mr. Solomon: I am writing to follow up on our telephone conversation on Friday, July 1, 2022, during which we discussed the City of Temecula Planning Director's recommendation that the Conditional Use Permit for the property located at 28645 Old Town Front Street be revoked. You provided me with your e-mail address and your preferred mail address, and I emailed you a copy of the Notification letter from the Planning Director on Tuesday, July 5, 2022. Since I have not received a response to my e-mails, including those regarding proposed hearing dates, I am sending the Notification letter to you by mail to make sure you receive it well before the hearing date. As I mentioned in my e-mails, the City and its witnesses are available August 30- September 2, 2022. Mr. Puma has confirmed that he is also available during that time period. have not received confirmation one way or the other from Amanda Moore. During our conversation on July 1, 2022, you also asked if the City would consider delaying the revocation matter. The City declines your request and it will be proceeding with the revocation matter. Please feel free to contact me if you have any questions. Very truly yours, J n ifeletrusis Enclosure(s) 11086-0773\2689445v1.doc 1014 San Franci5ce Orange Co : t,.- Temecula Central Coast ".` _� Page 402 cc.. K(2nd� 6� City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax 1951) 694-6477 • TemeculaCA.gov CERTIFIED MAIL RETURN RECEIPT REQUESTED May 19, 2022 CNC Puma Corporation Brand Landon, Agent for Service of Process 27555 Ynez Road, Suite 110 Temecula, California 92591 Craig Puma The Bank 28645 Old Town Front Street Temecula, California 92590 Amanda Moore, CEO 28645 Old Town Front Street Temecula, California 92590 Re: Notice Pursuant to Temecula Municipal Code section 17.03.085 that the Planning Director Recommends that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 for the Property Located at 28645 Old Town Front Street Be Revoked Dear CNC Puma Corporation, Mr. Puma, and Ms. Moore: On April 18, 2022, I resent you a notification pursuant to Temecula Municipal Code section 17.03.085 that I am recommending that Conditional Use Permit PA12-0041, PA08-0236, and PA07-0314 (collectively "CUP") approved by the City of Temecula Planning Department be revoked. The CUP allows the property located at 28645 Old Town Front Street in the City of Temecula, which is currently operated as The Bank, to hold a Type 47 ABC license and to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, subject to the Conditions of Approval ("Conditions"), which are enclosed. Because my April 18, 2022 letter contained the wrong Conditions of Approval for the PA08-0236, I am resending the notification with the correct enclosures. My recommendation that the CUP be revoked is based on The Bank's persistent violations of the CUP's Conditions as detailed below: 1015 Page 403 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 2 Condition No. 12 1. According to Condition No. 12 of PA 12-0041, the regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Friday 11 a.m, to 11 p.m., Saturday 8 a.m. to 1 I p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. 2. Also according to Condition No. 12 of PA12-0041, the sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, and the sale of alcoholic beverages shall cease at 1 I p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. 3. Violations: Since at least February 2021, the owners, operators, and/or managers of The Bank restaurant, have violated the permitted operating hours and have consistently operated the restaurant past 11 p.m, on Friday and Saturday nights and have sold alcoholic beverages to patrons after 11 p.m. on Friday and Saturday nights. As of the date of this letter, the City of Temecula has issued at least the following administrative citations and civil penalties for violating this Condition: • March 5, 2021 $50.00 Citation (Paid) • March 6, 2021 $150.00 Citation (Paid) • March 12, 2021 $250.00 Citation (Paid) • March 19, 2021 $250.00 Citation (Paid) • March 20, 2021 $250.00 Citation (Paid) • March 26, 2021 $250.00 Citation (Paid) • March 27, 2021 $250.00 Citation (Paid) • April 2, 2021 $250.00 Citation (Paid) • April 9, 2021 $250.00 Citation (Paid) • April 10, 2021 $250.00 Citation (Paid) • April 13, 2021 $250.00 Citation (Paid) • April 16, 2021 $250.00 Citation (Paid) • April 17, 2021 $250.00 Citation (Paid) 1016 Page 404 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 3 ® April 23, 2021 $250.00 Citation (Delinquent) ® April 24, 2021 $250.00 Citation (Delinquent) ® April 30, 2021 $250.00 Citation (Delinquent) e May 1, 2021 $250.00 Citation (Delinquent) + May 7, 2021 $250.00 Citation (Paid) ® May 8, 2021 $250.00 Citation (Paid) ® May 14, 2021 $250.00 Citation (Delinquent) s May 15, 2021 $250.00 Citation (Delinquent) • May 21, 2021 $250.00 Citation (Delinquent) • May 22, 2021 $250.00 Citation (Delinquent) ® June 4, 2021 $250,00 Citation (Delinquent) ® June 5, 2021 $250.00 Citation (Delinquent) June 11, 2021 $250.00 Citation (Delinquent) ® June 12, 2021 $250.00 Citation (Delinquent) a July 2, 2021 $250.00 Citation (Paid) July 3, 2021 $250.00 Citation (Paid) • July 27, 2021 $1,000 Civil Penalty (Paid) • July 30, 2021 $1,000 Civil Penalty (Paid) ® July 31, 2021 $1,000 Civil Penalty (Paid) ® August 1, 2021 $1,000 Civil Penalty (Paid) ■ August 6, 2021 $1,000 Civil Penalty (Paid) August 7, 2021 $1,000 Civil Penalty (Paid) August 8, 2021 $1,000 Civil Penalty (Paid) 1017 Page 405 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 4 • August 13, 2021 $1,000 Civil Penalty (Paid) • August 14, 2021 $1,000 Civil Penalty (Paid) • August 20, 2021 $1,000 Civil .Penalty (Paid) • August 21, 2021 $1,000 Civil Penalty (Paid) • August 27, 2021 $1,000 Civil Penalty (Paid) • August 28, 2021 $1,000 Civil Penalty (Paid) • September 4, 2021 $1,000 Civil Penalty (Paid) • September 10, 2021 $1,000 Civil Penalty (Paid) • September 18, 2021 $1,000 Civil Penalty (Paid) • September 24, 2021 $1,000 Civil Penalty (Paid) • September 25, 2021 $1,000 Civil Penalty (Paid) • October 1, 2021 $1,000 Civil Penalty (Paid) • October 2, 2021 $1,000 Civil Penalty (Paid) • October 8, 2021 $1,000 Civil Penalty (Paid) • October 9, 2021 $1,000 Civil Penalty (Paid) • October 15, 2021 $1,000 Civil Penalty (Paid) • October 16, 2021 $1,000 Civil Penalty (Paid) • October 22, 2021 $1,000 Civil Penalty (Paid) • October 23, 2021 $1,000 Civil Penalty (Paid) • October 30, 2021 $1,000 Civil Penalty (Paid) • October 31, 2021 $1,000 Civil Penalty (Paid) • November 5, 2021 $1,000 Civil Penalty (Paid) • November 6, 2021 $1,000 Civil Penalty (Paid) 1018 Page 406 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 5 • November 12, 2021 $1,000 Civil Penalty (Paid) • November 13, 2021 $1,000 Civil Penalty (Paid) • November 19, 2021 $1,000 Civil Penalty (Paid) • November 20, 2021 $1,000 Civil Penalty (Paid) • December 3, 2021 $1,000 Civil Penalty (Paid) • December 4, 2021 $1,000 Civil Penalty (Paid) • December 10, 2021 $1,000 Civil Penalty (Paid) • December 17, 2021 $1,000 Civil Penalty (Paid) • December 18, 2021 $1,000 Civil Penalty (Paid) • December 31, 2021 $1,000 Civil Penalty (Paid) • January 7, 2022 $1,000 Civil Penalty (Paid) • January 8, 2022 $1,000 Civil Penalty (Paid) • January 15, 2022 $1,000 Civil Penalty (Delinquent) • January 16, 2022 $1,000 Civil Penalty (Delinquent) January 22, 2022 $1,000 Civil Penalty (Delinquent) • January 23, 2022 $1,000 Civil Penalty (Delinquent) ■ January 28, 2022 $1,000 Civil Penalty (Delinquent) ■ January 29, 2022 $1,000 Civil Penalty (Delinquent) ® February 4, 2022 $1,000 Civil Penalty (Delinquent) • February 5, 2022 $1,000 Civil Penalty (Delinquent) • February 11, 2022 $1,000 Civil Penalty (Delinquent) • February 12, 2022 $1,000 Civil Penalty (Delinquent) • February 18, 2022 $1,000 Civil Penalty (Delinquent) 1019 Page 407 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 6 Y February 19, 2022 $1,000 Civil Penalty (Delinquent) Although City staff has explained the permitted operating hours to management of The Bank, the restaurant continues to violate Condition No. 12 of PA12-0041 and it routinely operates and sells alcoholic beverages past 11 p.m. on Friday and Saturday nights. Condition No. 28.c. 4. According to Condition No. 28.c. of PA12-0041, licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise and loud music and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises includes the parking lot. 5. Violations: Between April 2, 2021 and July 3, 2021, the City issued the administrative citations listed below for violating the noise standards contained in 'Temecula Municipal Code section 9.20.040. Specifically, music played through outside speakers at the restaurant violating the maximum noise level of 70 dba for exterior noise at a commercial property. W April 9, 2021 $50.00 Citation (Paid) ® April 10, 2021 $150.00 Citation (Paid) ® April 16, 2021 $250.00 Citation (Paid) e April 17, 2021 $250.00 Citation (Paid) Y April 23, 2021 $250.00 Citation (Delinquent) a April 24, 2021 $250.00 Citation (Delinquent) ® April 30, 2021 $250.00 Citation (Delinquent) s May 1, 2021 $250.00 Citation (Delinquent) May 8, 2021 $250,00 Citation (Paid) • May 14, 2021 $250.00 Citation (Delinquent) May 15, 2021 $250.00 Citation (Delinquent) May 21, 2021 $250.00 Citation (Delinquent) May 22, 2021 $250,00 Citation (Delinquent) 1020 Page 408 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 7 • July 3, 2021 $250.00 Citation (Paid) • July 2, 2021 $250.00 Citation (Paid) • June 11, 2021 $250.00 Citation (Delinquent) • June 12, 2021 $250.00 Citation (Delinquent) 6. Violations: It has been the experience of the Riverside County Sheriffs Department that there have consistently been numerous instances of disturbances, assaults, batteries, public intoxication, and other crimes on The Bank's premises and in the inunediate vicinity of The Bank. In January 2022, there was a shooting on The Bank's premises in which a former employee of The Bank was killed and two other individuals were seriously injured. The shooting occurred approximately an hour after The Bank should have been closed for the evening, yet The Bank was still operating in violation of Condition 12 of PA 12-0041. The former employee and victim of the shooting had been involved in a physical altercation at The Bank months before the shooting. According to the Riverside County Sheriff's Department, The Bank used unlicensed security guards, some of which had criminal backgrounds, and this decision to use unlicensed security guards contributed to the criminal activity at The Bank. Revocation Process This notification is also being sent to the City Clerk. Pursuant to Temecula Municipal Code ("TMC") Section 17.03.085(A)(1)(b), the City Clerk will refer this matter of revocation to the California Office of Administrative Hearings for an assignment to an administrative law judge to serve as an independent hearing officer. Pursuant to TMC Section 17.03.085(A)(1)(4), a public hearing shall be held before an independent hearing officer to determine whether there are grounds to revoke the permit. Pursuant to TMC Section 17.03.085(A)(1)(5), the independent hearing officer may revoke a permit, or impose or modify any conditions imposed on the permit if he or she finds that any of the following findings can be made: a. That the permit was obtained by omission, misrepresentation, or fraud; b. That any of the conditions of approval for the permit have not been met, or the use is operating in a manner that is inconsistent with any of the conditions of approval; C. That the use for which the permit was granted is operating in violation of any statute, ordinance, law or regulation; d. That the permit is being exercised in a way that is detrimental to the public health, safety or welfare or constitutes a nuisance. 1021 Page 409 CNC Puma Corporation, Mr. Puma and Ms. Moore May 19, 2022 Page 8 You will receive notice regarding the date scheduled for the hearing. During the hearing, you and any other member of the public will be provided an opportunity to speak before the independent hearing officer to present relevant testimony and evidence as it pertains to the potential revocation of the CUP, Additional information regarding the hearing process can be found at TMC Section 17.03.085. 2cWatson Deputy City Manager Enclosures cc: Zip Third Investments, LLC, attn. Norman S. Solomon, property owner of 28645 Old Town Front Street, Temecula, CA 92590 Maureen Licata, 1562 Despard Avenue, Victoria, British Columbia, Canada V8S 1T3 Randi Johl, City Clerk 1022 Page 410 J City of Temecula Communky Development 41000 Main Street a Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula. CA 92589-9033 Phone 1951) 694.6400 o Fax 1951) 694-6477 ■ www.clryoftemecula.org February 28, 2012 Mr. Craig Puma The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT: Planning Application No. PA12-0041, A Minor Modification to a Conditional Use Permit (PA07.0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street. Dear Mr. Puma: On February 28, 2012 the City of Temecula Planning Department approved the above referenced project. Anyone dissatisfied with this decision may appeal It within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until February 28, 2012 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration dale. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 506-5159 or by email at stuart.fiskOcitvofterriecla. crq. Sincerely, wart Fisk, AICP Senior Planner Enclosures: Conditions of Approval 1023 ®P n1Pd on R �9.QPL ANNINGQ0121PA12-0041 Bank of Mexican Food MOD1Planning�APPROVAL LTR.doc Page 411 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Minor Modification to a Conditional Use Permit (PA07- 0314) for a Type-47 ABC license (on -sale general) to allow for dinner entertainment for the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No, 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: February 28, 2012 Expiration Date: February 28, 2014 PLANNING DEPARTMENT General Requirements 1. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the Citywith Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application, The City shall be deemed for purposes of this condition, to include any agency or Instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition Is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 2. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. 3. This Conditional Use Permit may be revoked pursuant to Section 17.03,080 of the Cltys Development Code. G:TLANNING12012TA12-0041 Bank of Mexican Food MOUCF r,.,;ng,FINAL COA-CUP.doc 1 Page 412 4. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and the w panslon, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not In -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use permit_ 6. The permittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed in the future, 7. This approval shall be -used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utillzat'on contemplated by this approval. 8. If commencementof the use has not occurred within two years of approval of this permit, the permittee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted "in one-year Increments only. 9. Indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 P.M. 10. Pdorto an employee selling alcohol from this facility., the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.), or received training from any other program certified bythe Callfornla Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1 /3108). 11, An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 12. Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m., Fdday 11 a.m. toll p.m., Saturday 8 a.m. toll p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight, The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday, The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). GAPLANNING120121PA12-0041 Bank of Mexican Food MO Oaaoi TINAL COA-CUP.doc Page 413 13. A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other Interior or exterior improvements requiring building permits. 14. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), Califomia Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 16. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintalned in working order and up to their original design and performance specifications (CFC art.87 et al). 17. The applicant shall comply with the requirements of the Fire Code permit process and update any changes In the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and Is subject to inspection (CFC 105). 18. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler'system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau, 19. Prior to Issuance of building permit, any changes affecting the fire.alarm system shall require a permit for the fire -alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and the hood extinguishing system is not tied into the Ire alarm system, it will be required to do so. COMMUNITY SERVICES DEPARTMENT General Requirements 20.. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris. 21. The Applicant shall comply with the Public Art Ordinance. Details of the ordinance can be located on the City's website atwww.cityoftemecula.org; under Chapter5.08 of the Municipal Code. 22. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. G:TLANNINGU0121PA12-0041 Bank of Mexlcan Food MODIfI NAL COA-CUP.doc Page 414 POLICE DEPARTMENT General Requirements 23. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control, Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open, Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 24, Applicant will also comply with City Ordinance 97-07, (9.14,010 Temecula Municipal Code series). 25. Identification will be verified utilizing one of the following: a. A valid California driver's license b. A valid California identification card C. A valid military Identification card (aotive/reserve/retired/dependent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card Issued by a Federal, State, County or City agency 26. As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code); a. Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) 27. -- - Applicant will -ensure all employees involved with the sales, -service and identiflcation cheeks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and Identification checks. For this reason, the Temecula Police Department has imposed a I andatory training for all employees involved in the service and sales of alcoholic beverages, Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date. An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. G:IPLANNING1201'2\PA12-004.1 Bank of Mexican Food M0r)T1a"n1^ \FINAL COA-CUP.doc Page 415 11 28. Miscellaneous: E. a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law. Those licenses are marked "Conditional." (23805 B&P), b. Authority of Peace Officers/Refusing Inspection: Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest, Whether in plainclothes or uniform, peace officers have the legal right to visit and Inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC), C. Disorderly House: Licensees may not permit their licensed premises to become a disorderly house. A disorderly house Is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc„ and/or (b)has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot, (Section 25601 B&P; 316 PC). d. Entertainers and Conduct: On -Sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 Inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain In or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC If conduct is °obscene," e.g., intercourse, sodomy, masturbation, -etc.) e. Alcohol Review Board: A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover. G,.TLANNING120121PA12.0041 Bank of McAcan Food MG1098FINAL COA-CUP.doc Page 416 RIM a G"i ty, of T e m e c u I a- AW Planning Department 43200 Business Park Drive • Temecula, CA 92590 • Mailing Address: P.0- Box 9033 - Temecula, CA 92589-9033 (951) 694-6400 • FAX (951) 694-6477 October 15, 2008 The Bank of Mexican Food 28645 Old Town Front Street Temecula, CA 92590 SUBJECT. Planning Application No, PA08-0236, a Minor Modification to an approved Minor Conditional Use Permit (PA07.0314) to extend the hours of operation for the sale, service and consumption of alcohol associated with a previously approved Type-47 ABC license for The Bank of Mexican Food Restaurant Dear Mr. Puma: On October 9, 2008 the City of Temecula Planning Department approved the above referenced project subject to the following Findings and enclosed Final Conditions of Approval. FINDINGS Minor Modification to an approved Conditional Use Permit — 17.04.010,J 1. The proposed use is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city. The proposed modification to the use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town erea, The proposal to extend the hours of operation for the previously approved Type 47 license (on -sale general — eating place) for an existing restaurant, The Bank of Mexican Food, is consistent with goals and polices reflected in the Old rows Specific Plan. The proposed modification to the hours of alcohol sales is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area and the extended hours for alcohol service are consistent with the provisions of state law. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The Bank of Mexican► Food currently exists on -site and currently holds a Type-47 ABC license. When the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. /t has been determined that the project is consistent with the Development Code and Old Town Specific G-SPLANNINGl20081PA08.0206 Bank of Mexico Minor MOD1PlanningWPROVAL LETTER AOMINISTRATIVE_doe 1029 Page 417 determined that the project is consistent with tho Development Code and Old Town Specific Plan requirements, as related to the requested ABC license hour extension to allow for alcoholic service as consistent with state law, No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits for extended hours, as consistent with state law. N addition, the City Police Department has reviewed the proposed minor modification to extend the hours of operation to be consistent with state law, and are supportive of this request. Please review and sign the enclosed Acceptance of Conditions of Approval and return the document to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until October 9, 2010 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at your katie,lt�c:omtr: r7cit oftE rt>„c ulp orc�, Sincerely, Katie Innes Assistant Planner KI/ks Enclosures; Final Conditions of Approval Acceptance of Conditions of Approval cc: Angela Reveles (approval letter and Final Conditions of Approval) Department of Alcoholic Beverage Control 3737 Main Street, Suite 900 Riverside, CA 92501 G:IPLANNING120081PA08-0236 Bank of Mexico Minor MOD1PIanningWPROVAL LETTER ADMINISTRATIVE.doc 1030 Page 418 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: SNIT&ALS: PLANNER: 1031 Page 419 I ACC[4 P1T/ANCE OF CO MTIOin9S OF A('PROVAI\1L 1, Craig Puma understand that Planning Application No. PA08-0236 has been approved with Conditions of Approval which are set forth in Exhibit A. l have read'the Conditions of Approval and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions: SIGNATURE 1032 Page 420 EXHIBIT A CITY OF TEMECUL A FINAL CONDITIONS OF APPROVAL Planning ApplicafsorD No,: PA08-0236 Project Description: A Minor Modification to an approved Minor Conditional.U' e Permit (PA07-0314), to extend the hours of operation for the sale, service and consumption of alcohol associated with a previsouly approved Type-47 ABC license for The Bank of Mexican Food, located at 28645 Old Town Front Street, Assessor's Parcel No.: 922-036-011 IVISHCP Category: N/A DIF Category: NIA TUNIF Category, N/A Approval Date: October 9, 2008 Expiration Date: October 9, 2010 PLANNING DEPARTMENT IftfiQhin 48 hlours of the Approval of This ,Project PL-1. -t-he applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code: Section 2,1152 and California Code of Regulations Section 15052, If within said 40-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)) The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning eparti'nent. General Requirements PL-3.. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend- the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the 1033 Page 421 City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of [his .condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents.' City shall promptly notify both (fie applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval PL-5. This Conditional Use Permit may be revoked pursuant to Section 1 i-03.080 of the City's Development Code, PL-G The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to' review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to the modification of the business, a change in scope, emphasis, size or nature of the business, and. the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission: and City Council to review and revoke or modify any Conditional Use Permit approved' or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit PL-8. The- permittee shall submit a minor modification application to be approved for any exterior changes made to (lie building, including any fencing or gates that may be constructed in the future. PL-9 This approval shall be used within two years of the approval date; .otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by. this approval within the two-year period, which'is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-10. If commencement of the use, has not occurred within two years of approval of this permit, the pern)iltee may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only. PL-11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcoho; and Drugs (t. E.A.D.), or received training from.an.y other program certified by 1034 Page 422 the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 1/3108). PL-12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber. of Commerce (telephone number 951-676-5090). PL-13, Regular hours of operation shall be as follows: Monday -Thursday 11a.m to 10 p.m., -Friday 11 a.m. to 11 p m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a m, to 10 p,m. PL-14. In the case that the restaurant manager would like to stay open past the regular hours, of operation (stated above) he/she may be permitted to stay open until 2:00 a,rn When this occurs, alcoholicbeverages may be served until 2:00 a.m. as consistent with the provisions of California State Law. PL-15 "Last call' for alcohol service shall occur at 1:30 a.m, as consistent with California State Law, Pt--16- A separate building permit shell be obtained prior to the commencement of construction,'tenant improvement o other interior or exterior improvements requiring building -permits PI. 17, All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PL-18 All previous conditions of approval issued by the Fire Prevention Bureau, Community Service Department and Police Department, for PA07-0314 shall still apply and shall be complied with, in conjunction with the conditions set forth above 1035 Page 423 EXHIBIT A FINAL CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: v PLANNER: �orntq GAPlanning120071PA07-0314 The Bank Upgrade to Type 47 Minor CUP1PIanninglFINAL COA-CUP,doc 1036 Page 424 ACCEPTA' INCE OF CONDITIONS OF APPROVAL I, Craig Puma, understand that Planning Application No. PA07-0314 has been approved with Conditions of Approval which are set forth in Exhibit A. I have read the Conditions of Approval contained in DH Resolution No. 08-001, and understand them. Through signing this ACCEPTANCE OF CONDITIONS OF APPROVAL, I agree and commit to the City of Temecula that I will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. s G VA rC E DA TE GAP1ann1n90007\PA07.0314 The Bank Upgrade to Type 47 Minor CUP\P1enn1nUW1NAL COA-CUP.doc 1037 11 E City of Temecula Planning Department 43200 Busincss Park Drive • Temecula, CA 92590 • Mailing Address P.O. Box 9033 • Temecula, CA 92599-9033 (951) 694-6400 • FAX (95 t) 694-6477 January 4, 2008 Mr. Craig Puma The Bank of Mexican Food 31415 Cabern Court Temecula, CA 92591 SUBJECT: Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade an existing Type-41 ABC license to a Type-47 ABC license authorizing the sale of beer, wine and distilled spirits at an existing restaurant Dear Mr. Puma: On January 3, 2008 the City of Temecula Planning Director approved the above referenced project subject to the enclosed final Conditions of Approval. Please review and sign the enclosed Acceptance of Conditions of Approval document and return the document with an original signature to the Planning Department within 48 hours of receipt of this letter. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within fifteen calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until January 3, 2010 unless extended in accordance with the Development Code, Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any questions regarding this subject or approval, please contact me at (951) 694-6400 or by email at c:alie.l[?esrrttE-,-Lr)ci_yr7ft ,rnecuta.org. Sincerely, Katie Le Comte Assistant Planner Enclosures: Stamped Plans Final Conditions of Approval Acceptance of Conditions of Approval cc: Diane Ball, Building and Safety (no plans) Elsa Wigle, Fire Prevention (stamped plans) Barbara Smith, Community Services (stamped plans) Lynn Fanene, Temecula Police Department (stamped plans) G:1P1annin9\2007\PA07-0314 The Bank Upgrade to Typefdrg6P\Planning\APPROVAL LTR doc Page 426 liz- F EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA07.0314 Project Description: A Minor Conditional Use Permit to upgrade an existing Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No. 922-036-011 MSHCP Category: NIA DIF Category: NIA TUMF Category: NIA Approval Date: January 3, 2008 Expiration Date: January 3, 2010 WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT Planning Department The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. G1Plannfngk20071PA07-0314 Tho Bank Upgrade to Type 47 Minor CUPIPIenning\FINAL COA-CUP.doc 1039 Page 427 LAU GENERAL REQUIREMENTS GVlanning120071PA07-0314 The Bank Upgrade to Type 471i r 1.6PlanningWINAL COA-CUP.doc Page 428 R Planning Department a The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the Clty's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body Including actions approved by tho voters of the Cily, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The applicant shall comply with their Statement of Operations, on file with the Planning Department, unless superseded by these Conditions of Approval. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 6. The City, and its Planning Director, Planning Commission, and City Council retain and reserve the right andjurisdiclion to review and modify this Conditional Use Permit (Including the Conditions of Approval) based on changed circumstances, Changed circumstances Include, but are not limited to the modification of the business, a change In scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission, and City Council is In addition to, and not in -lieu of, the right of the City, Its Planning Director, Planning Commission, and City Council to review and revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon, 7. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. 8 The pormittee shall submit a minor modification application to be approved for any exterior changes made to the building, including any fencing or gates that may be constructed In the future. 9 This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use Is meant the beginning of substantial construction contemplated by this approval within the two-year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, 10. If commencement of the use has not occurred within two years of approval of this permit, the permittoe may file an application at lest thirty days prior to expiration of the Conditional Use Permit, apply for up to 3 one-year extensions of time. Each extension of time shall be granted in one-year increments only, GAPIannin91200711'A07-0314 The Bank Upgrad© to Typo 47 Minor CUPIPIanningWINAL COA-CUP.doc Page 429 11. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education oil Alcohol and Drugs (L.E.A.D.), or received training from any' other program certified by the California Department of Alcoholic Beverage Control. (As amended at Director's Hearing on 113/08). 12. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (telephone number 951-676-5090). 13, Regular hours of operation shall be as follows: Monday -Thursday 11 a.m. to 10 p.m,, Friday 11 a.m. to 11 p.m., Saturday 8 a.m. to 11 p.m. and Sunday 8 a.m. to 10 p.m. On holidays (including Cinco De Mayo) the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10 p.m. Monday -Thursday and Sunday. The sale of alcohol shall cease at 11 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to sale, service and consumption, the consumption of alcohol shall cease no later than one hour after closing. (As amended at Directors Hearing on 1/3108). 14, A separate building permit shall be obtained prior to the commencement of construction, tenant improvement or other interior or exterior improvements requiring building permits. 15. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Fire Prevention 16. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 17. During remodeling and/or addition construction ALL FIRE and LIFE SAFETY SYSTEMS will be maintained in working order and up to their original design and performance specifications (CFC art.87 et al). 18, The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC 105). 19. Prior to issuance of building permit, any changes affecting the fire sprinkler system shall require a permit for the fire sprinkler system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. 20. Prior to issuance of building permit, any changes affecting the fire alarm system shall require a permit for the fire alarm system. Plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. If any cooking appliances have been added and G 1Planrnng1200APA07-031.4 The Bank Upgrade to Type 47 iroC ilanningkFINAL COA-CUP doc Page 430 Community Services Department 21. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul construction debris, 22. The Applicant shall comply with the Public Art Ordinance, Details of the ordinance can be located on the City's website at www.cityoftemecula,org; under Chapter 5,08 of the Municipal Code. 23. Prior to issuance of building permits, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Police Department 24. Applicant has applied for a Type 47 (on -sale general — eating place) through the Riverside District Office of Alcoholic Beverage Control. Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises. Authorizes the sale of beer and wine for consumption on the licensed premises. Must operate and maintain the licensed premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal meal hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p,m,, and 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. Minors are allowed on the premises. The applicant currently has a Type 41 (on -sale beer and wine). 25, Applicant will also comply with City Ordinance 97-07, (9.14.010 Temecula Municipal Code series). 26. Identification will be verified utilizing one of the following: A valid California driver's license b. A valid California identification card C. A valid military Identification card (activelres erve/relired/de pendent) d. A valid driver's license from any of the fifty States or Territories of the United States e. A valid U.S. Passport f. A valid government issued identification card issued by a Federal, State, County or City agency 27 As noted above, only a valid government issued identification card issued by a Federal, State, County or City (municipal) agency is acceptable, providing it complies with the below requirements (25660 Business and Profession Code): a, Name of person b. Date of birth C. Physical description d. Photograph e. Currently valid (not expired) GAPIann1ngQ0071PA07.0314 The Bank Upgrade to Type 47 Minor CUMPlanninglFINAL COA-CUP.doc 1043 Page 431 28. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. For this reason, the Temecula Police Department has imposed a mandatory training for all employees involved in the service and sales of alcoholic beverages. Also, the Temecula Police Department conducts an Alcohol Review Board for all new businesses with a Type 47 license. Contact the Temecula Police Crime Prevention and Plans Officer at (951) 695-2773 to set up a training date, An Alcohol Review Board has been scheduled for Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall office. Training and review board must be completed prior to the usage of the Type 47 license. Applicant will ensure all new employees/management personnel are trained in the use and service of alcoholic beverages. All alcohol training is provided free of charge by the Temecula Police Department. 29. Miscellaneous: a. After Hours: Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m, of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a,m. of the same day (even if someone bought the drinks before 2:00am). (Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter than the law Those licenses are marked "Conditional." (23805 B&P). b, Authority of Peace Officers/Refusing Inspection: Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause, This Includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer. (Sections 25616, 25753, and 25755 B&P; 148 and 241(b) PC), Disorderly House: Licensees may nol permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off -sale) that (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc., and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premises Include the parking lot. (Section 25601 B&P; 316 PC). J. Entertainers and Conduct: On -sale licensees who offer entertainment must abide by the following rules: (1) No licensee shall permit any person to perform acts of or acts which simulate: (a) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. (b) The touching, caressing or fondling on the breast, buttocks, anus or genitals. (c) The displaying of the pubic hair, anus, vulva or genitals. (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and/or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g., intercourse, sodomy, masturbation, etc.) GAPiann1ng120071PA07-0314 The Bank Upgrade to Type 47 0 4lanning\FINAL COA-CUP.doc Page 432 e. Alcohol Review Board; A review board will convene with the applicant on Wednesday, December 12, 2007 at 10:00 a.m. at the Police Mall Storefront conference room. Final recommendations to ABC Riverside will be forwarded under separate cover, GVIonnin9420071PA07.0314 The Bank Upgrade to Type 47 4n0CJifPaIanning%FINAL COA-CUP.doc 40 Page 433 L2 DH RESOLUTION NO. 08-001 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0314, A MINOR CONDITIONAL USE PERMIT TO UPGRADE A TYPE-41 ABC LICENSE (ON -SALE BEER AND WINE -EATING PLACE), TO A TYPE-47 ABC LICENSE (ON -SALE GENERAL), WHICH WOULD AUTHORIZE THE SALE OF BEER, WINE AND DISTILLED SPIRITS AT THE BANK OF MEXICAN FOOD RESTAURANT, LOCATED AT 28645 OLD TOWN FRONT STREET (APN: 922-036-011) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On November 7, 2007, Mr. Craig Puma, applicant and owner of The Bank of Mexican Food restaurant, filed Planning Application No. PA07-0314, a Minor Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law, C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 3, 2008, 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 in opposition to this matter. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA07-0314 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA07-0314 conformed to the City of Temecula's General Plan and Development Code and Old Town Specific Plan. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA07-0314 hereby makes the following findings as required by Section 17.040.010,E — (Conditional Use Permit) of the Temecula Municipal Code: Minor Conditional Use Permit — Development Code Section 17.040.010.E A. The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use is consistent with the specific policies and goals outlined in the City's General Plan that are to be implemented within the Old Town area. The proposal to upgrade an alcohol license from a Type 41 license (on -sale beer and wine — eating place) to a Type 47 license (on -sale general — eating place) for an G:\P1xr:ning\2007\PA07-0314 The Bank Upgrade lu Type 47 iNliIogs,ing\DH RESOLUTION EXEMPT FROM CEQA doc Page 434 existing restaurant, The Bank of Mexican Food, located within Old Town's Tourist Retail Core zoning district is consistent with goals and polices reflected in the Old Town Specific Plan. The proposed use is also consistent with the goals and policies of the underlying General Plan Land Use Designation (Community Commercial), contained within the General Plan. The General Plan states that the Old Town area should be utilized to promote tourism and related activities within the City. The Old Town Specific Plan indicates that Old Town should be developed to provide local and tourist oriented retail services and promote existing development and uses that add to the "thematic" ambiance of the Old Town area. The proposed project is anticipated to enhance the vibrancy in the Old Town area. The project is consistent with the surrounding uses and meets all applicable Development Code requirements, including the 500' sensitive use separation requirement. The site has been properly planned and zoned and found to be physically suitable for the proposed use. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use is compatible with adjacent land uses as defined in the General Plan and Old Town Specific Plan. The proposed use has been analyzed and compared to the adjacent land uses and it has determined that the proposed use will be consistent with the surrounding uses. The area in which The Bank of Mexican Food Restaurant is located consists of a mixture of uses which includes retail and commercial, as well as other restaurant uses and wine tasting facilities. The restaurants in the immediate vicinity also serve alcoholic beverages without having an adverse effect on adjacent uses. It is anticipated that the proposed use will not adversely affect any of the surrounding properties because the use will occur within an existing building at an existing restaurant that currently holds a Type-41(on-sale beer and wine -eating place) license. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The Bank of Mexican Food currently exists on -site and when the property was developed it was determined that the site was adequate in size and shape to accommodate the building and all required development features. It has been determined that the project is consistent with the Development Code and Old Town Specific Plan requirements, as related to the requested ABC license upgrade. No exterior changes are being proposed as a part of this planning application. The only change being proposed is related to the use and authorization for this existing restaurant to serve beer and wine, along with distilled spirits. In addition, the City Police Department has reviewed the proposed project and has issued Conditions of Approval. GAP1annina\2007\PA07-0314 The Bank Upgrade to Type 47 Mi1r6J, 111ingTH RESOLUTION EXEMPT FROM CEQA.doc Page 435 D. The nature of the proposed minor conditional use is not detrimental to the health, safety and general welfare of the community. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community. The restaurant currently holds an active Type- 4llicense (on -sale beer and wine -eating place) which allows the establishment to serve beer and wine on the premises. The upgrade to a Type-47 license (on - sale general -eating place), which will authorize the establishment to serve beer, wine and distilled spirits, will provide an additional service and convenience to patrons within the community. The site is also consistent with the City's Development Code requirement regarding separation .of sensitive uses. It has been determined through GIS data that the 500 foot sensitive use separation requirement has been met. Furthermore, the City of Temecula Pollce Department has provided conditions of approval for the project and concurs with the request for tho license upgrade and solo of alcoholic products at the project site. Section 3. Environmental_ Findings. The Director of Planning hereby make the following environmental findings and determinations in connection with the approval of the Minor Conditional Use Permit application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities); The key consideration for the existing facilities exemption is whether the project involves negligible or no expansion of an existing use. it has been determined that this project is categorically exempt according to CEQA Section 15301, Class 1 (Existing Facilities) because no expansion or construction is proposed as a part of this project. The restaurant currently exists on -site. The upgrade of an ABC license which authorizes this restaurant to serve not only beer and wine, but also distilled spirits, does not involve the physical expansion of the existing use or structure. The land use is not changing; the restaurant currently exists and will continue to exist. The only change is to the type of beverages that are authorized to be sold on the premises. Section 4. Conditions. That Planning Director of the City of Temecula hereby approves Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type-41 ABC license (on -sale beer and wine -eating place), to a Type-47 ABC license (on -sale general), which would authorize the sale of beer, wine and distilled spirits at The Bank of Mexican Food restaurant, located at 28645 Old Town Front Street subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. G Tlanning1200WA0i-ill I4`1'h- [sank Upgradc to Type 47 Mint0, 8ing0il RESOLUTION EXEMPT FROM CEQA-doc Page 436 Section 5. PASSED, APPROVED AND ADOPTED by the Planning Director of the City of Temecula this 3`d day of January 2008. Debbie Ubnoske, Director of Planning - I, Kathy Simpkins, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 08-00.1 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 3`d day of January 2008, Y�Kat Simp�ecr ary (-:\Vlannine'2007TA07-0314 The Bank Upgrade to Type 47 M6 ib419111 DH RESOLUTION rXEMPI' FROM CEQA.doe .. _. Page 437 H 0 IY I.11 U 0 Q zo o �W as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. THORSON (BAR NO. 83088) CITY ATTORNEY CITY OF TEMECULA RICHARDS, WATSON & GERSHON A Professional Corporation JENNIFER PETRUSIS (BAR NO. 235144) )petrusis c@r rwglaw.coin 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 Telephone: 213.626.8484 Facsimile: 213.626.0078 Attorneys for Agency City of Temecula STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS OAH Case No. 2022051021 DECLARATION OF TOM COLE IN SUPPORT OF OPPOSITION TO ZIP THIRD' S REQUEST TO CONTINUE HEARING DATE TO OCTOBER 6 AND OCTOBER 7; EXHIBITS IN SUPPORT THEREOF 1050 -1- DECLARATION OF TOM COLE Page 438 I DECLARATION OF TOM COLE 2 I, Tom Cole, declare as follows: 3 1. I am, at all relevant times have been, a Code Enforcement Officer with the 4 City of Temecula. I make the following declaration based on personal knowledge, except 5 where indicated it is based on information and belief, and if called to testify, I could and 6 would competently testify as to the contents of this declaration. 7 2. Attached hereto as Exhibit A is a true and correct copy of the Final Conditions of 8 Approval for Conditional Use Permit PA12-0041 ("CUP"), which are the current Conditions of 9 Approval for the Conditional Use Pennit for the property located at 28645 Old Town Front Street. 10 This is where the restaurant The Bank is located and is operating. z g 11 3. According to Condition No. 12 contained in the CUP (see page 2 of Exhibit A), the W a 12 regular hours of operation shall be as follows: Monday -Thursday 11:00 a.m. to 10:00 p.m., Friday 0 W o " zo 13 11:00 a.m. to 11:00 p.m., Saturday 8:00 a.m. to 11:00 p.m. and Sunday 8:00 a.m. to 10:00 p.m. On o� �j 14 holidays (including Cinco de Mayo), the facility is permitted to close at midnight. 7 i 15 4. Also according to Condition No. 12, the sale of alcoholic beverages shall cease at N w T z 16 10:00 p.m. Monday through Thursday and Sunday, and the sale of alcoholic beverages shall cease 00 17 at 11:00 p.m. on Fridays and Saturdays. The consumption of alcohol shall cease no later than one 18 hour after closing. 19 5. Since at least February 2021, the owners, operators and/or managers of The Bank 20 restaurant have violated the permitted operating hours and have sold alcoholic beverages past the 21 permitted hours. The City has issued at least 6a administrative citations to the owner of The Bank 22 restaurant, CNC Puma Corporation, through its agent for service of process. The City has also 23 issued at least i fJ6civil penalty letters, which are notices of a S 1,000 administrative fine. 24 6. On August 20, 2021, I sent a letter to Zip Third Investments. LLC to inform it that 25 activities violating the Temecula Municipal Code by its tenant operating as The Bank were 26 occurring at its property at 28645 Old Town Front Street in Temecula. The letter specifically 27 mentions that the business was operating beyond the permissible operating time of 11:00 PM. It 28 also notified Zip Third that the City has been issuing, and would continue to issue, civil penalties 1051 -I- DECLAR,NTION OF TOM COLE Page 439 I for the violations. The letter asked Zip Third to contact me If they had any questions. Attached 2 hereto as Exhibit B is a true and correct copy of that August 20, 2021 letter that I sent to Zip Third 3 Investments. 4 7. For violations of the CUP occurring between February 26, 2022 and July 16, 2022, 1 5 have sent at least 37 civil penalty letters to CNC Puma Corporation. Attached hereto as Exhibit C 6 is a true and correct copy of each of those 37 civil penalty letters. For each of those 37 civil 7 penalty letters sent since February 2022, I caused a copy of the civil penalty letter to be sent by 8 regular mail addressed to "Zip Third Inv., 3055 Wilshire Boulevard, Suite 1010, Los Angeles, 9 California 90010-1176, Attention: Norman S. Solomon." Although the cc on the civil penalty 10 letter states "Norman S. Sullivan, Property Manager," I mailed the copy of the civil penalty letter to Z Z 11 Mr. Solomon and the address above. 00 12 8. Based on my research of the ownership of the property on which The Bank W� z o 13 restaurant is located, it appears that Zip Third Investments, LLC is the owner of the property. ON Qd 14 According to the California Secretary of State's website, Mr. Solomon is the agent for service of o 15 process for Zip Third Investments, LLC, and both the principal address and mailing address is the Ix = z 16 3055 Wilshire Boulevard, Suite 1010, Los Angeles, California 90010-1176 address that I mailed U o 17 the civil penalty letters to. Attached hereto as Exhibit D is a printout from the California Secretary 18 of State's website regarding Zip Third Investments, LLC. 19 9. None of the 37 civil penalty letters in Exhibit C that I mailed to Mr. Solomon of Zip 20 Third Investments has been returned to sender. Accordingly, I believe Zip Third Investments 21 received notice of the ongoing violations by The Bank of the CUP and has been on notice about the 22 City issuing civil penalties for these violations since at least February of this year. 23 10. Since the City began issuing administrative citations and then civil penalties, The 24 Bank has consistently violated its CUP. It continues to violate the CUP and has been having 25 weekly events at the restaurant that last past its permitted operating hours. I have received no 26 communication from the owners or operators from The Bank indicating that they intend to abide by 27 the CUP's permitted operating hours and I expect that they will continue to violate the CUP. 28 I declare under penalty of perjury under the laws of the State of California that the 1052 -2- DECLARATION OF TOM COLE Page 440 I InRt,_n77 V71I�?;vI doe 1 foregoing is true and correct. 2 Executed on this 29th day of August, 2022, at Temecula, California. 3 4 5 r Tom Cole 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1053 -3- DECLARATION OF'TOm COLE Page 441 EXHIBIT A 1054 Page 442 4 EXHIBIT A CITY OF TEMECUL4 FINAL CONDITIONS OF APPROVAL Planning Application No.: PA12-0041 Project Description: A Elinor Modification to a.Cood€tionai Use Permit (PA07- 0314) for a Type47" ABC license (on -sale general) to allow for dinner entertainment f't i the purpose of providing background music at an existing restaurant, The Bank of Mexican Food, located at 28645 Old Town Front Street Assessor's Parcel No, 022-436-011 MSHCP Category: NIA IL y CIE!NIA st -, 'et 9y tt TUMF Category: NIA1- Approval Data: February 28, 2012 r r Expiration bate: February 28, 2014 PLANNING DEPARTMENT Y I} Gen -"at i0gUiTen1e111$ 1, Thb applicant and dwnor of the real proper6r sr,i)ject to this "Onditlof.) S)tL hareby agree to inerrl0y; prt)tect, hr; ld harmless; and del€end the City Wtrr Legal Coin el''bf fh" City s own selectioFi from any and all.olainzs, actions, -_aGMtds, judg"rrt , or against the City to a#toch, set asld�_,, annuf,'or s6e.k monetary darr+ages resoiting, direotly or indireclly, from any action in.; fustn€ararceQr aftiri ..trfe approval of the. City, or any aygftcy or Instrrkrr entality thereof, adviscli I agen' aponi bvard`or le islat�ve't� iely irtcludiri 'ac tlbns approved,b - the voters of the City, concerning. -the !Tanning App;icallon. The City shrill be deenoed for purposes of. this condition, to inc;IufJe any agency or Instrumentality thprem, or any of its eldcted or appointe{l officials, officers, employees, consultants, coptract6rs,;legal counsel, and agents. City shall prnrr ptiy'notlfy both Rhe appkant and lar dawnor of any clairn, action, or proceeding towhien this conditlon Is ppffm- ble and shal!`: rUrther cob-perate fully in ihe defense of :ire action: The City reserves the right to We any and a.) action the Cite deems to be in the best interest of the City and its citizens in regards try such defense. 2- The applicant shall comply with their Statement 4 Opembons, on Ile with the Planning Department, unless .;superseded by these Coriditlons of Appro at. 3, This Conditional Use Permit may be revakt d pursu ril to 5ectidn 17103.080 of the Clty's Developr-nent Code. WPLANNINM20121PA12.0041 Snjik of Moximn Farad hid"0§INA4 COA-CUP.00'_ Page 443 4, The GiVy, and its Planning Director. PlannIng Commisslon,-and 'clty Connell retain and reserve the . rightand 10sclIcUor tQ review and :m0ify this CondItionaWse Permit (includirig the Conditions tions of Approval) based on changed circumszinc.eEi. -C . h anged,ci rcurristances 6hhe,:6usin 2,7 include, laut,,Are not 11mited to the modification of a change in scope, emphasis, size or nature of the business, and the expans lon; alte ra6n, recdrifigurati6h or change of use. The1eservation of tight to review any Conditional.Use Permit granted -or approved or car 0jonally approved hereunder., by the City, its Planning L)Ireotor, Manning Cpm.mlsslon. and,Q'Ity Council is in aadilion to, and nouin-flevof. the right of the City: Its Planning Nrector, Pfanning Commission, arid � C4 Council to review anti revoke ornlodify&rly Corldltion4o se PermIt approved or Conditionally approved hereunder for any violations of the Imposed posed on such Conditional U-se Permit or for the Maintenance of any nuisance condition or other code.vlolatiori.lheraofl. F) The permitleastial[ obtain CityapproVal for any modifications o.r revisions to the approval of this CondIflorial Use Permit. 6. The pei'mittee shall submit minor modification applicatIon to be a0provb4for any exterior changes made to the building, including any f9ndng-pr gates that may be constructed in -the future. This approval shall be Used withIn two years of the a Pproy.bi date; otherwise, its hall J ecomD By use is thebegi null and yald nni ng of substantial cons tfuPtion contemplated by -eafter c000 A. rsued to, completion, !his a pproa I within t ke two-year, period, which isfh er or the beginn ing 6f substantial Lj 61 zatton conte rnplated'by t )is j R E T If commence mqri.t6f th-e use has not occurred within , " year's of approval of this permIt, the maypermittee O� file an appI ication at lest -thin ,.days pr or tb expiration, of the Cc) nd Igo nal Use -1p'n§1 Perml t, apply for up to � 3 one ybar �ex ons of time. Each extension of tirne shslff bb ,granted in one-year Increments only. Indoor din(ier-fint6rtainmeni'consistitig of anie keyboard played with One vocalist for the. purpose of pr6v.iding,-bgckto'dnd'music is prirrnitti: d dailyjrorn noon until 10:00 p.m. Prior to an employee saiiialcohol from ttilat ilit y, the alcohol licensee or.employerfor thefacility shallensure that : ` ii'on Afcohoi and ployei3 has raceiveo Licensee Educatioi Drugs. (L. EA. Q .), or received tra Iningfrom"ah other program 0ftlNd by the CAlifornla. Department of Alco-If.ollc Beverage Control. (As amended"at 131 rdctor's'fleari n g or: An 85*0 V(or 4xqor)sign listing locai tfarisoortationservice p,roviders.'-and corresponding telephone n urn bers shall be posted at a Wns.plcuous:location VMffn the building . toy assist in the compillallon of this slg6ma'V. be. obtained through 1he Te .hiecu i . a Valley Chamber of Commerce (telephone. number 951 -678-50PG), 2. Regular hours of operation shal I be. as, follows: - Monday -Thu rsday 11 a I 61o, 10 1), rn., Friday I I a. I n. to 11 p.m., Saturday 8: a . m, to. 11 m. and - Sunday 8: - 6i m-to 1 0 p.rn, On holida YS {including C, I " G 0- Do ma�'� yo).Vie facility shall k e parmitted to close'at midnight. The sale o.f albohollc beverages, shall ease atil 0 p.rn, Monday-Thuniday and,SundaY. The sale of alcohol shall,,caase at 11 p.m. on Fridays and Saturdays. To dIstIngoish beWeen ABC,. requirements relat6d to sale, servlce� anti consumption, the consumption of alcohol shall coaso no later than one. hour;'aftiir closing. (As amended mended at Directors Hearing on 1/3108)... G.TLANNINGQ50UTA12-00411 Bank of Mkran Food MQWPlannW9T!-JN' C(,A-CLJF1,joc 04i Page 444 13. A separaWbuilding permit shall be obtained prior to the commencement of construction, tenant irnprgvernent or rather interior or, extedor irnprbvernents requiring building errn3ts. 14. All of the foregoing conditions shall be,,complied.,with'prior to occupancy or any use allowed by this permit. li FIRE PREVENTION General Requirements 15. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditierts will be,. based an occupancy, use, the Callfvrnia BuIlding Code (CEIG), Cali€ornia-Fine Code (CFC), and. related codes which are In force at the time of building plan,subniittol. 16. During remodeling andloradd1 an constn,.W.tlon ALL:F1RE and LiFE;SAFE;1-Y SYS-FEM i wiil ` be maintained in working. -ordar and ' up to their original design and poradrrr+ance specifications {CFC ar#.8T el al}. �� 'iflr 17 The applicant shn1l c,ofrpiy 4vith the raquIremer�is of tide Fire :Cody permit prracess and cl�;at7gss in tie its rns'ancl gantlt4s`aiproved as ittof their Fire Code permit, "• '"-c x��r'', updateairy These changes shah be submitted to the Fire Pre~veh ioil Buraau ferreview anfi;appravac per ,; fhe Fiade!and is subject.to inspection (CFO 105). 1B. Pdor to.'rssuAnce 6f bU#Idrng permit, any chariges efsect�ng the fire sprinkler system shall k = require a permit for1he fire sprinkle' system Plans shall be. submitted to the Fire Prevention Ruyeaij: for approval. Three sets of sprinkler. plans mist t✓e scrbmitted by the Installing contraotor, to the Fire Preventlo[r Bureau. 19. Prlbr to isstr6irie of building perrr7lt any changes affecting the lira alarm systerRt shall requSre a permltforihd fire alarm sy�tern, Plans. shall bpsubmitte� to the Fire Prevention Bureau for approval; Three sets of aiarm,plaris must be suhmitted by fhe.,instailing contractor to the Fire p 1lF3fltkiirf Bureau: if aby cUQk}P . ajapliar$EeS iaav t]i?Lrl "added and t}18. h04d extinguishing system is not tied into the lira alarm systorfj it -.%fll be required] ,lo da so. i s - ij;. :10 .' COMMUNITY aRVCES'3EPAFTPAFNT ti IrF, , �.. General Requlyd impts :. 20. The developer steal! contact the City�s arichised solid waste hauler for disposal of t constructlon grid demolition d 66-5. Onlry {}!e C}ty'S 4rar�chisee;rtay hat co>lstruc€it�n debris; ®r a � 21. The Applicant shall comply with the PubIIC Art Ordinance Details of the ordinance can be located on;the CI ?s webs ite at wvv w,catyoftemeculaerg, undor Ct)apter 5,08 of the Municloal Code. 22, Prior..tu issuance of building permits; the dev's•loper shall provide TG,9D verification at arrangernents made with the City}s:tranchise solid waste h uleF;fardio-sposal o€canslru Aion and demolition debris. CIPLANNINGV0121PA12-0041 Etknk of Wxiran FoodMODTlo fair 1 1 AL WA-CUP-doc 11� Page 445 l:J POLICE EPARTIVIENT General equtrements 23- Applfcan.t har:apptied for a Tyke 47 (an-sale !genera I -.eating place) through the Riverside Dlslrict Office. of Alcoholic Beverage Control, Authorizes the sale of beer, wine and distilled spirits for consumption on the licensed pre-rnises. Authorizes.the sale of beer`and wide for consumption on the licensed premises. Must operateand maintain lhb licensed premises as a bona fide ealing:piace, Must make actual and substantial sales of meals, .during the normal areal hours that they are open. at least five days a week. Normal rneallimes are 6 00 9:00 a.m.,1 f-,00 p.m., and 6:00 p.M,.. - 9:00 p.ra,. Premises ttlat �nrs lot open five days a week must -serve meals on the days tl ayare open. Minarsare 1ilinwed orl the prerWses. 7be applicant: currently has a Type 41 (ori-solo deer aril wine}. 24, Applicant will also comply with City.0rdinance 97-07, (9.14.010 Ternacula Murficipat Code series). 25.. identification wlll=bs vdriiled utllfxing one of the following. a. A valid California driver's license Y. b, A valid Callfomia.,identifrcation card c. A valid`tnilitary Idenliticatlon curd(ac#iv.e�'ressrvefretiredfdppendertf} d,,., A valid driverrs license from any of the fl4y'State$. or Tefritoi es of the Limited 5iates e, A valid q.rS. Passport f. A valid governmontissued identification card issued by.a F--tfer 1, State, County or : ti€y agency 26. As noted above,' only a valid gover nmei n'. Issued identitcation card issued bya Federal, :. State, Co► n[y 'Qr City (Mbnicfpal) agency is acceptable, providing.it ccm0kes with the below _ requirements (5660 kisiness and Profession Code): ai.. Name of person b. Date of bloh �. C. PhyslGal description r I,f zfr s { d. 'Photograph "' ` ZY. d ;r s, Curr ntly valid(not expired) l' 7,- Appilcaritwill ensure all employees involved with the sales, service and i. ntiflcatf6h elleeks for the purpose ref any sans of alcohollc beverages is trained in the proper procedures and Identificatlon check; . For Phis reason, the Temecula Police Department has unposed a mandatuy training for all employees involved in the service and sales of afcakolic pe3verages. Also, the: Terecula Police, Department conducts are `Alcohol Reylew Board,for all new buslnesses with a Type 47,licensd. Contact the Ten7ncula FnliCg Crime Preverition and Flans Off°icerat (951) 635-2773 io.setup a training date. An Alcohol Review Sward has been scheduled for Wednesday, December42, 2007 at 10--00 a:rri, at: he Police Mail off . Trainlrig and review board must be completed pnor to the usage of the Type 47 license. Appilcantwiil.ensure all now emplayeesJmapagomentpersonnet are trained in the use and service of- alcoholic.-h4verages.. All atcohof training is provided free. of charge by the Temecula Police Dep'artment: ( �ITLrANt4lNCL?0121PA12.004 t 8arik ad hl,,ox]c n Foal t{ ODTIannI IFINW. COR GURdac 10'58 Page 446 Miscel[aneaus: a. Af ter Hours:l licensees may not sail, give.,,or deliver alcohol (by the drink or tsy than package) between 2:00 a.mn and.,6:00 a i'r�f the sane day. No person moy knowingly pumhase alcohol between ,2:0m, 0 a.m. and 6:00 a.n3, (Section 25631 B&P code). Licensees . -nay not permit patronsor employees to consume alcohol between 2'00 a,m, and 6:00 a.rn, of the same day (even if someone bought 111b drink5 before 2:00am). (Section 25632 S&P), ..Some ABC licenses have specW con0lpns (restrictlons) as to hours,!of sale that are stdOer,than (he law. Those license, are marked 'Conditional." (23805 S&P).. b. Authority of Peace officers/Refusing'Inspectiori: Police otfice'rs. sheriff's;depufli s and. ABC Jnvestigators are swurn.1aW Onforcernent officers (peace Mcars) with p9�vers.of arrest, Whathe' `In plainclothes or uniform, peace offlcer^s have the legal right to visit and Inspect arty licensed prey -rises at any time.during business nburs without a search warrantor probable cause. ;This Includes Inspecting the tear arid: back bar, store room off be-; closed or; lacked cabinets, safes, kitchen, or any other area within the f eensed;prernlse 3 it.is isyal and reasonable for licensees to.exclude the pubiicfrorn some areas of life prermses. How�,iever, tlaens�es cannofarid n�ust- not deny entry to, resist, delay, obstruct, or assault a peace of leer. {Secilons G5616. 25753, and 25755 B&P; 148 and 241(b). i'C), if isordbrly Hausa #cenL�ees may not pen -nil their.11ccerrsed premises to becorne a disorderly house. A disorderly Louse. is a 'licensed outlet (can or off -sale) that dlstd,.bsneighbors with noise, loud rrur5(O, lnitaiingw:lIttaring, vandalisrn, Urination or .defecatlon, graffiti, etc., andlor (b},(nos ri�ar�y or�gafno orlmes Inside such as drunks,: fights, assaults, .prostitrrtlorr, na c?tlrs, etc, The licensed premises include the parkin lot. (Secti6n:25601 B&P; 316 PC), Entertainers and Conduct: Gh-sale lice bsees who OerenierUnir em'rnustabideby thb fallowinje males: 41). No Ilcehseei shall pOrnrit any person to perform acts of or arts vitilct !simulate; : ia) $axual intercourse, mastuiiaatio€t; sodarny, bestiality, oral copulation, flageliation or any sexual:acts:which are proh bited by law. (b)_ The touching, caressing or fondling on the; ireast, buitacks, anus or genitals. (c) The displaying of the pubic hair, antis, vulva ar genitals. k j Subjeut to the provisions of subdivision..l1) hbreof `enfertai4rs�whose breasts andlor tluttocks are exposed to view shall pea -form only upon a stage aft least 18 arches above the Immediate go or. level and removed at lea A slxfeet fran the nearest pat�r�n No lici~nsee strall'permit anyperson;to remain, in or upon i the,M;erasea- premises*ho exposes 16 pubiloview any pbrtioii.of his'or her ganitals'or 6hus. (Rule 143.3 CCR. Also violates sectlons 31 1.6 P.0 if conduct is ' bscene,'' e.g., intercourse, -�odofriy, rnastifrbatian, etc.) e, Alcohol KeV19W 00WO: A review board tivill ,..cony' ne with lire appiicariC' on Wednesday,, decomber 'f2, 2007 at 10:00 ,a,m. at the PoliceMail:8torefront r con torenbe room. FlnaI r000n rner'tdations o ABC Riverside will. be forw,;arded under separate cover. EXHIBIT B 1060 Page 448 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone {951) 302-4144 • Fax (951) 694-6487 • www temeculaca gov Zip Third Investments, LLC 3055 Wilshire Blvd Suite 1010 Los Angeles CA 90010 Attention: Norman S Sullivan Re: 28645 Old Town Front Street, Temecula, CA 92590 The purpose of this correspondence is to inform you that activities that are violating the Temecula Municipal Code are occurring at your property from the tenant operating as The Bank. Ongoing and current violations include the business being open beyond the permissible operating time of 11:OOPM. The City of Temecula Code Enforcement has been issuing, and will continue to issue, civil penalties for these violations. Ifyou have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement City of Temecula CC' Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney llcityo1.E 'Twpatyt)wil�r heRj'k 20AUG202I.doc06 Page 449 EXHIBIT C 1062 Page 450 G / of Temecula Community Development Department Code Enforcement Division 41000 Main Street - Temecula, CA 92590 Phone (951) 302-4144 o Fax (9511 694-6487 - wwwsemeculaca.gov CIVIL PENALTY KHOTICE AND ORDER GNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Terecula, CA 92590 On February 26, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\(:ilyoRemeouIa. orglsIlares\I)wrs\Tom.ColoxC0L.F'I\riviIpenalims rlic13ank.G3.7.rI`E112022.doc 1063 Page 451 G of Temecula F41 unity Development Department Enforcement Division Main Street • Ternecula,•CA 92590 Phone (951 ) 302-4144 • Fax 1951 i 694-6467 • www.temert.ifiaca.gov CIVIL. PENALTY N01"I(r,E AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite #300 i Temecula CA 92590 Re: 211645 Old "Town Front Street, Temecula, CA 92590 On March 4, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City.Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days. pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Properly Manager \\cityolieme ila.orglshnres\I,lsers\"fom.C'olr;,C'C)Lfi11civiIpmmiios-Thellank-04.04MAR2022.doc Page 452 G/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 97590 Phone 1951) 302-4144 - Fax (951) 694-6487 • www.teiii(�culaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 -On March 5, 2022, 28645 Old Town Front Street, CA 92.. i90, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve: as your official "Notice and Order" to fray a tine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula'Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pelrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager fti iyo [Iefrieco la.orbNdw reslLNursVl_on l.Colc1C(J LLTlcivilpenai ies.Thc:Bank.65.05MAR2022.dtic 1065 Page 453 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street o Terecula, CA 92590 Phone (951( 302-4144 • Fax (951) 694-6487 • www.temcculaca.gov CIVIL PLC'' NOTICE- AND CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 4300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 11, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation Is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questlons regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusls, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1;ciryollemccula.org'�hare,llJsers\Tom.Colelf,'OLFT'Icivilpenaties.'fherianl .GG.I I MAR2022A)c Page 454 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • 'remecula, CA 92590 Phone 1951) 302-4144 • Fax 1951) 694-6487 • www.temecufaca.gov * A. CNC Puma Corporation Brad Landon, Agent for Service 28693 Old 'Town Front Street Suite #300 Terecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 12, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code Is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 (lays of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Ucilynllemecula.Urµl,h;irrs`Users\"Iom.Cule\('pl..[ vilpenalies.Thel3ank.G7.121v1Ar(2022.doc 1067 Page 455 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Terriecula, CA 92590 Phone (951) 302-4144 • Fax 1951) 694-648 % • wvvw.terr)eCulaCa.qov CIVIL PENALTY OTI E AND ORDER CNC Puma Corporation Brad Landon, Agenl for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 16, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fins; of one thousand dollars ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily ac&ual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager andfor his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing fora/ within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\ci iyci fi emacuh.or�lsharesUlsarsCrirm.C:'olc\CQI,.E'I"\ci vi Ilycnm ius: I"hcfi�nk.fi8 181VIAR2.022.doc Page 456 city of Temecula Community Development Department Corte Enforcement Division 4) 000 Main Street P Temecula, CA 92590 Phone 1951) 302-4144 • Fax (951) 699-6487 • www.temeculaca,gov CNC Puma Corporation Brad Landon, Agenl for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 19, 2022, 2.8645 Old Town Front Street, CA 92590, was found to be In violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of LIP to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each vlolation is a misdemeanor carrying a potential penally of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1Sciryc, flcntceula.urys\shnresll.fsers� rnm.C;nle;('Q 1.1 i'T'`.civilpcnatics.'f hel.3unlc.69.19MA R�022.dnc 1069 Page 457 City of Temecula Community Development Department: Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone; (951) 302-4144 • Fax (951) 6946487 • www.temeculaci.gov CIVIL PENALTY "ICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for conlinuod violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing lorm within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \lciiyoticmecuh,m•�(shures�l Jscr;lTom.('Diet(::(:)Ltihcivilpenrilies."fhe[i�nk70.27MAIt2(132dac 1070 Page 458 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144, • Fi°ix (951) 694-6487 • www.trrnec:ulaca.gov CNC: Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On March 28, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine or one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1.000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pelnisis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager NNciryonell ccula.inglshares\l ISci�� I'om.C'ole\LOLL"r1c.ivilpunaiies.flwBank.'11.2HMAIt2.U22.doc. 1071 Page 459 Cif/ of Temecula F unity Development Department Enforcement Division Main Street • TemccuL�1, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca,gov CIVIL € ENALT NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 2B645 Old Town Front Street, Temecula, CA 92590 On April 1, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order, to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties In an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code Is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine wilhin 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 30241116. Sincerely, Torn Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:',User,\u'nn.cute\AppDnia' Ro��tniupl v1icrosnRiwordlAuloltccuvery save urcivilpcnalies: nccHniik.77.01 A PR202.2.ns(klue 1072 Page 460 city- of Temecula Commun ty Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 J 302-4144 • 1:", (951) 694-6487 • www.terneculacax ov CIVIL PELT NOVICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite 1/300 Temecula CA 92590 Re: 26645 Old Town Front Street, Temecula, CA 92590 On April 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine: of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidr;nce. The City Manaqer and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C: �Clsets//om.colelAppUalallioaming\MicrosulllWerd\Auloliccovuy save oreivilpenutics:l'het:�nnk.'13.U2A1'R7.(12?.ascl.due 1073 Page 461 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • 'remecula, CA 92590 [Jhone i951) 302.4144 • Fax i951) 694.6487 • www.tomeculacai.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 8, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000 00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil .penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with theJemeeula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andlor up to a $1,000 per day fine, Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Tom Cole Field Suporvisor-Code Enforcement ce: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (':\hsers\u,m.eolelApply+u+t\Roaminsli�licrosufllWordlAutuftccuvc+y save nreivilpenatiex.'rheHlmk.74.08APR202.2.nsd.doc 1074 Page 462 01 of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phony' (951( 302-4144 • Fax (951) 694-6487 • www.ternec:ufara.gov IVIL PENALTY NGATI AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 4300 Temecula CA 92590 Re: 28645 Old Town Front Street, Tomecula, CA 925W On April 9, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily arnount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Properly Manager C':1tJ5cec\�om.colt:\Apt�Daia\RoaminglMieiY�si.�11�4Vorrt\AwaRecovery swt- afcivilpenaiics.'I'heFSonk.�5A9,4PR.1.117.2.asd.doc 1075 Page 463 City of Temecula Community Development department Code Enforcement DMSion 40 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (95 1) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite 4300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 16, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violalion of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall'serve as your official "Notice and Order' to pay a fine of one thousand dollar:; ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager G:UJscrsVom.co10\AppGaia\KonInintlMicrosoMWord\A(Ito Recuvery 'save ofcivilpenaties:l'hel3nnk,7(L LSAPR2(J?.2.tud.Juc 1076 Page 464 cif/ of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92.590 Phone (951) 302-4144 • Fax 1951) b94-6487 • www,temecula(:a.gov CIVIL., NI ALTY NOTICE AND ORDER CNC Puna Corporation Brad Landon, Agent forService 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On April 16, 2022, 286415 Old Town Front Street, GA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall servo as your official "Notice and Order" to pay a fine or one: u1crosand doli<:us ($1000,00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine tho daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:\tJsrrs\tom.colelAppDnt,r\Roinning\Micrusofllwotd\AuuoRecovcry save ofcivilpenalies.TheBaiik.77.16APR2022.asd.doc 1077 Page 465 Qty_Qf Temecula Community Development Department Code Enforcement: Division 41000 Main Street , Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 691-6487 - wvvw.tenieculaca.gov CIVIL PENALTY OTIC' E AND OFZDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suile 11300 Temecula CA 92590 Re: 28645 Old 'town Front Street, Temecula, CA 92590 On April 29, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to c:ontply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor -Code Enforcement CC: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager CAUwr. turnx0c'AppW!4U .RoamingWiciuso11%WordNAutolk .covury Savo ��rcivilpenatiuS:rh a3unk.7R.29A1'R'1.g22.iiscLdr�e 1078 Page 466 G/ of Temecula Community Development Department Code Enforcement DMsion 41000 Main Street � Temecula, CA 92590 Phone (951) 302-4144 • fax (951) 694•6487 - www.temc.culaca.gov CIVIL PEI AL NOTIG' IN DES CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 26645 Old Town Front Street, Temecula, CA 92590 On April 30. 2022, 261345) Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to delermine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager (; :11Jsrrsuan7.Cole\App[MIrARoarning':Microsull;WmdlAurnRecovery save orcivilpataries: fltel3mtk.7i).30A PR202.2..,isd.cloe 1079 Page 467 _ten-. city of Temecula T ommunity Development Department ode Enforcement Division 000 Main Street 4 Temecula, CA 92590 Phone 1951) 302-1 144 • Fax 1951) 694.6487 • www.terriElC(Alaca.gov CIVIL PENALTY NOTICE-_ AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 4300 Temecula CA 92590 Re: 26645 Old Town Front Street, Temecula, CA 92590 On May 6, 2022, 28645 Old Town Front Street, CA 92590. was found to be in violation of Section § 17.04.(110, (Conditional Use Permit), of the Temecula Municipal Code, Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings end/or citations, and additional evidence. The City Manager and/or his designee reseryes the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Nadya Bagdasarian Code Enforcement Officer II cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Properly Manager (:':1lJserslh,ntculc`,Appl)earlRuauiin(;\Microso111Wardl,AutitRcarvory st1w ofcivilp�nativs.'fhef3ruik.60„O6MA1'7.02? asd.doc Page 468 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.terneculaca.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite W300 Temecula CA 92690 j Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 7, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of once thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor -Code Enforcement cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifor Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager C:1t)serslunn.Ci�lelAppL)a19!Itonming!tvlicrcnoll!Wnrd!Auin)tccovi;iy save ofcivilpi:navies.1'hel3ank.81.D7MAY'L022.asd.ilac 11. Page 469 City of Temecula �fT_ F unity Development Department nforcement Division Main Street • Temecula, CA 92.590 Phone (951) 302-4114 -Fax (9511 694-6487 - www.temeculaca.gov TICE AND ORMER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 13, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thomw)d dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an emount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (961) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\uityoftemt:culn.orglshareslusersV1'om.Cole1CQLEnviviI penaties. TheBank.82.13 MA Y2022.doe Page 470 City of Temecula V unity Development Department Enforcemenx Division Main Street • Temecula, CA 92590 Phone 1951) 302-4144 - Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOVICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 0300 Temecula CA 92500 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 14, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in Jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager llcityoRcmccula.orglsharesluscrs\Tom.Col OC'01.F 17civiIpennties.TheBunk.83.14MAY2022.doe 1083 Page 471 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • TcrneCula, CA 92590 Phone (951) 3024144 • Fax (951 ) 694-6487 • www.tcmcculaca.gov a s. CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old 1-own Front Street, Temecula, CA 92590 On May 20, 2022, 28645 Old Town front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a line of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager lciiyuflenieculu.orglshares'•.(Jsersl font.CnIe1CC)L[il'\civilpeuali�s:l'het3nnk.84.2UMAY:U'2'2.dac Page 472 0y of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951) 302-4144 • Fax 19511 694-6487 • www.tPrneculaca.gov CIVIL PENALTY NOTICE N,D ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 21, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thr:rusand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of tip to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to detennine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Torn Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager llcityollemc culn.t>rt lsh,arcs\Usvrsll'orn.Colo\CQ!_L`f',civilpenalies,1 hcl3Emt .85.21 MA Y2022.doe 11. Page 473 Oty of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula. CA 92590 Phone (951) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov CIVIL PENALTY NOTIC4 AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temer.,ula, CA 92590 On May 27, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($10010.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties In an amount of up to two thousand five hundred dollars ($2,500.00) per (Jay. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager andlor his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation Is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer. cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis,•City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager W;hyonemecuki.erg\shatcAlJsers'••"rc,m.CnIu1C.UlEPeivilpenaiics.Thenank.86.27MAY2022.doe Page 474 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street * Temecula, CA 92590 Phone (951) 302-4144 • Fax (951) 694�6487 • www.tLnieculaca.gov CIVIL PENALTY NO-TICEAND DF,'. CNC Puma Corporalion Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92690 Re: 28645 Old Town Front Street, Temecula, CA 92590 On May 28. 2022, 28645 Old Town Front Street, CA 92590; was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17,04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to deterrnine (lie daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in Jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1,21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom COIL' Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager acityotiE,'lNcivilpenill ics: 1le8 utk.87.28MAY2b22.doc 9 1- Page 475 City of Temecula Community Development Department Code Enforcement Division 41000 Main Strr:et • Torne.cula, CA 92590 Phone (951) 302-4144 • Fax (9S I) 694-6487 • www.terneculaca.gov CIVIL PENALTY hio-nGE AND ORDER t CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 3, 2022, 28645 Old Town Front Street, CA 92590, was found to be.in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to fray a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04,010. Continuing violations of this Ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the dally amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager aridlor his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in Jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer Cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Aci tyi.l ltemecula.orgt sha re%WsersM)m.CU ICM�t) L t Nivit peiialies: l'hcLlank.BR.U:iJUN2022.d„c • Page 476 City of Temecula F41 unity Development Department nforcement Division Main Strut - Temecula, CA 92590 Phone (951 )302-4144 • Fax (9 51) 694-6487 • www.teryieculaca.gov CIVIL PENALTY I NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re; 28645 Old Town Front Street, Temecula, CA 92590 On June 4, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a Fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdoiricanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance, If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Torn Cole Field Supervisor - Code Enforcement Officer cc, Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Properly Manager \,CiiyollcmectI[a.siiooi.COIF\r:.Ot.IiTicivilpwiatics:'fheH:uit ,8).D4JUN'LU2Z.doo l � • 0 Page 477 City of Temecula r4l unity Development Department Enforcement Division Main Street - Ternecula, CA 92590 Phone f951) 302-4144 • Fax )951) 694-6487 • www.tC.rnc;.atlaca.gov CIVIL PENALTY Y NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 10, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04.010, (Conditional Use Permit), of the Ternecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fink: of one thousand dollars, ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determirfe the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this find within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 clays, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Torn Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager Uciryotl�mrculu. ir��sh:ues;users�I'inTwColc\('OL,E1lcivilpennries.'1'heESunk.9l1,10,n.IN2022.doc Il 1 Page 478 City of Temecula J. Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax i951 j 694-6487 • www.remeculaca.gov CIVIL PENALTY NOTICE N ORDER CNC: Puma Corporation Brad Landon, Agent for Service 28693 Old 'Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Oki Town Front Street, Temecula, CA 92590 On June 11. 2022. 28645 Old 'town Front Street, CA 92590, was found to be in violation of Section § 17.04,010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two Thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or trp to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302.4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S'Sullivan, Property Manager \\ci�yo0ernrcute.or,tsharrs`.uscis�"Tom.Cole1C'l:)L.E'f`,civilpamlie.; rheE)ank,9l.l IJUN2022.duc 1091 Page 479 City of Temecula F41 unity Development Department Enforcement Division Main Street • Temecula, CA 92590 Phone 1951) 302-4144 • Fax (951) 694•6487 • www.tf.?meculic�t.gov CIVIL PENALTY (.)TI(,,"E AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re; 28645 Old Town Front Street, 'remecula, CA 92590 On June 17, 2022, 26645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a inisderneanor carrying a potential penally of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine: within 30 hays of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302A 116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc; Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager. Norman S Sullivan, Property Manager ftityoflemecnla,org\shares\uccisCTom.C'olo\Cr7L.EINC ivi[PomIies.Thcl3ailk. J2.17.11)N2022.doe 1092 Page 480 city of Temecula F41 unity Development Department nforcement Division Main Street - Temecula, CA 92590 Phone 1951 j 302-4144 • Fax (951 ) 694-6487 • www.tu, n culaca.gov CIVIL PENALTY NOTICE AND ORDER. CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 18, 2022, 2864'5 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order' to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager arid/or his designee to determine the duration and daily amount of the civil penalties were the past History of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and there by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pelrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\Ci lyorlemecula.orp\tilts rus\usersl l'um.Cole!(:'(:11.1 'I'lcivi Ipenalics.Thetlank.93.18111N2022A)c 1093 Page 481 City of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951) 694-6487 • www.temeculaca.gov I IL PENALTY NOTICE .AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 11300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 24, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1,24.040 this correspondence shall serve as your official "Notice and Order, to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil .penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. if you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pelrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager NJiyollcmecidri.org\shares%users\ -w, .cole\cot.I=. rlc:ivilpeuaiios: rhet3nnk.94.24.1UN2.022..doc Page 482 City of Temecula J- Community Development Department Code Enforcement Division 4 1000 Main Street • Temecula, CA 92590 Phone (951 j 302-4144 • Fax (951 ) 694-6487 - www,tcmec(ilacii.gov CIVIL PENALTY NOTICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite 9300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On June 25, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one: thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500,00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116 Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager llciryoRemcrula.nrglshnrislusers\"ron1.C'olc1C'OL.tiTlcivilpena�ies."fhel3ank �)5.25J111+l2(122.dnc 1095 Page 483 city of Temecula Community Development Department Code Enforcement Division 41000 Main Street • Temecula, CA 92590 Phone (951( 302-4144 • Fax (951) 694•6487 • www.temecLitaca.gov CIVIL PENALTY NOTICE AND ORDER. CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 1, 2022, 28645 Old Town Front Street, CA 92500, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pray a fine of one tUausanct r:lollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a rnisderneanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 'Aci ryn ficnu.culti.arg\sh;u eslU,crs`; I'om.Cola\COI,I ; flaivt I pannries.1'liea3;+nk.9b.01 J UL2072.�1oc Page 484 City of Temecula Community Development Department Code Enforcement Division 41000 Main 5trec.,t • 1t^rnecula, C'A 92590 Phone (951) 302-4144 • Fax (951) 694-6467 - www,temeculaca.gov CIVIL PENALTY NOTICE N RDE CNC Puma Corporation Brad Landon, Agent for Service 26693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 92590 On July 2, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Ternecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17..04.010. Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an arnount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and additional evidence. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or. up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager 1\ciryoftemecula.orgsLareslLsers' Pom.( iile�C(?1.f-:rlciviIpeonties.Thel3ntik 97.02.IU1.2022.dor. 1097 Page 485 City of Temecula J Community Development Department Code Enforcement Division 41000 Main Street - Temecula, CA 92590 Phone. (9S 1) 302-4144 • Fax (951) 6946487 • www,temec:ulac i.gov CIVIL PENALTY NOTIC.E. AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite //300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA 02590 On July 15, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17.04.010, (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24,040 this correspondence shall serve as your official "Notice and -Order" to pay a fine of one thousand dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.0,10, Continuing violations of this ordinance will lead to the daily accrual of -Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil penalties were the past history of warnings and/or citations, and addltional evidence. The City Manager end/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties, Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail and/or up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21, If you have any questions regarding this matter, please contact me at (951) 302-4116. Sincerely, Tom Cole Field Supervisor- Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Pelrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager `AwtyoRein=h.e rbAsl muesNLlwrATom.Cule\COt.F-ileiviIpewitics.Thel3ank 98.I5.1U1..2022.doe Page 486 City of Temecula F41 unity Development department nforcement Division Main Street v Temecula, CA 92590 Phone (951 ) 302-4144 • Fax (951 j 694-6487 • www.temeculaca.gov (� I I L PENALTY NOT ICE AND ORDER CNC Puma Corporation Brad Landon, Agent for Service 28693 Old Town Front Street Suite #300 Temecula CA 92590 Re: 28645 Old Town Front Street, Temecula, CA'92590 On July 16, 2022, 28645 Old Town Front Street, CA 92590, was found to be in violation of Section § 17,04,010. (Conditional Use Permit), of the Temecula Municipal Code. Pursuant to Temecula Municipal Code § 1.24.040 this correspondence shall serve as your official "Notice and Order" to pay a fine of one thousand (Dollars ($1000.00) for continued violations of the Temecula Municipal Code § 17.04.010, Continuing violations of this ordinance will lead to the daily accrual of Civil Penalties in an amount of up to two thousand five hundred dollars ($2,500.00) per day. The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. The factors used by the City Manager and/or his designee to determine the duration and daily amount of the civil Penalties were the past history of warnings and/or citations, and additional evidence, The City Manager and/or his designee reserves the right to determine the daily amount assessed for any additional Civil Penalties. Please be advised that each failure to comply with the Temecula Municipal Code is also a continuing criminal violation and each violation is a misdemeanor carrying a potential penalty of six months in jail andlor up to a $1,000 per day fine. Please pay this fine within 30 days of issuance. If you wish to contest this fine you must first pay the fine within 30 days of Issuance and then by completing a request for hearing form within 30 days, pursuant to TMC 1.21. If you have any questions regarding this matter, please contact me at (951) 3024116, Sincerely, Tom Cole Field Supervisor - Code Enforcement Officer cc: Brian Clements, Building Official Luke Watson, Deputy City Manager Jennifer Petrusis, City Attorney Amanda Moore, Manager Norman S Sullivan, Property Manager \\ciryollemecula.orglshares\llscis\'I'um.('oki�ta)L1.i'1'`,civilperiaiies: fhel3ank.49, IG111L.20).'1,.dac Page 487 EXHIBIT D 1100 Page 488 California Secre'ary of stote Business UCC Horne Business Search Search The California Business Search Forts provides access to available information for corporations, limited liability companies and Help limited partnerships of record with the California Secretary of State, with free PDF copies of over 17 million imaged business entity documents, including the most recent imaged Statements of Information filed for Corporations and Limited Liability Companies. Currently, information for Limited Liability Partnerships (e.g. law firms, architecture firms, engineering firms, public accountancy firms, and land survey firms), General Partnerships, and other entity types are not contained in the California Business Search. If you wish to obtain information about LLPs and GPs, submit a Business Entities Order paper form to request copies of filings for these entity types. Note: This search is not intended to serve as a name reservation search. To reserve an entity name, select Forms on the left panel and select Entity Name Reservation ? Corporation, LLC, LP, Basic Search A Basic search can be performed using an entity name or entity number. When conducting a search by an entity number, where applicable, remove "C"from the entity number. Note, a basic search will search only ACTIVE entities (Corporations, LimiIN 01 Login ZIP THIRD INVESTMENTS, LLC (201034010087) Initial Filing Dote Status Standing - SOS Standing - FTB Standing - Agent Standing- VCFCF Formed in Entity Type L� Re qquest Certlflcate 12/06/2010 Active Good Good Good Good CALIFORNIA Limited Liability Company - CA PrtncipolAddress 3055 WILSHIRE BLVD. SUITE 1010 LOS ANGELES, CA 90010 MailingAddreSs 3055 WILSHIRE BLVD. SUITE 1010 LOS ANGELES, CA 90010 Starement of Info 12/31/2022 Due Date Agent ; Individual 4971509 I NORMAN S SOLOMON 3055 WILSHIRE BLVD. SUITE 1010 LOS ANGELES, CA 90010 01-10 OL- pad View History Request Access Skip to main content Slate Page 489 California Login Sec/ ecary of Slate Business UCC Out of state Associations). ZIP THIRD INVESTMENTS, LLC Home The basic search performs a (201034010087 contains ?keyword? search. The Advanced search allows for a ?starts with? filter. To Search search entities that have a status other than active or to refine search criteria, use the Forms Advanced eoture. hd d Avancesearc Request certificate Advanced Search Initial Filing Date 112/06/2010 Help status Active An Advanced search is Standing - SOS Good required when searching for publicly traded disclosure Standing FTB i Good information or a status other Standing - Agent ! Good than active. # Standing -VCFCF Good An Advanced search allows Formed In I CALIFORNIA for searching by specific entity types (e.g., Nonprofit Entity Type Limited Liahllity Company - Mutual Benefit Corporation) CA or by entity groups (e.g., All Corporations) as well as PrincipalAddress 3055 WILSHIRE BLVD. SUITE 1010 searching by ?begins with? LOS ANGELES, CA 90010 specific search criteria. Marling Address 3055 WILSHIRE BLVD. SUITE 1010 Disclaimer. Search results are LOS ANGELES, CA 90010 limited to the 500 entities closest Statement of Info ' 12/31 /2022 matching the entered search Due Date 3 s criteria. !f your desired search Agent ; Individual result is not found within the 500 i NORM 9 ORMAN S SOLOMON entities provided, please refine # 3055 WILSHIRE BLVD. SUITE the search criteria using the 1010 LOS ANGELES, CA 90010 Advanced search function for _ _ additional results/entities. The California Business Search is ` onlo 061D updated as documents are approved. The data provided is View History Request Access not a complete or certified record. Although every attempt has been made to ensure that the information contained in the database is accurate, the Secretary of State's office is not responsible for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information that is provide . 11 r. rh ir, Fnrm..+inr. rr nr.. � Skip W main content State Page 490 California Scretury of Stag Home Search Forms Help Business UCC on - etaf rower, and (3) complete your request online zip third inve Advanced Results: 1 I Entity , InitialFiling h Information ~ ! Date P ZIP THIRD INVESTMENTS, i 12/06/2010 LLC (201034010087) 1103 O 2022 CA Secretary of State Login J ZIP THIRD INVESTMENTS, LLC (201034010087) Reg uest CerCFflcate Initial Filing Date ; 12/06/2010 Status Active Standing - SOS Good Standing - FTB Good Standing -Agent I Good Standing - VCFCF Good +� Formed In CALIFORNIA EntityType CA ited Liability Company- Principal Address ; 300555 WILSHIRE BLVD. SUITE LOS ANGELES, CA 90010 MailingAddress i 3055 WILSHIRE BLVD. SUITE 1010 LOS ANGELES, CA 90010 Statement of Info 12/31/2022 Due Date Agent I Individual 4971509 NORMAN S SOLOMON # 3055 WILSHIRE BLVD. SUITE 1010 LOS ANGELES, CA 90010 � 4� View History Request Access Page 491 1104 OAH Judge's Order Denying Property Owner's Motion for Continuance and Motion for a Prehearing Conference - Zip Third Investments, LLC's 1105 Page 492 In the Matter of: THE BANK, BEFORE THE OFFICE OF ADMINSITRATIVE HEARINGS STATE OF CALIFORNIA OAH No. 2022051021 ORDER DENYING PROPERTY Respondent. OWNER'S MOTION FOR CONTINUANCE AND MOTION FOR A PREHEARING CONFERENCE PROCEDURAL BACKGROUND On August 26, 2022, the Office of Administrative Hearings (OAH) received a motion for a continuance of the hearing by the property owner and purported permit holder for the conditional use permit (CUP) at issue in this hearing, ZipThird Investiments, L.L.C. (ZipThird)'. The basis for the motion for a continuance is that ZipThird received insufficient notice of this hearing and the underlying violations that give rise to the basis for the City's revocation of the CUP because the City only served the notices of citations on the property tenant, The Bank, and failed to properly notify the property owner of those violations. ZipThird asserts that only through a public records act request did it receive some of the underlying citation documents from the City as recently as August 17, 2022, but the property owner is unsure if this is the entirety of the underlying bases for the City's revocation of the CUP. Also, ZipThird is currently in the process of eviction of the tenant, The Bank, but was previously unable to do so because of a pending bankruptcy proceeding. ZipThird argues that the CUP violations will be addressed when the tenant, The Bank, is evicted from the property thereby preventing any further violations of the CUP. On this basis ZipThird request a continuance of the hearing. Additionally, in its motion ZipThird requests a prehearing conference "to determine questions regarding the conduct of the hearing." ' The only respondent listed in the Request to Set the hearing for the revocation of the CUP is The Bank, with Amanda Moore, owner, and additional notice sent to Craig Puma and Brad Landon. It is unclear if any of those entities or individuals are the holder of the CUP at issue in this hearing because none are the owner of the property. The property owner, ZipThird, asserts that it is the holder of the CUP. If so, then ZipThird, and not The Bank, would be the real parry in interest in this matter and should be named as a respondent. However, documents provided show that the application for the CUP was filed by The Bank with contact of Craig Puma and the property owner was listed as Maureen Licata. Accordingly, clarification of which person or entity is the current CUP holder is essential to this matter. Page 493 On August 29, 2022, ZipThird also filed a Request for Prehearing Conference wherein ZipThird requested a prehearing conference pursuant to California Code of Regulations, title 1, section 1026, as well as alternative dispute resolution. The basis of the request is the same assertion that ZipThird was not "effectively notified" of the pending revocation and therefore excluded from "OAH procedures such as discovery," and ZipThird "wishes to confirm the procedures for each parry's participation and to suggest possible stipulations." Additionally, ZipThird also requested "alternative dispute resolution." On August 29, 2022, the City filed its opposition to ZipThird's motion for a continuance of this matter. In its opposition the City asserts that ZipThird has had notice of the underlying violations of the CUP and has received copies of the civil penalty letters related to those violations since August 2021. Additionally, the City contends that because ZipThird has had notification of the recommendation that the CUP be revoked since July 5, 2022, ZipThird has had at least 57 days of notice prior to the hearing, which is more time than is allowed under the Temecula Municipal Code (TMC) section 17.03.085. The City asserts that ZipThird has not established good cause to continue the hearing. The City provided no position regarding the request for a prehearing conference. On August 29, 2022, attorneys for respondent The Bank, Amanda Moore owner, and CNC Puma Corp (hereinafter collectively referred to as The Bank) filed its opposition to ZipThird's motion to continue the hearing and request for a prehearing conference. In its opposition respondent The Bank argues that ZipThird's efforts to evict The Bank from the property are unrelated to this hearing, which involves the revocation of the CUP. The Bank contests that any violations of the CUP have occurred. The Bank also denies that ZipThird has not been provided with proper notice of the alleged violations of the CUP and asserts that ZipThird has had notice of those violations since 2021. The Bank also opposes a prehearing conference in this matter on the basis that it is not timely, and "there is no legal basis supporting the argument for a continuance on these grounds." THE MOTION FOR A CONTINUANCE The primary basis for ZipThird's motion to continue this matter is the argument that it has had improper notice of the underlying violations of the CUP giving rise to the revocation recommendation at issue in this matter. However, both the City and respondent The Bank dispute that assertion and have provided evidence that ZipThird was provided notice of those violations at least as early as August 2021. Notably, even in the supporting declarations of ZipThird's attorney, ZipThird admits that at least one letter dated April 13, 2022, was delivered to ZipThird's address of record, but "was not provided to Norm Soloman himself." Regardless, as set forth in the TMC section 17.03.085, only 45 days of notice of the revocation are required prior to the hearing, and in this case ZipThird has had well over 57 days of notice. Furthermore, ZipThird's assertion that it is working to evict the tenant in order to prevent any further violations of the CUP does not constitute good cause to continue the hearing, particularly because prevention of future violations of the CUP does not address any already existing underlying violations that occurred, which is the asserted basis to revoke 1197 Page 494 the CUP. ZipThird's assertion that it needs additional time to review the documents, evict the tenant, and work with the City to prevent any future violations do not constitute good cause to justify a continuance of the hearing. Accordingly, ZipThird's motion to continue the hearing is denied. REQUEST FOR A PREHEARING CONFERENCE ZipThird's request for a prehearing conference was made pursuant to California Code of Regulations, title 1, section 1026, which is a regulation promulgated under the authority of the California Administrative Procedure Act (APA), which generally governs the procedures for the conduct of matters before the Office of Administrative Hearings. However, the current hearing at issue in this matter is not governed by the APA, but instead, the authority for conducting this hearing is set forth explicitly in the TMC section 17.03.085. Accordingly, ZipThird's reliance on procedures as set forth in the California Code of Regulations for this particular matter is misplaced. Notably, the TMC does not provide any authority for setting a prehearing conference or for setting any alternative dispute resolution options. Instead, the procedural requirements for this hearing are set forth exclusively in the TMC. Additionally, while ZipThird has had well over 57 days of notice regarding this hearing, it waited until two days prior to the first day of hearing to request a prehearing conference in this matter. Accordingly, ZipThird's request for a prehearing conference is untimely. ZipThird's request for a prehearing conference or alternative dispute resolution is denied. IT IS SO ORDERED. DATED: August 30, 2022 WI -a D Nye--per[dyJ DEBRA D. NYE-PERKINS Administrative Law Judge Office of Administrative Hearings Page 495 DECLARATION OF SERVICE Case Name: The Bank OAH No.: 2022051021 I, Zenobia Akindipe, declare as follows: I am over 18 years of age and am not a party to this action. I am employed by the Office of Administrative Hearings. My business address is Emerald Plaza, 402 West Broadway, Suite 600, San Diego, CA 92101. On August 30, 2022, I served a copy of the following document(s) in the action entitled above: ORDER DENYING PROPERTY OWNER'S MOTION FOR CONTINUANCE AND MOTION FOR A PREHEARING CONFERENCE to each of the person(s) named below at the addresses listed after each name by the following method(s): Thomas J. Callaway, Esq. 43537 Ridge Park Drive Temecula, CA 92590 Via E-Service Tani call away(t)veri zon .net Jennifer Petrusis Richards Watson Gershon, LLP 350 South Grand Ave., 37th Floor Los Angeles, CA 90071 Via E-Service inetrusis@rwglaw.com; m reer rw law,com Bran Landon CNC Puma Corporation 27555 Ynez Road, Suite 110 Temecula, CA 92591 Via U.S. Mail Elizabeth L. Martyn 2855 E. Guasti Road, Suite 402 Ontario, CA 91761 Via E-Service md:•tyn1aw2000 rr:aol.com; tsherman@colehuber.com; iiboiin@coleliuber.com; ssgriswold@colehuber.con3 Craig Puma 28645 Old Town Front Street Temecula, CA 92590 Via E-Service cpumavi(�gmail.com ® United States Mail. I enclosed the document(s) in a sealed envelope or package addressed to the person(s) at the address(es) listed above, and placed the envelope or package for collection and mailing, in accordance with the Office of Administrative Hearings' ordinary business practices, in San Diego, California. I am readily familiar with the Office of Administrative Hearings' practice for collecting and processing documents for mailing. Correspondences are deposited in the ordinary course of business with the United States Postal Service in a sealed envelope or package with postage fully prepaid. [ ❑ by certified 4a1lQ9 Page 496 ® Electronic Transmission. Based on a court order or the agreement of the parties to accept service by electronic transmission, the document(s) were distributed to the person(s) by secure electronic transmission (OAH Secure e-File) with a notification and document link sent to the email address(es) listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration was executed at San Diego, California on August 30, 2022. Zen*Akr a(r; Zenobia Akindipe, Declarant 1110 2 Page 497 In the Matter of: THE BANK TRANSCRIPT OF HEARING VOLUME I August 31, 2022 iatinc joncs & A�soc1'.t S Reporting and Videography P.J. Pox 1736 Pacific Palisades, California 90272 310.472.9882 1112 STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DEBRA NYE-PERKINS, ADMINISTRATIVE LAW JUDGE In Re ) OAH Case No. 22022051021 The Bank ) PUBLIC HEARING Volume I TRANSCRIPT OF PROCEEDINGS Via Zoom Videoconference Wednesday, August 31, 2022 Reported by: SHELBY K. MAASKE HEARING REPORTER 1113 I VA 3 4 5 6 7 8 9 10 101 12 13 14 15 16 17 18 19 20 PAI Pia 23 24 25 In Re STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DEBRA NYE-PERKINS, ADMINISTRATIVE LAW JUDGE The Bank OAH Case No. 22022051021 PUBLIC HEARING Volume I Virtual Transcript of Proceedings, taken via Zoom Videoconference beginning at 9:00 a.m. and ending at 4:43 p.m. on Wednesday, August 31, 2022, heard before Debra Nye -Perkins, Administrative Law Judge, reported by Shelby K. Maaske, Hearing Reporter. www.dilr&f nesassociates.com 310:472.9882 2 1 2 3 4 5 6 7 8 9 10 owl IV 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: For the CITY OF TEMECULA: RICHARDS WATSON & GERSHON BY: JENNIFER PETRUSIS, ESQ. (Appearing remotely by Zoom) 350 S. Grand Avenue 37th Floor Los Angeles, California 90071 213-626-8484 jpetrusis@rwglaw.com For the ZIP THIRD INVESTMENTS, LLC: COLE HUBER, LLP BY: ELIZABETH L. MARTYN, ESQ. (Appearing remotely by Zoom) 2855 E. Guasti Road Suite 402 Ontario, California 91761 martynlaw2000@aol.com For CNC PUMA CORPORATION: LAW OFFICE OF THOMAS JAMES CALLAWAY BY: TOM CALLAWAY, ESQ. (Appearing remotely by Zoom) 43537 Ridge Park Drive Temecula, California 92590 951-201-6982 PUBLIC APPEARANCE: Major Williams www.di esassociates.com 3 .472.9882 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X OPENING STATEMENT PAGE LINE Ms. Petrusis 49 8 Mr. Callaway 52 3 Ms. Martyn 53 21 THE CITY'S WITNESSES: PAGE Watson, Luke Direct Examination by Ms. Petrusis 57 Cross -Examination by Mr. Callaway 100 Cross -Examination Ms. Martyn 132 Tom Cole Direct Examination by Ms. Petrusis 140 Cross -Examination by Mr. Callaway 167 Cross -Examination Ms. Martyn 179 Joshua Hephner Direct Examination by Ms. Petrusis 191 Cross -Examination by Mr. Callaway 210 Redirect Examination Ms. Petrusis 225 www.di" esassociates.com 3472.9882 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X (Continued) THE CITY'S WITNESSES: PAGE John Carrington Direct Examination by Ms. Petrusis 228 Cross -Examination by Mr. Callaway 235 Jeffrey Letourneau Direct Examination by Ms. Petrusis 238 E X H I B I T S THE CITY'S MARKED FOR RECEIVED EXHIBITS: IDENTIFICATION IN EVIDENCE 1 - Temecula Municipal 22 64 Code Section 17.03.085 2 - Temecula Municipal 22 64 Code Section 17.03.010 3 - Temecula Municipal 22 64 Code Section 17.03.090 4 - Minor Conditional 22 68 Use Permit Application 5 - DH Resolution 23 69 No. 08-001 6 - City of Temecula 23 72 Minor Modification Application www.di�rr� esassociates.com 3472.9882 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S (Continued) CITY'S MARKED FOR EXHIBITS: IDENTIFICATION 7 - City of Temecula 23 Letter dated October 15, 2008 8 - Minor Modification Application for a Permit 9 - City of Temecula Letter dated February 28, 2012 10 - Administrative Citations from the City of Temecula 11 - Civil Penalty and Notice Order Citations from the City of Temecula 12 - City of Temecula Letter to Zip Third Investments dated August 20, 2021 13 - Letter dated May 19, 2022 14 - Letter dated July 8, 2022 15 - Flier for Summer Party Kickoff THE BANK'S EXHIBITS: A - Minor Conditional Use Permit B - Minor Modification Application C - Minor Modification Application 23 23 901! 24 25 26 26 MARKED FOR IDENTIFICATION 27 27 27 www.diInt esassociates.com 3I0:472.9882 RECEIVED IN EVIDENCE 73 77 OZ'? 165 162 MW RECEIVED IN EVIDENCE I 1 2 3 4 5 6 7 8 9 10 lei 1W 13 14 15 16 17 18 19 20 21 23 24 25 E X H I B I T S (Continued) THE BANK'S MARKED FOR RECEIVED EXHIBITS: IDENTIFICATION IN EVIDENCE D - Letter dated 28 April 13, 2022 E - Letter dated 28 April 18, 2022 F - Letter dated 28 March 19, 2022 G - E-mails 28 H - E-mails 28 I - E-mails 29 J - Private Security 29 Industries, PSI, Bureau of Security and Investigative Services Document K - Calls for Service 29 L - Calls for Service 29 M - Calls for Service 29 N - Calls for Service 30 0 - Calls for Service 30 P - Calls for Service 30 Q - Compilation of 30 Citation Information ZIP THIRD INVESTMENTS' MARKED FOR RECEIVED EXHIBITS: IDENTIFICATION IN EVIDENCE AA - Lease Agreement 32 www.di esassociates.com 3XF 472.9882 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S (Continued) ZIP THIRD INVESTMENTS' MARKED FOR EXHIBITS: IDENTIFICATION BB - Minor Conditional 32 Use Permit Application CC - Minor Modification 32 Application DD - Minor Modification 33 Application EE - E-mails 33 FF - City of Temecula 33 Final Conditions of Approval Permit GG - E-mail 35 HH - Temecula Code 36 Violation Form II - E-mails 37 JJ - Letter dated 37 May 5, 2022 KK - Letter dated 38 May 19, 2022 LL - E-mails 38 MM - Code Enforcement 39 Citations NN - Citations 40 00 - City of Temecula 41 Documents PP - Bankruptcy Documents 41 QQ - Citation Summary 41 www.di esassociates.com 472.9882 RECEIVED IN EVIDENCE 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S (Continued) ZIP THIRD INVESTMENTS' MARKED FOR EXHIBITS: IDENTIFICATION RR - OAH Order 42 SS - Notice of Public 42 Hearing TT - Minor Modification 42 Permit Application UU - Lease Agreement 42 VV - Declaration in 43 Support of Opposition of Motion to Dismiss WW - US Bankruptcy 43 Court Filing XX - Code Enforcement 43 Document YY - E-mails 44 ZZ - Temecula Municipal Code AAA - Letter dated 44 May 19, 2022 BBB - E-mails 45 CCC - Service Information 45 DDD - Letter dated 45 July 26, 2022 EEE - E-mail 45 FFF - Letter dated 46 August 23, 2022 GGG - Declaration in Support 46 of a Motion for Continuance www.dilrt#ojlnesassociates.com 3T0.472.9882 RECEIVED IN EVIDENCE I 1 0 3 4 5 6 7 8 9 10 11 110 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S (Continued) ZIP THIRD INVESTMENTS' EXHIBITS: HHH - Dismissal Order III - Declaration JJJ - E-mail KKK - E-mail MARKED FOR IDENTIFICATION 46 46 47 48 www . dig r_. ie j, nesassociates . com 310.472.9882 RECEIVED IN EVIDENCE 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Remote Proceedings; Wednesday, August 31, 2022 9:00 a.m. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I will open the record in the Matter of The Bank for revocation of a conditional use permit issued by the City of Temecula. This bears Office of Administrative Hearings No. 2022051021. My name is Debra Nye -Perkins. I'm am an administrative law judge with the State of California's Office of Administrative Hearings. I am not affiliated with the City of Temecula. I have assigned to hear this matter today. This hearing is taking place by video conference on August 31, 2022, at 9:00 a.m. May I take appearance of counsel for the record, please, beginning with the City. MS. PETRUSIS: Good morning, your Honor. Jennifer Petrusis with for the agency, City of Temecula. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Good morning. MR. CALLAWAY: Good morning, your Honor. Tom Callaway on behalf of the respondent, CNC Puma Corporation, dba The Bank of Mexican Food. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Good morning, Mr. Callaway. MR. CALLAWAY: Good morning. www.di QJ esassociates.com ri 11 �472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Martyn? MS. MARTYN: Good morning, your Honor. Elizabeth Martyn and Rick Edwards for Zip Third Investments, LLC, the permit holder and an additional respondent here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. So as an initial matter -- and I know there was some dispute about this issue specifically. And I'll move onto the public comment portion in just a moment. I want the attorneys to address the issue for me with regard to who the permit holder is in this particular matter and what your position on that is. I will start with Ms. Petrusis. MS. PETRUSIS: Thank you, your Honor. So we certainly agree that Zip Third Investments, LLC, which is the real property owner where The Bank operates, is one of the permit holders in the sense that the CUP runs with the land. So I'm not going to get into argument or evidence, but you will learn that, initially, there was one property owner, and now there's a different property owner. So they, essentially, inherited the CUP when they bought the property. But we also believe -- and this is why we have included CNC Corporation, Craig Puma and, at the time, Amanda Moore -- who, my understanding, she is www.di.-r�ej:nesassociates.com 310.472.9882 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 now Amanda Lane -- that they also, as the owners and operators of the restaurant located on that property, have a legal interest in the CUP. It's not my position to advocate for that. I'll let them describe what they believe their legal interest is. But, certainly, if we were successful in revoking this CUP, the restaurant would have -- there would be an effect on the restaurant, and we don't dispute that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Am I hearing from you that there are two permit holders here, both the property owner and the restaurant operator? MS. PETRUSIS: Yes. And I don't know if the legal definition is "permit holder." In the Municipal Code, we talk about the "applicant." In this case, the initial CUP was applied for by Mr. Puma on behalf of CNC Puma Corporation. And then we also talk about the "permitee." We believe the permitee is The Bank, CNC Puma Corporation. But we do acknowledge that the CUP runs with the land, and so there is a legal interest in the CUP by the property owner. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And that makes things a little sketchy because a permit holder, as I understand it -- and that is what's used in Temecula Municipal Code -- is what's at issue here. So I need the definition of who the permit owner is -- or the permit www.di QQJJ esassociates.com 13 3TA472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 holder, I should say, as used in those statutes, for this hearing. Because it appears to me that there are two respondents in the matter, both CNC Puma, operating as The Bank, and, also, the property owner. Because we are acknowledging that the permit runs and follows the property; correct? MS. PETRUSIS: That's right. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. So in that case, do you agree there should be two respondents in this matter? MS. PETRUSIS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Callaway, do you have a position on this? MR. CALLAWAY: We do. We feel that we are the permit holder. In looking at Municipal Code 17.04.010 -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm sorry. What are you citing? MR. CALLAWAY: Municipal Code 17.04.010. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. MR. CALLAWAY: The language in there -- there's no language as to the property owner. The language in there, and it's used mutually and back and forth, is "applicant" and "permit holder." We are the only applicant. We believe we are the permit holder. We make the discretionary decisions to file the permit, and it's www.diQJ�esassociates.com 3TU 472.9882 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up to us to stay in compliance with the permit. There's some cities that referenced a property owner, and in Temecula -- I have gone through the codes. I don't see any reference to the property owner, being, you know, basically, the alter ego or also a permit holder unless they are the actual applicant as well. So we believe we are the applicant and the permit holder. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Ms. Martyn? MS. MARTYN: Yes, your Honor. Let me say that we, as the owner of the property, are, we believe, the permit holder. We agree with Ms. Petrusis that a CUP runs with the land. I think we all agree as to that. I think the confusion here arose because the citations were to the responsible party. The responsible party is The Bank. There's nothing in the lease document between the parties, which is part of the record, that make them privy to the CUP, and, as you, your Honor, referenced in your questions yesterday. The application was signed by, and has the first CUP, and has to be signed by the property owner, because it's the property owner who gets the CUP because it attaches to their property. So we believe -- and I have case citations if it will be helpful to you. And I can also cite you to our request for a continuance where we did try to provide a www.difn_'i esassociates.com 310.472.9882 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 discussion of this to clarify the issue. It seems to me that the question is, you have the permit holder, which is Zip Third, you have The Bank, which is the operator and responsible party. It seems to be the question legally will come down to, can the City hold this permit holder responsible for violations of the CUP by their tenant? And we tried to provide you with a little bit of law on that subject in our Notice of Motion. I don't mean to make this more complicated, but I think your question goes to the heart of the matter here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And as I read briefly -- I have not reviewed these documents. I have not admitted any of those documents into evidence. Nothing is in evidence at this point. I also just took a cursory look at the actual CUP permit which appears to hold the property owner liable to some degree, which would also, for anything that happens with regard to the permit, would also indicate that the property owner is also a permit holder in this case. Okay. I have the parties' positions on that very critical issue. I believe, from my personal review of this, that the permit holder is both the property owner and The Bank, or the company that operates as a restaurant on the property, based on my information. I believe those www.diesassociates.com 16 jQJ$ 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 are the proper respondents in the case. So we have two respondents in this case from my perspective. Just one second. So to let you all know, and as you are aware, I am recording this hearing in lieu of a court reporter. But, you will also hear me typing fairly furiously. There is a reason for that. I don't get the luxury of a transcript here, so my notes are absolutely critical when it comes to actually drafting this decision which is going to take a bit of effort. So there will be times when I will slow you down to make sure that my notes are complete, because if they are not complete, that causes me great strife and difficulty. So just to let you know that as an initial matter. Now, the first thing I typically do in these hearings is mark documents for identification. But as I understand, the Temecula Municipal Code allows for public comment and participation in these hearings. They typically do a public comment or participation section prior to the actual substantive part of this hearing. So I'm going to open that up. If there are any folks on the line here who would like to provide public comment, now is your opportunity to do so. Please let me know if you are there. www.di�rr� esassociates.com 472.9882 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT REPORTER: Your Honor, my name is Shelby Maaske. I am a court reporter here today taking a backup for today's proceedings. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Great. I still won't get a transcript, but thank you, Ms. Maaske. I assume that you were retained by the City; correct? THE COURT REPORTER: Yes. I just wanted to let you know. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Is there any public comment? MR. WILLIAMS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Go ahead. PUBLIC COMMENT MR. WILLIAMS: First, I want to say thank you so much for everyone being on the call today. My name is Major Williams. I'm a proud resident of Riverside County. I am a husband, father, business owner, and a former gubernatorial candidate and was always supporting small businesses and free enterprise. Today I want to share my support for The Bank in keeping its status for background music and live entertainment and the ability to serve alcohol. There are always two sides to the story. I'd like for you to be www.di esassociates.com 3472.9882 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 aware that many of the harsh things that were said about The Bank in the location of Old Town is grossly misrepresenting the overall experience for you to take experiences there in that particular area. Also, from my understanding, there's been a false notion imposed stating that The Bank is unsafe and that employees are criminals. One could conclude those remarks as racism and a clear overreach of crime actually happening inside The Bank or in its property. But you wouldn't expect a gubernatorial candidate like myself, or even Larry Eldridge, to visit anywhere unsafe. You know, we have millions of followers, supporters, and voters, and we would never be irresponsible by supporting an unsafe location that is not adhering to policies and restrictions and regulations of the city. But if you were to ask me why I support The Bank restaurant, the response is, the staff is great, you know, you feel accommodated, the food is delicious, and you feel welcomed by the diverse employees who could potentially be without a job due to the revocation imposed against The Bank currently today. The counsel has been -- your Honor, have a duty of navigating these things, but I hope that you would be able to see through the information that's presented to www.diInt9nesassociates.com 19 30.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you today. And I respectfully ask, don't take opportunities away from people like single moms that are working and are barely scraping by, especially during these times that we are all facing. We are not immune to those or know people who are going through certain strifes. I hope my words today can add context and clarity in regards to the support that -- (internet interruption) -- others, The Bank for a destination place for bridal showers and corporate parties. I just wanted to share my public comment -- (internet interruption). ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sorry, Mr. Williams, you are breaking up a little bit. MR. WILLIAMS: I just want to say thank you so much for allowing me to share my support of The Bank during this time, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Williams. Any further public comment? All right. Hearing none, we will move onto the substantive portions of this hearing. Now, before I allow the parties -- I'm going to allow the parties to have a brief opening statement, but before I do that, what I typically do, and what I'm going to do today, is I'm going to mark documents for identification purposes only. www.di esassociates.com 20 ffT'472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Maaske, I'm going to do this fairly quickly. If you have any problems keeping up, please let me know because I do this fast. We have a lot of documents to deal with here. So I'm going to go through these and mark these relatively quickly. I know these are on CaseLines. I have already downloaded these onto my desktop so I can mark these specifically. But I'm going to mark the City's documents with numbers, and then have the Respondent's documents -- I know they have an awful lot of them for Zip Third. And then I have some for The Bank as well. I am going to mark the City's documents first with numbers, and then I'll move over to Respondent's documents after that. Now, I'm also utilizing the Bates numbers that are generated on CaseLines. Those Bates numbers are in red, and they are located in the upper -right and lower -right corners of the document. So I'm going to use that to help me with regard to identification. So if anyone, as I go through these -- if the attorneys see that I'm making some sort of misrepresentation or if I am identifying something incorrectly, please let me know. I will probably pull you in at times for clarification. Okay. So let's do this relatively quick. Let me get to my folder. www.di .esassociates.com 3 472.9882 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The first document I'm going to mark as Exhibit 1 -- I'm not marking the cover pages, just to let you know -- appears to be portions of the Temecula Municipal Code. This document is Bates Nos. A-2 through A-4, and appears to be Section 17.03.085. (Exhibit 1 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark as Exhibit 2, Temecula Municipal Code Section 17.03.010, and I'll mark that as Exhibit 2. And it is Bates marked A-6 through A-7. (Exhibit 2 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Next document, Exhibit 3, is a portion of the Temecula Municipal Code Section 17.03.090 and is Bates marked A-9 through A-10. I'll mark that as Exhibit 3. (Exhibit 3 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 4. It appears to be a Minor Conditional Use Permit Application. This document is Bates numbered A-12 through A-13. I'll mark that as Exhibit 4. (Exhibit 4 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Next document I will mark as Exhibit 5. It appears to be DH Resolution No. 08-001. This document is Bates marked A-15 www. difr_'iEPjfnesassociates . com 310.472.9882 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through A-27. I'll mark this as Exhibit 5. (Exhibit 5 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 6. This is a City of Temecula Minor Modification Application. This document is Bates numbered A-29 through A-30. I'll mark that as Exhibit 6. (Exhibit 6 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 7, it's a letter from the City of Temecula dated October 15, 2008. This document is Bates marked A-32 through A-38. I'll mark this as Exhibit 7. (Exhibit 7 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document is Exhibit 8, this is a Minor Modification Application for a Permit. It is Bates marked A-40 through A-42. I will mark that as Exhibit 8. (Exhibit 8 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 9, the letter from the City of Temecula dated February 28, 2012. This document is Bates numbered A-44 through A-49. I'll mark that as Exhibit 9. (Exhibit 9 was marked for identification.) www.di esassociates.com 3 .472.9882 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 10, are Administrative Citations from the City of Temecula. These documents are Bates numbered A-51 through A-85. Are those all citations, Ms. Petrusis? MS. PETRUSIS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I'll mark that all as Exhibit 10. (Exhibit 10 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 11, it appears to be civil penalty and notice order letters. These documents are Bates numbered A-87 through A-196, and that is a sizable document. Ms. Petrusis, are those citations or civil penalty letters? MS. PETRUSIS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll mark that all as Exhibit 11. (Exhibit 11 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 12 is a letter from the City of Temecula, and it is to Zip Third Investments. I don't see a date on this document, but the document is Bates numbered -- www.di" esassociates.com 3472.9882 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: August 20, 2021, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't see that date actually on the letter, but the letter itself -- MS. PETRUSIS: I'm sorry, your Honor. If you look at the footer at the bottom of the letter, that's how we know -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I see it now. All right. Well, the document is Bates numbered A-198, and appears to be dated August 20, 2021. I'll mark that as Exhibit 12. (Exhibit 12 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 13, is a May 19, 2022 letter. This document is Bates numbered A-200 and continues through A-234. Is that all of the same letter, Mr. Petrusis? MS. PETRUSIS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll mark that as Exhibit 13. (Exhibit 13 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next Exhibit 14 appears to be a letter dated July 8, 2022, and this letter -- I assume there's multiple letters here; correct? www . dig r_. ie j t .nesassociates . com 310.472.9882 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: There is one letter and it has enclosures. So the actual letter is July 8, 2022, and has enclosures which includes a letter. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Understood. This document is Bates numbered A-236 through A-271. All of that will be marked as Exhibit 14. (Exhibit 14 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 15 appears to be a flier for a summer party kickoff. This document is Bates numbered A-273. I'll mark that as Exhibit 15. (Exhibit 15 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Petrusis, do you have any further documents to mark? MS. PETRUSIS: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Now I'm going to skip over the Zip Third's documents here because I know they are fairly sizable. I'm going to move to The Bank's documents first. And I'm going to mark those first, and then I will mark Zip Third's documents. And, Mr. Callaway, I'm going to skip over the Notice of Filing. I'm not marking that. That simply is a filing of your exhibits and listing of the exhibits themselves. Okay? MR. CALLAWAY: Thank you. www. di Irlswesassociates.com 3107.472.9882 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And I'm going to mark these with letters. So the first document I'm going to mark -- and give me a second here. I have to do this manually. The first document I'm going to mark as Exhibit A, as in apple is a Minor Conditional Use Permit document. That document is Bates numbered D-4 through D-30. Is that all the same document, Mr. Callaway? MR. CALLAWAY: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll mark all that as Exhibit A, as in apple. (Exhibit A was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit B, as in boy, is a Minor Modification Application. And this document appears Bates numbered D-32 through D-49. (Exhibit B was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark is Exhibit C, as in cat. It is a Minor Modification Application. It is Bates numbered D-51 through D-64. I'll mark that as Exhibit C. (Exhibit C was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit D, as in dog, it is Bates numbered D-66 through D-107, an April 13, 2022, letter. www.diln'i9jTnesassociates.com 310.472.9882 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'll mark that as Exhibit D. (Exhibit D was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next exhibit I'll mark as Exhibit E, as in Elvis. This letter is dated April 18, 2022, and is Bates marked D-109 through D-147. I'll mark that as Exhibit E. (Exhibit E was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit F, as in Frank. It is Bates marked D-149 through D-183. It is a letter dated March 19, 2022. (Exhibit F was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit G appears to be e-mails, and these are Bates numbered D-185 through D-187. I'll mark that as Exhibit G. (Exhibit G was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit H, as in Harry. It is a set of e-mails. The document is Bates numbered D-189 through D-194. I'll mark that Exhibit H. (Exhibit H was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit I, also e-mails. This document is Bates D-196 through D-197. I'll mark that as www.di esassociates.com ffC'472.9882 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit I. (Exhibit I was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Next document I will mark as Exhibit J. This document is a Private Security Industries, PSI, Bureau of Security and Investigative Services document. It is Bates D-199, and it's a single -page document. I'll mark that as Exhibit J. (Exhibit J was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit K. It appears to be calls for service, as I understand it. And this document is Bates number D-200. I'll mark that as Exhibit K. (Exhibit K was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit L. This document appears to be more calls for service. It is Bates numbered D-201. I'll mark that as Exhibit L. (Exhibit L was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit M, as in Mary, is Bates numbered D-202, and appears to be more calls for service. (Exhibit M was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And the next document I will mark as Exhibit N, as in Nancy, also appears to be calls for service. This document is Bates www.di 9nesassociates.com 30.472.9882 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 numbered D-203. (Exhibit N was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit 0, as in Oscar. This document appears to be more calls for service. It is Bates numbered D-204. (Exhibit 0 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit P, is more calls for service. It is Bates marked D-205. (Exhibit P was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And the next document I will mark as Exhibit Q appears to be citation information or a compilation of information. This document appears to be Bates D-207 through D-242. (Exhibit Q was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, do you have any further documents to mark? MR. CALLAWAY: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Hold on just a second here. All right. Now I'm going to move over to Zip Third's documents here in just one moment. All right. I'm going to move over the Zip Third documents. These are voluminous. I'm going to actually start these documents with Bates numbered AA, BB, CC, www.dilrvtgbVnesassociates.com 30 3I0- 472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 double letters, just for clarity here. So let me get to these. Ms. Martyn, are you there? MS. MARTYN: I'm sorry, your Honor. I'm here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So Ms. Martyn, I'm going to try to do it fairly quickly and note they are a little bit more confusing the way they are put together. It might be beneficial to group documents together and not just keep all the tabs. I know we have 90 under your stacks. MS. MARTYN: I'm happy to group them if that will be helpful to you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I need them grouped logically because, you know, some documents are admissible one way or the other or not at all. I don't want to just dump things together. MS. MARTYN: I think we can do that, your Honor. I apologize. They are voluminous, but we were rushing to get them in. We overshared. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Let me step through these first. I'll go through these one by one, and I'll ask for assistance as I go through them with regard to groupings. Okay? MS. MARTYN: Okay. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The first www.di esassociates.com 3 .472.9882 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document I'm going to mark as Exhibit AA, appears to be a lease agreement or portions of a lease agreement. This document is Bates numbered B-1 through B-27. Is that the correct total document, Ms. Martyn? MS. MARTYN: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm marking that as AA. (Exhibit AA was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'm marking as BB, it is a Minor Conditional Use Permit Application. This document is Bates numbered B-28 through B-54. Is that correct, Ms. Martyn? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll mark that as Exhibit BB. (Exhibit BB was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit CC. This document is a Minor Modification Application. It is Bates numbered B-55 through B-72. I'm marking that as Exhibit CC. (Exhibit CC was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark is Exhibit DD. This document is a Minor Modification Permit Application. It is Bates www. difn_ lv`j fnesassociates . com 310.472.9882 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 numbered B-73 through B-86. I'm marking it was Exhibit DD. (Exhibit DD was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit EE. This document appears to be e-mails, and it is fairly voluminous. This is Bates numbered B-87 through B-232. Is that correct, Ms. Martyn? MS. MARTIN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. I'll mark that as Exhibit EE. (Exhibit EE was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit FF. This document is City of Temecula Final Conditions of Approval Permit document. It is Bates numbered B-233 through B-239. I'll mark that as Exhibit FF. (Exhibit FF was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit GG. This document is e-mail documents. It appears to be a single page. It is Bates numbered B-240. And, actually, before we do that, Ms. Martyn, I notice that there is a number of e-mail documents on the next few tabs. They appear to be identical, but different Bates numbers. Can you give some www.di esassociates.com 3 .472.9882 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clarification? MS. MARTYN: I think we can eliminate some of them if you would like to begin at the beginning. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Here's the problem with elimination, now that they are uploaded electronically, I can't easily delete these documents. My question for you is, if they are identical, I'm literally going to lump them into the same exhibit as they are sequential here, if possible. So the first one I have is B-240. Does this continue on? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: For how long? MS. MARTYN: Let me just take a look at my list. On my list, it shows as 0024 Exhibit C. It's a document from August 2nd, 2021. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I don't know what you're referencing. MS. MARTYN: Okay. So to read the ones that you can lump together, the one you just Bates numbered GG, that would include the next 17 entries. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So that would take me to what exhibit in CaseLines, or what tab? MS. MARTYN: Exhibit C-19.2021.08.08, Temecula www.di esassociates.com ffd-472.9882 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Code Violation. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So that is down to Bates number B-324; am I correct? MS. MARTYN: Yes, you are correct. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. And that's at tab 25 for anyone who is curious. MS. MARTYN: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So Exhibit GG includes a long series of e-mail documents. This document is Bates numbered B-240 all the way down to B-323. Am I correct? MS. MARTYN: Yes, ma'am. (Exhibit GG was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. The next document I will mark as Exhibit HH. It appears to be a Temecula Code Violation Form. It is Bates numbered B-324. And for those who are curious, that's at tab 25 in CaseLines. This is a single -page document. So I will mark that as B-324. Now, I note there are other code violation documents, Ms. Martyn, after this. Is it appropriate to lump this together? MS. MARTYN: Yes, it is, which would be tab 026 and tab 027. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You said 26 and 27? www.dilrvtgMesassociates.com 3472.9882 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. So that means Exhibit HH are a series of code violation documents. They are Bates numbered B-324 through B-327; am I correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. So that is all going to be marked as Exhibit HH. Let me write this down. Okay. (Exhibit HH was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit II. It is Bates numbered B-328. Now, these also appear to be a series of e-mails. Are these appropriate to lump together as well, Ms. Martyn? MS. MARTYN: Yes, they are appropriate to lump together. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And that would be to the next tab; am I correct? MS. MARTYN: The next tab it would include 0036 -- actually, yes it would include 0036. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So that goes down to B-376; am I correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So www.di Irlimesassociates.com U07.472.9882 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's fairly sizable. All right. So I will mark as Exhibit II a series of e-mail communications. These documents are Bates B-338 through B-376. (Exhibit II was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That takes us to the next documents in order. I will mark as Exhibit JJ, this document appears to be a letter dated May 5, 2022. It is a single -page document. Does it have attachments? MS. MARTYN: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: There is a proof of service. MS. MARTYN: Okay. Then there's two pages. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. This document is Bates numbered B-377 to B-378. I'm going to mark that as Exhibit JJ. (Exhibit JJ was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. The next document I will mark as Exhibit KK. This a letter dated May 19, 2022. Does this document have any attachments? It's fairly sizable. MS. MARTYN: Yes, there's a number of attachments. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: This is Bates numbered B-379 and continues on to B-413. We will www.di Irig Wesassociates.com 3472.9882 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mark that all as Exhibit KK. MS. MARTYN: Yes. (Exhibit KK was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Next document I will mark as Exhibit LL. This document appears to be an e-mail or a series of e-mails. It looks like it flows into more tabs. Ms. Martyn, can you give me some clarification? MS. MARTYN: Yes. It can include through tab 0042. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. In that case, which is a certified mail document. So this is a series of e-mails Bates numbered B-414 through B-429. And that's going to be marked as Exhibit LL. (Exhibit LL was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. The next document I will mark as Exhibit MM. MS. MARTYN: Your Honor, you can continue through tab 53. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. So this appear to be a list of code enforcement citations; am I correct? MS. MARTYN: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So the documents marked as MM is Bates numbered B-430 and www.di esassociates.com 3 .472.9882 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 continues on through -- MS. MARTYN: It includes and stops as 0053. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And that continues onto B-447; am I correct? (Exhibit MM was marked for identification.) MS. MARTYN: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. The next document I will mark as Exhibit NN, as in Nancy, Nancy. This document appears to be an e-mail, and it's Bates marked B-448. Does this continue on? MS. MARTYN: No, your Honor, it does not. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: It actually does for a few pages, from what I can see. MS. MARTYN: So we would include those pages and see if we can -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So these are attached to an e-mail? MS. MARTYN: Yes. So it would be through tab 11.1 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. So this document is Bates numbered B-448 through B-758. Is that correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That's a sizable document, B-448 to B-758 is going to be marked as www.diIri9nesassociates.com 3 0.472.9882 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in NN, as Nancy, Nancy, a series of citations. MS. MARTYN: Yes. (Exhibit NN was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark as Exhibit 00. All right. This document is a public records center document. Ms. Martyn, help me out here with regard to where this starts and ends. MS. MARTYN: It's generated by the City, and it is how they deliver public records request. So I believe that we can include most of these documents -- let me just look -- down to 0067. I'm sorry, your Honor. Let's go to 0063, and then the next grouping will be bankruptcy document. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to mark as Exhibit 00, record documents from the City of Temecula. These are Bates numbered B-759 through B -- and you said through what tab -- 63? MS. MARTYN: 0063. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So that is a civil order document, so that goes through B-768. MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All that will be marked as Exhibit 00. www.dilrvt esassociates.com 3 .472.9882 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Exhibit 00 was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document will be marked as Exhibit PP, and this is a motion to disregard the bankruptcy file; correct? MS. MARTYN: Yes, ma'am. So the bankruptcy documents are 0064 through 0068. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. So this document marked as Exhibit PP is Bates marked B-769 through B-811; is that correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. And those are all bankruptcy filings, and I'll mark that as Exhibit PP. (Exhibit PP was marked for identification.) MS. MARTYN: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. The next document I'll mark as Exhibit QQ. MS. MARTYN: It can include tab 69 and 70. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. This document appears to be a citation summary. It's Bates numbered B-812 and continues on to B-831. And I'll mark that as Exhibit QQ. (Exhibit QQ was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. The next document I will mark as Exhibit RR. www.dilrvtdtlttnesassociates.com 3 .472.9882 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: That would be the OAH order? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Right. This is an order to setting deadlines. And this also -- I'll just mark this document by itself. This document is Bates numbered B-832 through B-833. All right. (Exhibit RR was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document is Notice of Public Hearing. I'm going to mark that as Exhibit SS. And this document is Bates numbered B-834 through B-835. (Exhibit SS was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit TT. This document is a Minor Modification Permit Application. It is Bates numbered B-836 through B-849. And I'll mark that as Exhibit TT. (Exhibit TT was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit UU. It is an Air Commercial Real Estate Association Lease Agreement. This document is Bates numbered B-850 through B-876. And it is marked Exhibit UU. (Exhibit UU was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark is Exhibit VV. This document appears www.dilr*d*Anesassociates.com 3 0.472.9882 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be declarations in support of oppositions of a motion to dismiss in this matter. This document appears to be other findings, I'm assuming, as well, Ms. Martyn? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: This document is Bates numbered B-877 through B-958. And I'll mark that as Exhibit VV. (Exhibit VV was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit WW, and this document appears to be a filing in the US Bankruptcy Court. And this document is Bates numbered B-959 through B-971. MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. I'll mark that as Exhibit WW. (Exhibit WW was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit XX. This document appears to be a code enforcement document. It is a single -page document. MS. MARTYN: I believe so, yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: It's Bates numbered B-972. I'll mark that as Exhibit XX. (Exhibit XX was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next www.di esassociates.com 3 .472.9882 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 document I will mark as Exhibit YY, it appears to be e-mail documents, and it continues on; correct? MS. MARTYN: Yes, we can continue on -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think this just go B-973 to B-974; correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll mark that as Exhibit YY. (Exhibit YY was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark is Exhibit ZZ. This document appears to be portions of the Temecula Municipal Code; correct? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And it is Bates marked B-975 through B-978. And that is marked as Exhibit ZZ. (Exhibit ZZ was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And the next document I will mark as Exhibit AAA, it is Bates marked B-979 through B-1013, and it appears to be a letter dated May 19, 2022 with attachments. I'll mark that as AAA. (Exhibit AAA was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit BBB, and this document www.di esassociates.com iYF472.9882 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appears to be an e-mail document string. It is Bates numbered B-1014 to B-1022. And I'll mark that as BBB. (Exhibit BBB was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as CCC. Is that actually part of the previous document or no? MS. MARTYN: No, it's not. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. The next document I will mark as CCC, appears to be an envelope with service information. Is that a single -page document? MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. It is Bates marked B-1023. I'll mark that as Exhibit CCC. (Exhibit CCC was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I'll mark as Exhibit DDD, is a letter dated July 26, 2022, and it is Bates numbered B-1024 through B-1025. I'll mark that as Exhibit DDD. (Exhibit DDD was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit EEE. This document appears to be e-mail correspondence. It is Bates numbered B-1026 through B-1029. I'll mark that as Exhibit EEE. (Exhibit EEE was marked for identification.) www.difr_'i nesassociates.com 310.472.9882 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit FFF. This document appears to be a letter dated August 23, 2022, it is Bates numbered B-1030 through B-1031. I'll mark that as Exhibit FFF. (Exhibit FFF was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit GGG. This document appears to be a declaration in support of a motion for continuance. It is Bates numbered B-1032 through B-1038. I'll mark that as GGG. (Exhibit GGG was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit HHH. This document appears to be dismissal order, and it is Bates numbered B-1039 through B-1041. It is marked as HHH. (Exhibit HHH was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit III. All right. This document is Bates numbered B-1042 through B-1051, and it appears to be a declaration as well. MS. MARTYN: Yes. (Exhibit III was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: The next document I will mark as Exhibit JJJ. This document is an www. di Irlswesassociates.com 3 .472.9882 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e-mail string. It is Bates numbered B-1052 through B-1054. (Exhibit JJJ was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And what I hope is the last document, I will mark as Exhibit KKK. This document appears to be an e-mail string. It is Bates numbered B-1055 through B-1056; Is that correct? MS. MARTYN: It is correct. And I have a question regarding one other document. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sure. MS. MARTYN: Do I need to request that the pleadings filed with OAH be included with our exhibits, or are they already included in the record of the hearing? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You mean the pleadings filed? Typically, I do have those as an exhibit. But, Ms. Petrusis, did you include that as an exhibit in yours? MS. PETRUSIS: No, we didn't include documents filed with OAH. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Typically, I only do it if there's an accusation. I don't believe there's an actual accusation in this case; correct? MS. PETRUSIS: I'm so sorry, your Honor. I don't know what you mean by an accusation. www.dilrvtd*Clnesassociates.com 3Mr472.9882 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That's fine. I don't think there's a need in this case, Ms. Martyn or Ms. Petrusis, with regard to filing that. If I have it on file at OAH, I can consider it and I will do so. MS. MARTYN: Thank you for your patience, your Honor. I apologize. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sure. And, unfortunately, with the electronic issues, it makes things super special. So the last document I have marked for you is Exhibit KKK. MS. MARTYN: That is correct. Thank you. (Exhibit KKK was marked for identification.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Now, in that case, that will take us to what I consider to be opening statements. So I'm going to allow -- the City has the burden of proof in this case, as we all know, so I'm going to allow the City to have an opening. I will allow Mr. Callaway and Ms. Martyn to have an opening if they would like as well, and then the City can deal with bringing in her evidence with regard to witnesses. We will deal with documents accordingly as she chooses as well. When the City is done presenting her case, then I'll move over to Mr. Callaway and Ms. Martyn to present www.di esassociates.com 3472.9882 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their evidence as well, and that's how we will proceed. Ms. Petrusis, would you like to provide an opening statement? MS. PETRUSIS: Yes, your Honor. I have a short statement. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. OPENING STATEMENT MS. PETRUSIS: So this matter is regarding a Conditional Use Permit issued by the City of Temecula that permits The Bank restaurant to sell hard liquor and limited live entertainment subject to certain conditions of approval. The City will present witness testimony and exhibit evidence that demonstrates that the conditions of approval have been violated consistently for a year and a half. This evidence will show that the real property owner, Zip Third Investments, has been on notice of these violations since at least August 20, 2021. Specifically, the evidence will show that The Bank has consistently violated its permitted operating hours which are set forth in the conditions of approval. Additionally, the evidence will show that The Bank has violated the City's noise standards, and that there have been many crimes, assaults, fights, public www . di r_'itn^nesassociates . com 310.472.9882 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intoxication, and shootings that have occurred at or are connected with The Bank and how it's operated. A city code enforcement officer will testify that he has issued, by this point, as of today, at least 35 administrative citations, and at least 108 civil penalty letters. A civil penalty letter essentially carries a larger fine than an administrative citation. The code enforcement officer will testify The Bank is continuing to violate, and that it has not stopped violating. Additionally, a member of the Riverside Sheriff's Department, which provides law enforcement services for the City of Temecula, will testify about the crimes occurring at and associated with The Bank. The City will demonstrate that these violations that have been and are continuing to occur are violations of the conditions of approval for the CUP. Now under the Temecula Municipal Code, the City may revoke a CUP, and that process is set forth in Section 17.03.85, a copy of which is contained in City's Exhibit 1. The process begins with a notification letter from the planning director explaining why he is recommending that the permit be revoked. The City will present evidence that both the real property owner and the owner and operator of the restaurant, The Bank, were sent www.di esassociates.com 50 3I0:472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this notification letter. City witnesses will testify that the violations have continued since the notification letter was sent. The next step is that a public hearing is held before OAH, this proceeding, to determine whether there are grounds to revoke the Conditional Use Permit. One of the grounds that the City believes it will demonstrate in this hearing is that the use here, a restaurant, is operating in a manner that is inconsistent with any of the conditions of approval. And then the next step is that the hearing officer, your Honor, will render a decision and make written findings of fact and law in support of that decision. This written decision is automatically sent to the City's planning commission by its municipal code, and the planning commission shall hold a hearing to review the Hearing Officer's decision, and make a determination on whether the CUP, Conditional Use Permit, should be revoked. The bottom line is that the City's request in this proceeding is that the Hearing Officer decide that the CUP be revoked. Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Just one moment. Mr. Callaway? www.di esassociates.com 3I .472.9882 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CALLAWAY: Good morning, your Honor. Thank you. OPENING STATEMENT MR. CALLAWAY: We believe the evidence is going to show that based on both written evidence and testimony that will be presented today, that there was a Condition Use Permit issued to The Bank that was applied for by Craig Puma in 2007, and that, basically, took him to a full liquor license. We believe the evidence will also show there was a modification in 2008 to that CUP. That modification extended the previous operating hours to 2:00 a.m. at the discretion of the manager of the restaurant. In 2012, the evidence will show there's an additional application for another modification of the 2007 CUP. That modification was a request for live entertainment. That CUP was granted. We believe the evidence is going to show that the 2008 modification was not superseded by the 2012. That since 2008, and since 2012, up to the present, the evidence will show that The Bank has been able to operate up to 2:00 a.m. at the manager's discretion. Of the violations and citations mentioned, the overwhelming majority, probably in excess of 95 percent, are based on allegations from the City that The Bank www.difr_'iejfnesassociates.com 310.472.9882 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 violated the CUP both in operating hours and serving alcohol after hours that were allowed. Again, we believe the evidence will show that was not done. They continue to operate within the parameters of the initial CUP of 2007, as well as the modifications in 2008 and 2012. As to allegations that The Bank has operated in a manner involving crime and incidents there, we believe the evidence will show that a significant number of instances attributed to The Bank are not related to The Bank, and that they have, at all times, run a respectable establishment within the parameters of the CUP and the two modifications. And based on such, we are going to ask that your Honor deny the application for a revocation of the CUP and modifications. Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Callaway. Give me just one moment here. All right. Ms. Martyn? MS. MARTYN: Thank you, your Honor. OPENING STATEMENT MS. MARTYN: As you know from reading the Temecula Code Sections cited in 17.03.8.85, you, your Honor, have the discretion to revoke the CUP or to modify it or impose conditions or to find that revocation is not www.di 1 esassociates.com 3I .472.9882 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City's case except in one important aspect. Because the property owner has a vested CUP, the level of notice that is required has not been met by the City. While it is true that some letters may have been received as copies, they were not served, so there hasn't been sufficient notice to the property owner to justify taking away a valuable CUP because of the tenant's violations. Mr. Solomon will be testifying as to what he received and what he didn't receive and then his eventual conversation in July with Ms. Petrusis which put him on notice. We would also argue that although I know the municipal code provides for 45 days of notice, because of the special circumstance with a federal bankruptcy here, since CNC Puma Corporation, until last Tuesday, had been in Chapter 11 bankruptcy, that it would be very difficult to meet those time frames and still comply with the bankruptcy court requirements to lift the automatic stay which would lead to eviction. It is our position that the CUP does not need to be revoked to solve this problem, and in fact, it can be solved if the property owner is allowed to continue with the eviction process. Mr. Solomon and, if necessary, bankruptcy counsel, is available to testify as to that. www.di esassociates.com 54 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Thank you, Ms. Martyn. All right. With that, Ms. Petrusis, it would be your opportunity to bring your first witness. However, I think it might be a good time for quick break. We have been going about an hour and 15 minutes. I think we will take just a 10-minute break here before you take your first witness, Ms. Petrusis, if that's okay with you? MS. PETRUSIS: Of course, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And so what I'm going to do -- just to let everyone know, I'm not disconnecting this Zoom conference during the breaks. I'm keeping everything connected. I am simply going to turn off my microphone and camera and pop back on and we will continue. And I know this is a little bit challenging in the sense that I have people joining and leaving the meeting, and I have to manually bring them into the meeting. So if that happens -- if you notice someone is out there as I'm busy taking my notes or listening to you, I also have to pay attention to them as well. I'm going to pause the recording and we will take a break. It's 10:13. We will pop back on at 10:23, and we will continue. (There was a pause in the proceedings.) www. . difn-' %'T-i nesassociates . com 310.472.9882 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We are back on after the break. Ms. Petrusis, your first witness. MS. PETRUSIS: Thank you, your Honor. The City would like to call Luke Watson. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Watson, are you there? MR. WATSON: Yes, your Honor, I'm here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Watson, I am going to place you under oath. Could you please raise your right hand? LUKE WATSON, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You can put your hand down. Would you please state and spell your full name for me? THE WITNESS: My name is Luke Watson, L-U-K-E, W-A-T-S-O-N. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Watson. www.di IrIftwesassociates.com 3I9_.472 . 9882 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Petrusis. MS. PETRUSIS: Thank you, your Honor. DIRECT EXAMINATION BY MS. PETRUSIS: Q Mr. Watson, where are you currently employed? A The City of Temecula. Q And what is your current position or positions at the City of Temecula? A Current position is deputy city manager, which also includes the responsibility and roles of the community development director and planning director. Q So if I understand you correctly, you are also the planning director for the City of Temecula? A That is correct. Q How long have you had that position as planning director? A Since 2015, so seven -plus years. Q Can you walk us through your work history at the City of Temecula, beginning when you joined employment with the City? A Yes, so I joined employment in 2006. I filled various positions within the organization in the redevelopment agency, the planning department, all the way from entry level at management assistant, management www.di esassociates.com 3472.9882 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 analyst, senior planner -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Watson, I apologize. This is Judge Nye -Perkins. I want to slow you down a little bit. A quick little note, and I said it to everyone earlier. I am taking my own notes here, as you can hear from me typing furiously. You are going too fast for me. I want to slow you down just a little. So at entry level, what were your positions? THE WITNESS: Management assistant, management analyst, senior planner, and then community development director, which is also the planning director, and then deputy city manager. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you. BY MS. PETRUSIS: Q Okay. So you have been employed with the City of Temecula since 2006; correct? A That is correct. Q And how long have you been the deputy city manager? A For one year -- a little over one year. Q Okay. And can you just generally describe your responsibilities and work duties in your position as deputy city manager and as planning director? A Right. So as deputy city manager, that carries www.di esassociates.com 3 .472.9882 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 responsibilities for -- along with the city manager and assistant city manager, for the administration of the entire organization. So that's the full gamut of operations of the City. And then, more specifically, the planning director and community development director role is responsible for the planning department and responsible for code enforcement, building and safety, housing, and a number of other miscellaneous responsibilities for the City. Q Okay. Thank you. I'd like to turn now to explaining Conditional Use Permits and the associated processes. So let's first begin with what is a Conditional Use Permit? A So the Conditional Use Permit is kind of exactly what it sounds like. It is a special permit that needs to be acquired for a commercial use that carries with it conditions of approval. So by contrast, a by -right approval is something that does not need a Conditional Use Permit. So for instance, a restaurant that is properly zoned and wants to serve beer and wine does not need a Conditional Use Permit. But a restaurant that is properly zoned that wants to add a Type 47 liquor license and have full liquor, requires a Conditional Use Permit. The reason there is -- and it's not just that www.diIrl9nesassociates.com 59 310.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 example, there are others -- drive-thru restaurants. There's a whole list in the code of uses that have the potential for specific impacts that need to be addressed for the individual business or site. So that's why we have the conditional use process so we can address those specific potential impacts of the business through mutual negotiations with the applicant and the City prior to the approval. Q Okay. Now you mentioned conditions of approval. What are conditions of approval, generally? A Yes. So conditions of approval are the specific requirements that the City has placed on a commercial use whether it be hours of operation, how the site is laid out, entertainment parameters, anything to kind of mitigate the potential impacts of that specific use. So it's a way of administering or controlling, in a way, the potential for those impacts to occur through the use of that business. MS. MARTYN: Your Honor, I apologize. Could you let Mr. Solomon into the meeting again, please? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't see him. MS. MARTYN: I just got a text. He is waiting for the host to let him in. MS. PETRUSIS: I see him on the screen though. www.di esassociates.com 60 310_472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think he's there. MS. MARTYN: Okay. Thank you. I apologize, Mr. Watson. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No problem. Ms. Petrusis. MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q So were you finished with your answer on what are conditions of approval, Mr. Watson? A I was, yes. Q Okay. So now I'd like you to generally explain the Conditional Use Permit. And, you know, I'm going to also refer to it as a CUP. MS. PETRUSIS: Your Honor, please let me know if you don't want me to use that acronym. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: It's fine. BY MS. PETRUSIS: Q So the CUP application process. So if a business needs a CUP -- wants a CUP, what does that application process look like? A The applicant fills out an application and meets with City staff and submits that application, pays the fees associated with the CUP, and then there would be some www.di esassociates.com 3 .472.9882 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 time, a few weeks of going back and forth with the applicant and staff and all of the relevant departments of the city, to work through what specific conditions need to be addressed in the permit. That is a back and forth. Usually it is very collaborative with the applicant to get to where the condition needs to be. And the applicant would then agree to those conditions, and then the application would be moved forward to -- at a minimum, a director's hearing, and requires a public hearing for the initial CUP to be approved. Q Okay. And during that initial CUP process, is there an opportunity for the applicants to challenge the conditions of approval? A Yes, there is prior to the hearing -- the initial hearing. That is, like I said, a back and forth. Usually -- typically, it's very collaborative, and we work with the applicant whatever needs to be worked through to get to the conditions. If they are still not satisfied with the conditions that the City is requiring, then they have the opportunity at the hearing to challenge those conditions. And if the conditions -- if they are still unsatisfied with the conditions, after the approval at the hearing, they have the ability to appeal that decision within 15 www . di r_ IiUj,fnesassociates . com 62 310.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 days of the date of approval. Q And is that 15-day deadline set out in municipal code anywhere? A It is. Q And do you happen to know the section number -- or I can suggest to you the section number? A I don't have it memorized. Q I think it's Section 17.03.090, but I'll let you decide if you agree with that, though. A That is correct. MS. PETRUSIS: Okay. Your Honor, I don't know how much of a foundation you need me to lay for the City's exhibits which are copies of municipal code sections. I can ask Mr. Watson -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I can take official notice of code sections if there's no objection. I really don't need any foundation for that -- for code sections specifically. MS. PETRUSIS: So then do we move the exhibits into evidence after the proceeding or -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You can do it as you go along. I prefer as you go along so I can remember what kind of foundation you have had. That's my preference. MS. PETRUSIS: Okay. www.di esassociates.com 3 .472.9882 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Do you want to move some now? MS. PETRUSIS: Yes, I would like to move into evidence the City's Exhibits 1, 2, and 3. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I can take official notice of those unless there's any objections? Hearing none, I'll take official notice of those exhibits 1, 2, and 3. (Exhibits 1, 2, and 3 were received in evidence.) MS. PETRUSIS: Thank you, your Honor. BY MS. PETRUSIS: Q Okay. Turning now to the modification process. Does the City have a process that provides that a CUP holder can modify a CUP? A We do. You can file a modification application with the City and work through -- it's a very similar process to the original CUP process in terms of how that goes with staff; although, the minor modification does not require a public hearing. And the major modification, if that's the application, could require -- it doesn't have to, but it could. So there is a process for that. Q Okay. And for the minor modification, if it doesn't go to public hearing, who makes the decision on whether to grant an application for a minor modification of a CUP? www.di esassociates.com 3 .472.9882 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That's an administrative approval, so staff level. Q Okay. Now, I'd like to turn to the specific CUP at issue in this matter. I'll start with just asking you some questions about the history of the CUP in this matter. So can you confirm for us that a CUP was applied for by Craig Puma, and that is at issue in this matter? A Yes, the original Conditional Use Permit was applied for in 2007 as PA07-0314. Q Okay. When did the City receive that application? A November 7, 2007. Q And who was the applicant on that application? A Craig Puma. MS. PETRUSIS: Now, your Honor, I was going to ask the witness some questions specifically about Exhibit 4. Do I need to share my screen, or how do we share exhibits? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. So there's a number of ways we can do this. If the witnesses all have access to CaseLines, they can access it themselves, or if they have hard -copy documents -- whatever is easiest for him. I'm not sure what access Mr. Watson has to the documents right now, if it's through CaseLines or otherwise. But if it's through CaseLines, he www.di r_'i nesassociates.com 310.472.9882 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can pull it up himself. I can direct him to it through CaseLines, but we don't all need to have it shared on the screen. MS. PETRUSIS: Okay. I believe Mr. Watson has a hard copy. BY MS. PETRUSIS: Q Can you confirm that? A That is correct. Q So then I would like you to put in front of you Exhibit 4, and that's going to be Bates numbered 12. Can you describe to us what this document is? A This is the Minor Conditional Use Permit. This is PA07-0314, the original CUP application to upgrade a Type 41 license to a Type 47. Q And so as far as you can tell, these -- so Exhibit 4 is only two pages. This is just the application form; isn't that right? A Yes, this is just the cover application form. Q Okay. And do you believe it to be a true and correct copy of the application form submitted by Craig Puma of CNC Puma Corporation? A I do. Q So I think you mentioned this earlier, but according to this application, what was the applicant specifically requesting by way of a CUP? www.di IrIlwesassociates.com 3 .472.9882 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A To upgrade their liquor license to the Type 47, which is a full liquor license, beer, wine, and distilled spirits. Q Just to be clear, what is a Type 41 license? A Type 41 is beer and wine at a restaurant. Q Thank you. And so a Type 47 liquor license allows them to then sell distilled spirits in addition to beer and wine? A That is correct. Q If a restaurant does not have a Type 47 liquor license, can they lawfully sell distilled spirits in the City of Temecula? A No. Q Did the City grant this application, specifically, 07-0314? A The City did grant this application. Q Okay. And what was the process of granting the application specific to this application? A Because it was a Conditional Use Permit and not a modification of the Conditional Use Permit, it was required to go to a public hearing, so a director's hearing. MS. PETRUSIS: Okay. Before I move on then, your Honor, I'd like to move into evidence City's Exhibit 4. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any www.di r_'i esassociates.com 310.472.9882 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 objection? Hearing none, Exhibit 4 is admitted. (Exhibit 4 was received in evidence.) BY MS. PETRUSIS: Q When did the City grant Application 07-0314? A Public hearing -- the director's hearing on January 3, 2008. Q And now I would like you to look at the City's Exhibit 5, which begins Bates number 15. Let me know when you have that ready. A I have it. Q Okay. Can you describe what this document is? A This is the director's hearing resolution outlining the approval and the decision of the director's hearing, and includes the final conditions of approval. Q Okay. And just to be clear, this is for Application No. PA07-0314; correct? A That is correct. Q Do you believe that this exhibit, Exhibit No. 5, is a true and correct copy of the resolution? A I do. Q And the conditions of approval are included in the resolution; correct? A That is right. MS. PETRUSIS: Okay. Your Honor, I'd like to www.di esassociates.com 3472.9882 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 move into evidence City's Exhibit No. 5. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections to the admission of Exhibit 5? Hearing none, Exhibit 5 is admitted. (Exhibit 5 was received in evidence.) BY MS. PETRUSIS: Q Mr. Watson, I'd like you to look at Condition of Approval, No. 13. And I believe that is on page 24. A Okay. Q What does Condition of Approval No. 13 relate to? A This is the parameters for the hours of operation for The Bank. Q Okay. So please help us understand. So the CUP application is granted subject to these permitted hours -- permitted operating hours. Did I state that correct? A That's right. So these were the agreed -upon hours of operation by both the City and the applicant. Q And can you let us know what those permitted operating hours are pursuant to this Condition of Approval No. 13? A Would you like me to read it? Q Yes, please. A "Condition 13: Regular hours of operation shall be as follows: Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, www.diIrl9nesassociates.com 30.472.9882 69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8:00 a.m. to 11:00 p.m.; and Sunday, 8:00 a.m. to 10:00 p.m. On holidays, including Cinco de Mayo, the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale of alcohol shall cease at 11:00 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to the sale, service, and consumption, the consumption of alcohol shall cease no later than one hour after closing, as amended at director's hearing on 01/03/08." Q Okay. I'd like you to go to page 19 of the same document, Exhibit 5. Can you describe what this particular page is? A This page is the Acceptance of the Conditions of Approval document. Q Okay. Who was it that appears that signed this document? A It appears to be Craig Puma. Q And what's your understanding of who Craig Puma was regarding this CUP? A That he was the applicant and owner of The Bank. Q Okay. And when was it signed? A January 16, 2008. Q Okay. Therefore, with this approved CUP, The Bank could now sell distilled spirits subject to the www.di esassociates.com 70 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditions of approval contained in Exhibit 5. Did I state that correctly? A Yes, that is correct. Q Did Mr. Puma ever apply to modify this CUP? A He did. Q How many times? A Twice. Q Okay. So let's first start with the first one. When was the first application to modify the CUP? A The application to modify the CUP was October 9, IN 11: Q So I'd like you to look at the City's Exhibit No. 6, which begins at Bates number 29. Is this the two -page application form for the first application to modify the CUP? A It is. Q And do you believe it to be a true and correct copy of the application form received by the City from Mr. Puma? A I do. Q How can you tell that Mr. Puma was the one who submitted this application? A Because his name is on it, and it appears to have his signature. Q And when you say "his name is on it," is that www.di esassociates.com 3 .472.9882 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bates number page 30? A Yes. MS. PETRUSIS: Your Honor, I'd like to move Exhibit No. 6 into evidence. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 6 is admitted. (Exhibit 6 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q According to the application, why was Mr. Puma applying for a minor modification? A The request was to extend the hours of service to 2:00 a.m. Q And what was the outcome of Mr. Puma's application for this minor modification? A It was administratively approved. Q Do you happen to know when? A The approval letter is October 15, 2008. Q Okay. Did the City impose conditions of approval as part of its granting the application for the minor modification? A Yes. Q I'd like you to look at an exhibit, City's Exhibit No. 7, which is Bates numbered 32. www. di�nesassociates . com �rr� 3Z0.472.9882 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. Q Is this the document that notified Mr. Puma that the City had approved his request to modify the CUP? A It is. Q And does this document also contain the conditions of approval for that CUP? A It does. Q Do you believe that this Exhibit No. 7 -- I apologize if I already asked this. Is this a true and correct copy of the City's letter including the conditions of approval? A I do believe it to be true and correct. MS. PETRUSIS: Your Honor, I'd like to move Exhibit 7 into evidence. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 7 is admitted. (Exhibit 7 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q According to these final conditions of approval -- and I should start by saying, where in the document do the conditions of approval begin? Can you tell us the Bates number in Exhibit 7? A You are asking me; right? www.di esassociates.com 3 .472.9882 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Yes. A Okay. Where the conditions begin? Q Right. A What appears to be page 36. Q Okay. And is there a condition of approval that addresses permitted operating hours? A Yes, there are two. Q And which are those? A They are Conditions 13 and 14. Q Okay. And can you please read to us the Conditions of Approval No. 13? A Okay. So 13 is "Regular hours of operation shall be as follows: Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, 8:00 a.m. to 11:00 p.m.; and Sunday, 8:00 a.m. to 10:00 p.m." Q Okay. And then can you also read to us Condition Approval No. 14? A Okay. "In the case that the restaurant manager would like to stay open past the regular hours of operation stated above, he or she may be permitted to stay open until 2:00 a.m. When this occurs, alcoholic beverages may be served until 2:00 a.m. as consistent with the provisions of California state law." Q Okay. So with this approved minor modification www.di esassociates.com 3472.9882 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the Conditional Use Permit, was the effect that The Bank now had different allowed operating hours? A It did. Q And just to be clear, how many CUPS are we talking about? A There's only one CUP. Q So far, as described, it had been modified once; correct? A That is correct. Q Thank you. So now let's turn to the second modification. When was the application for the second modification submitted to the City? A February 2, 2012. Q And I'd like you to take a look at City's Exhibit No. 8 which is Bates number 40. A Okay. Q Is this -- it contains three pages, but is this the application form that was submitted for the second requested minor modification? A It is. Q Can you describe this document? I see that there's -- something stuck out, and maybe you can explain that. A Yes. I think the applicant just picked up the wrong application. They picked up a Conditional or www. difn'imr7nesassociates.com 310.472.9882 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Temporary Use Permit Application, which they should have picked up the Minor Modification Application. Fair enough mistake. Staff recognized that, crossed it out, retitled it "Minor Modification," and it's signed by one of our staff members on February 27, 2012, and we accepted it as a minor modification. No need for the applicant to go through the trouble of filling out another piece of paper. Q Okay. I see that on page 41 -- there's also 42. It appears that page 42 doesn't have certain information included in what that page 41 has. Do you see that? A Yes. Q And what is that information as you understand it to be? A The missing information is the property owner's name and then the owner's signature. Q But page 41 has that complete information? A It does. Q So do you, then, believe that Exhibit 8 is a true and correct copy of the application form received by the City? A I do. MS. PETRUSIS: Okay. Your Honor, I'd like to move into evidence Exhibit No. 8. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? www.di Irlowesassociates.com 3Z0:472.9882 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hearing none, Exhibit 8 is admitted. (Exhibit 8 was received in evidence.) BY MS. PETRUSIS: Q Mr. Watson, according to the application, what was the purpose of requesting the minor modification? A The request on the application is the addition of a one -person musical addition inside for background music, daily from noon to 10:00. Q Can you tell who submitted this application to the City? A Craig Puma. Q And how can you tell? A His name is on the application. Q And is that on page 41? A Yes. Q And what was the outcome of this application? A This application was administratively approved. Q Do you know when it was approved? A February 28, 2012. Q And I'd like you to look at City's Exhibit No. 9. Can you describe what this document is? A This is the approval letter for the application we spoke of, and it also includes the updated final conditions of approval. Q Okay. And do you believe that this is a true and www.di Irifowesassociates.com 3472.9882 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct copy of the City's February 28, 2012 letter, including the final conditions of approval? A I do. MS. PETRUSIS: Your Honor, I'd like to move into evidence City's Exhibit No. 9. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 9 is admitted. (Exhibit 9 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q According to the conditions of approval, what were the allowed operating hours? And I can direct you to page 46 if that is helpful. A Yes. So it's Condition of approval No. 12 -- and I'll go ahead and read it. Q Thank you. A "Regular hours of operation shall be as follows: Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, 8:00 a.m. to 11:00 p.m.; and Sunday, 8:00 a.m. to 10:00 p.m. On holidays, including Cinco de Mayo, the facility shall be permitted to close at midnight. The sale of alcoholic beverages shall cease at 10:00 p.m. Monday through Thursday and Sunday. The sale www.di esassociates.com ff 472.9882 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of alcohol shall cease at 11:00 p.m. on Fridays and Saturdays. To distinguish between ABC requirements related to the sale, service, and consumption, the consumption of alcohol shall cease no later than one hour after closing, as amended at director's hearing 01/03/08." Q So is it correct to say that the operating hours changed, then, by way of these conditions of approval? A That is correct. Q Or I should say the permitted operating hours changed? A That's right, they changed. Q And just to be clear, how many CUPS are we still talking about? A One CUP that has now been modified twice. Q And do the conditions of approval for the second modification, the second granted modification, supercede the previous conditions of approval? A They do. Q Did the City ever receive an appeal regarding the conditions of approval that were part of the second modification to the CUP? A The City did not. Q When was the deadline to appeal the condition of approval? A 15 days from February 28, 2012. www.di 4nesassociates.com 30.472.9882 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Have there been any other modifications to the CUP since 2012? A There have not. Q So are the current permitted operating hours for The Bank, those that are set forth in the conditions of approval for application No. 27-0041? A They are. Q Okay. Switching gears a little bit. I would now like to talk about the city, Old Town Temecula. So first of all, where is The Bank restaurant generally located? A So The Bank restaurant is located in what we refer to in Temecula as Old Town, which is really Temecula's downtown area. It's located at the intersection of Front Street and Main Street. To give you a sense, it is literally the center of town. It's at the corner of Main Street and Front Street. It is the premier commercial intersection in the entire city. It's half of a block away from City Hall. You can stand on the doorstep of City Hall and look right into the front door of The Bank. So it's generally located in an extremely prominent location, a marquee premier location right at the center of Old Town. Q And you mentioned Old Town -- and this might be a silly question, but why do we call it Old Town? A Old Town is historic district. It has its roots www.di esassociates.com 3472.9882 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 back to the 1800s, so that's why it's called Old Town. It's been called Old Town probably before it was old. But we call it Old Town but it's really Temecula's downtown. Q And can you generally describe the character of this particular area of Temecula, this Old Town area of Temecula? A Yes. It's not very big. It's six blocks by about two blocks. It is a mixed -use environment. The typical gridded streets. It's very walkable. There's restaurants, offices, and some residential. It is a tourist destination. It is a resident destination. I believe last count was 24 restaurants in the small area. It is the seed of the City Government, Civic Center and City Hall are here. All of the cultural facilities -- the theater, the history museum, the historical sites are located here. It serves as the primary location for city special events. And it is commercial hub -- entertainment hub for the city. The recreation hub for the city. We refer to it as the Heart of the City. All civic activity -- if there is going to be a civic event, it is going to be in Old Town. It is incredibly important to the community's character and culture. Q And City Hall is also -- would you consider that part of the Old Town area? www.di esassociates.com 3 .472.9882 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Absolutely. Q Now turning to the reason why we are having this hearing. First, I would like you to look at City's Exhibit 13, and that -- let me just skip over to that. That will begin at page 200. A Okay. Q Is Exhibit 13 a true and correct copy of a letter that you sent on or about May 19, 2022? A It is. Q What is the purpose of that letter in the City's Exhibit 13? A So the code requires that in order to begin the revocation process, the planning director has to issue this notification letter to the parties involved outlining the reasons why and, that, ultimately, the City is moving to revoke their CUP. MS. PETRUSIS: Your Honor, I'd like to move into evidence Exhibit No. 13 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objection? Hearing none, Exhibit 13 is admitted. (Exhibit 13 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q Do you know if the notification letter was www. difr_'i('jfnesassociates . com 310.472.9882 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 actually sent to the individuals listed as addressees and CCs on this letter? A To my knowledge, they were sent to all. Q Can you list for us the entities or individuals to whom this notification letter was sent? A So CNC Puma Corporation, Craig Puma, Amanda Moore. Those are the front. And then the CCs as well? Q Yes, please. A So the CCs are also Zip Third Investments LLC, attention Norm Solomon, and then Maureen Licata. Q Starting first with CNC Puma Corporation. What is your understanding of the role of CNC Puma Corporation as it relates to this revocation matter? A They're part of the ownership of the restaurant -- The Bank restaurant. Q And what is your understanding of what Craig Puma's role is? A A member of the ownership of the restaurant, The Bank. Q What about Amanda Moore's role? A It's not entirely clear. I believe she's a member of the ownership, but also the management of the restaurant -- daily management as well. Q What is your understanding of the role of Zip Third Investments LLC? www.di esassociates.com 83 3 .472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That is the real property owner. Q And regarding Zip Third Investments, which address was your May 2022 letter originally sent to? A It was 28645 Old Town Front Street. Q Is that the address of where The Bank operates? A Yes. Q So that's the actual address of restaurant; correct? A That is correct. Q Do you know if the May 2002 letter was ever sent to Zip Third Investments at a different address? A I do. Q And then how do you know that? A Because I saw it, and I know that we sent it. Q Okay. Well, let me ask a better question. I'd like to turn to Exhibit 14, and that begins at page 236. Can you describe what this document is? A This is a letter from you, Jennifer Petrusis, to Mr. Solomon, and it's a notice pursuant to the code that the planning director has recommended that the Conditional Use Permit be revoked. Q Okay. And what is the address for Mr. Solomon on this letter? A It's 3055 Wilshire Boulevard No. 1010, Los Angeles, California 90010. www.di esassociates.com ff 472.9882 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And is your May 19, 2022 letter included as an enclosure with this July 8, 2022, letter? A It is. MS. PETRUSIS: Your Honor, I'd like to move into evidence Exhibit No. 14, please. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 14 is admitted. (Exhibit 14 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q So please describe for us why you are recommending that the CUP be revoked? A Well, a couple of reasons. First, the consistent and ongoing violation of the hours of operation of over more than a year, numerous violations of the City's noise ordinance, which is also a violation of the conditions of approval, and then, lastly, or generally, a pattern of numerous assaults and batteries, public intoxication, and other disorderly conduct as well as serious violent crime that has been associated with and taken place on the premises. Q So let's first start with that first category, the hours of operations violations. How did the City first become aware that it believed The Bank was violating www . di r_�li(a j t .nesassociates . com 310.472.9882 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 its permitted operating hours? A I was made aware by the police department and code enforcement. Q Do you remember about when you were made aware of that? A Summer of 2021, in about that time frame. Q Okay. And what did the City do when they learned that there could be an hours of operation violation at The Bank? A What the City always does in terms of code enforcement -- we have a very well-worn philosophy for code enforcement, and that is that we are not there to cite or take a heavy hand. We first talk with the owners -- talk with the business owners and try to educate them and make sure that we are all understanding what the rules are and what the conditions are and work collaboratively to begin with. That is certainly what took place here with the code team, with the police department, as well as numerous other members of the fire department as well as building and safety. So that was what we did first. And then, of course, we don't move directly to citations. There's a number of weeks that go by. We are looking for voluntary compliance, and if we don't get it, then we issue notice of violations. www.di esassociates.com 3472.9882 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 These are not citations. These are just official notices that the City is documenting the violations of the code or your conditions. And that will typically go on for some time as we are trying to work with them and be business friendly to get them to come into compliance with the conditions of approval and code. And if that doesn't work, then we move to administrative citations, which are citations, but they are of lower amount -- $50.00, $150.00, $250.00 is the escalation on those. That will go on, again, for some time as we work to gain compliance. And if that doesn't work, civil penalties, which is up to a thousand dollars per violation per day, a maximum of a thousand per day, I believe. And that's, essentially, what we have had to do, and it's been ongoing for well over a year now. Q And are you aware of a letter that code enforcement sent to Zip Third Investments in August of 2021? A Umm... Q I can point you to the exhibit if that's helpful. It's the City's Exhibit 12. A Yes, this is from Tom Cole, our code enforcement supervisor. Q Okay. And according to this letter in www. difr_'O'J esassociates . com 310.472.9882 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit 12, who was the letter -- what was the letter -- I'm sorry. Who was the letter addressed to? A It was addressed to Zip Third Investments LLC. Q And according to the letter, what is the address that was used on the letter? A 3055 Wilshire Boulevard Suite 1010, Los Angeles, California 90010. Q And according to the letter, was it sent to any particular person's attention? A It was sent to Norman S. Solomon's attention. Q Okay. As far as you know, has The Bank complied with the permit hours of operation since the City first started its enforcement action? A Not to my knowledge, no. Q And just to be clear, when I'm talking about the enforcement action, let's use as the City actually sending out administrative citations. So has The Bank complied with its permitted hours of operation since the City issued citations? A Not to my knowledge, no. Q Has Mr. Puma or anyone associated with The Bank submitted an application to modify the hours of operation? A No. Q Or at least not since the previous minor modification applications you previously testified about? www.di esassociates.com W472.9882 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That is correct. Q Has anyone from Zip Third or associated with Zip Third submitted an application to modify the hours of operation? A No. Q Why do you believe that the hours violations support revoking the CUP? A Well, I mean, as I stated earlier, the conditions of approval are set in a specific way to mitigate the potential negative impacts of the use. I think we can all understand that alcohol, specifically hard alcohol, brings with it potentially negative impacts, particularly as the night goes on. So the hours are set specifically to mitigate that. Much of the activity -- the negative activity, the criminal activity, the fights, the drunkenness, things of this nature, have taken place after the business was supposed to be closed per the conditions of approval. And this has been a pattern that has gone on for well over a year. And that's really kind of the matter here is much, not all, but much of the problems that the City is experiencing and the community is experiencing is happening after the business is technically supposed to be closed. So that's why I think that those are egregious violations that need to be addressed. And that's why I www.di nesassociates.com 89 09 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think they support revocation. Q And how do you know about the criminal activities, the effects on the neighborhood, why these are happening -- or how these are happening after the permitted operating hours? How do you know this information that you just testified about? A So starting way back, probably, late 2020, the City established what is called the Metro Team in order to effectively enforce our entertainment district. The City set aside ten officers, specifically sheriff officers, to have a beat in Old Town and only Old Town. That was followed, shortly after that, after violations were starting to get noticed, with what was called the Metro -Plus Team, which includes code enforcement, building safety, and fire inspection personnel. So that team, all week long, particularly the weekend, nighttimes, does what we call "arch -to -arch sweeps" at the north entrance and south entrance of Old Town. That's what we call "arch to arch." They go through and sweep the entire area, visit all of the businesses, and are looking for specific code violations and condition of approval violations that have produced voluminous information about activities in Old Town, and that's where I have received all of that information. That includes the Metro -Plus Team which www.di esassociates.com 90 IIZO- 472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 includes all of those groups, and they report back on a weekly basis. Q Okay. And is your opinion that under the Temecula Municipal Code -- and I'll refer you specifically to Section 17.03.085, which is City's Exhibit 1 -- but it authorized revocation of the CUP in this matter? A It does. Q Now, turning now to the noise violations. Can you generally describe what you meant about the noise violations or, I think you mentioned violations of noise standards? A Yes. So the permissions in the conditions of approval for background music during dinner at a specific hour of the day, what has been experienced is, you know, DJs, very loud speakers pointed into the intersection on many, many occasions. So the noise level has exceeded the noise ordinance and also the conditions of approval. That has created significant impacts to the surrounding businesses. It's an outdoor dinner environment. It's a pedestrian environment. There is a lot of activity on the street, and the music being played that loud, the amplified sound being played that loud, is an impact to the other businesses in the area. We have received many complaints over the past months asking us for help in dealing with www.di esassociates.com ��?7472.9882 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that problem. Q And do you believe that the noise violations constituted a violation of a condition of approval for the CUP? A I do. Q And I'd like to direct you to Exhibit 9, page 49. A Okay. Q No. 28-C. Can you read for us that condition of approval, please? A Yes. "Disorderly house. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet on or off sale that, A, disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination, or defecation, graffiti, et cetera; and/or, B, has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, et cetera. The licensed premises include the parking lot. Section 25601 BP 316 PC." Q Do you believe that the noise violations at The Bank constitute a violation of that particular condition of approval? A Yes, I do. Q Do you know if the City ever issued citations regarding the noise violations? A They have, yes. The City has. www.di Mnesassociates.com ��0.472.9882 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did anyone from The Bank ever reach out to you to discuss the citations for noise violations? A Not for noise violations, no. Not that I recall. Q Let's go back to the hours of operations. Did anyone from The Bank ever reach out to you specifically to discuss the hours of operations violations? A Yes. Craig Puma, I believe, contacted me via e-mail, if recall, some time ago -- maybe a year ago or so, as well as Amanda Lane. This was during the time when they were -- they didn't think the hours were right, and they were asking us to clarify the hours. They wanted to potentially modify the CUP if that's what it took to get the hours back to 2:00 a.m. We had -- I think I had one conversation with each of them about that, again, some months ago, but nothing ever followed up on. Q And do you mean by that there wasn't ever an application to modify that was submitted? A That is right. Q Do you remember generally explaining to them what the current permitted hours were? A Yes. Q Turning now to the criminal activity that you mentioned before that is one of the bases for your recommendation that the CUP be revoked. So you gave us a list for certain crimes that have occurred at or near The www.di esassociates.com V�472.9882 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bank. I want to get into specifics though. Can you describe for us specific instances or incidents -- crimes that have occurred at The Bank's premises or near to The Bank such that you believe that they're connected to The Bank that have been particularly concerning to you? MS. MARTYN: Objection. Does Mr. Watson have personal knowledge of that? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I believe he's testified that he's been receiving reports from police department personnel with regard to crimes, so I'll allow the question. I'll overrule the objection. MS. MARTYN: Thank you. BY MS. PETRUSIS: Q Proceed. A So among many different kinds of incidents, there are a couple that are particularly concerning, and obviously so. The first was in November of 2021, which was the first of two shootings associated with patrons of The Bank. I believe it took place in the parking lot behind The Bank immediately after they closed the doors in or around 2:00 a.m. and a man was shot in the leg. Luckily, no one was killed. And then the second, unfortunately, there was another shooting, I believe, in January of 2022, who, I www.di esassociates.com �472.9882 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe, was an employee of The Bank that was shot and killed right on the doorstep of The Bank, and two other people were severely injured in that shooting inside The Bank. So there are many others not as severe as that, but those are very, very concerning to the City for obvious reasons. And, I mean, a murder on their front doorstep is a serious situation. Q And just to kind of give some context to this, how many shootings have happened in Old Town Temecula, let's say, since you started at the City? A I know of -- so I've been at the City for 17-plus years, and I know of two other incidents in that 17-year span. Q Okay. So then two out of the four shootings that have happened in the past 17 years have happened at or near The Bank? A That is correct. Q Okay. And moving onto other crimes and incidents that are particularly concerning to you. Other than these shootings, can you describe what those are? A Numerous fights, brawls that have broken out. Just recently, maybe a month and a half ago at this point, there was -- The Bank closed at or around 2:00 a.m. Again, in the same parking lot behind The Bank, there was www.di esassociates.com 472.9882 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The police department was right on the scene. near the Murrieta Creek not knowing there was 50-foot fall that would be on the other side of that, and he felt down in the creek and broke both of his legs. The fire department had to call out the ladder truck and had to do a high -angle rescue off the side of the creek off the side of the bridge. So considerable City assets were tied up in dealing with that. So, I mean, it's been -- that's indicative. That's a recent one, but there's been public urination, vomiting, general disorderly conduct, that has been just a hallmark of The Bank's operations over the last year -plus. Q And this might sound like a silly question to you, but why does this matter to the City? Why is it concerned about these incidents? A Well, the City has a duty to public safety, and the City has a duty to ensure not only their physical safety but their economic viability of a very important commercial downtown. And these things cannot be ignored. The City has a duty to act, to protect not only its residents, but the visitors, its employees, and business owners and property owners. This has been www.di esassociates.com 96 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ongoing for some time, and it has gotten to the point where we cannot do nothing. We had to do this. This was not a light decision by the City. The condition is serious, and that's why we chose to revoke. Q Okay. And maybe you can explain to us why you think that the crimes that you have generally described in your testimony are somehow connected to The Bank and how it operates? A Well, overserving is obviously taking place. You know, the security personnel there, to our knowledge, are not professional security personnel. PD has informed the City that they believe that the security personnel there are actually, on many occasions, instigating or escalating things. That goes right to the heart of their operations. And just their general lack of concern for the conditions of approval for the work that the code enforcement team has done and PD has done to work with them to get them into compliance. It's just gotten to that point. Q Regarding this information about overserving, how did you receive that information, or why do you believe that there was an overserving issue? A Well, because the people that come out of there are drunk and disorderly. There's vomiting, public urination, there's fights -- everything I have already www.di esassociates.com 97 �472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mentioned. And that's what PD and code have witnessed and expressed to me. So that's how I understand there to be overserving there. Q And in case I haven't asked this question yet before, I just want to make sure I do. Do you believe that the criminal activity that you have testified about is a violation of Condition of Approval No. 28-C? A I do. Q Regarding all of the violations, it's your understanding that the City has issued administrative citations; is that right? A That is right. Q And has the City issued civil penalties? A That's right. Q And is your information that the City has sent copies of the civil penalties to Zip Third Investments? A That's correct, they have been sent to Zip Third. Q Do you have -- I'm not asking for a specific number, unless you know. Do you have a general sense of how many, all told, violations and civil penalties have been issued regarding violations at The Bank? A I don't know the exact number because the violations are racking up every weekend, but it's well over 100. Q Okay. Has the City of Temecula singled out The www.di esassociates.com 472.9882 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Bank for enforcement action? A No. As I mentioned before, the City established the Metro Team and the Metro -Plus Team to do sweeps of all of Old Town regularly, weekly. There have been other violations at other places, and the City is addressing those as they come up. So, no, the City did not establish a ten -man Riverside Sheriff's unit to just go after The Bank. MS. PETRUSIS: I don't think I have any further questions, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Before we start cross-examination of Mr. Watson, I think it would be a good time for a quick break just to give our court reporter a break. And just to let everybody know before going off the record, I'll start with The Bank's attorney, Mr. Callaway, and then I'll move over to Ms. Martyn for cross-examination of Mr. Watson. Okay? So let's go off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Back on the record after the break. Mr. Watson, do you understand you are still under oath to tell the truth? THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. www.di nesassociates.com 09 472.9882 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cross-examination, Mr. Callaway. CROSS-EXAMINATION BY MR. CALLAWAY: Q Mr. Watson, good morning. My name is Tom Callaway. I'm the attorney for CNC Puma Incorporated doing business as The Bank. I want to kind of go back and start addressing the original Conditional Use Permit from 2007. You were previously, by city counsel, directed to Exhibit 5. Do you still have that in front of you? A I do. Q If you could just take a look at that. I have a few questions. Just so you know, I'm on Bates page A-20, which is City of Temecula Final Conditions of Approval. Do you have that? A Yes. Q At the top it says, "Project description." Can you tell me what that is for? A It describes the project. Q And who fills that out? A City staff does. Q Okay. You had said earlier that this Conditional Use Permit required another public hearing or director's hearing. Can you tell me in what situation a director's hearing is used? www.di esassociates.com 1 �I 472.9882 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Let me make sure I'm on the right one here. So this is PA 07-0314? Q Correct. A The original CUP? Q Correct. A And your question is about the director's hearing? Q Yes. A So code requires that a CUP go to a public hearing, so that's why a director's hearing, which is a public hearing, was held. Q And who is typically present for a director's hearing? A The planning director presides over the director's hearing, and the public is allowed to come. It's a public hearing. Staff is there that's been working on the project as well as the applicant and any of the applicants's representatives. Q And if you go to Section 11 of the general requirements, it indicates there that the director's hearing was held on January 3rd; correct? A I'm sorry? What section? Q Section 11 of the general requirements, down to page A-24. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You mean www. . difrIMcojrnesassociates . com 310.472.9882 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A-23? THE WITNESS: I'm not -- I'm not sure. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, did you mean A-23? MR. CALLAWAY: A-23, correct. THE WITNESS: City's Exhibit 5? BY MR. CALLAWAY: Q Correct. A Page 24? MR. CALLAWAY: My 23 looks identical to 24 with a cross out. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. THE WITNESS: That's right. MR. CALLAWAY: So it is on both 23 and 24. I'm directing him to 24 the page without the cross out. THE WITNESS: Okay. 24. I'm there. BY MR. CALLAWAY: Q So just confirming, there was a director's hearing related to this Conditional Use Permit, and that occurred on January 3rd; correct? A That's my understanding. Q Do you have a recollection of being present for this hearing? A I was not the director in 2008. Q So you are not one of the staff that would have www.di "nesassociates.com �_730.472.9882 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been there? A No. Q Going to page A-26, Section 28. Are you there? A Uh-huh. Q In the middle of the page it says, "An alcohol review board has been scheduled for Wednesday, December 12, 2007." Do you know what the purpose of that is? A I believe -- I do not know what that is. I don't know what that's for. Q Okay. How about on the following page, Section E, it states, "An alcohol review board will convene with the applicant on Wednesday, December 12, 2007." Do you know the purpose of that? A I don't. But I believe this is associated with Alcoholic Beverage Control. Q Okay. Going back -- I'm going to go back in the same exhibit, back to page A-15. A Okay. Q Just to confirm, Section A, that the application was received, or the initial CUP, on November 7, 2007; correct? A That is correct. Q And the application was considered and approved on January 3, 2008; correct? www.di esassociates.com 1�TF472.9882 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That is correct. Q Going to the Minor Modification Application of 2008, Exhibit 6, starting with page A-29. Do you have that? A Yep. Q And can you read for me what the project description use is there? A "Project description is restaurant, request to extend hours to California law according to ABC, service until 2:00 a.m." Q And at the time this request was made, it is your understanding that The Bank had in place, through ABC, a Type 47 liquor license? A That is correct. Q And, again, just for clarification, that includes wine, beer, and distilled spirits; correct? A That is right. Q Is this the proper form that would be used for a minor modification of a CUP? A It is. Q I'm going to go to Exhibit 7, starting with page 3. A Okay. Q The two -page letter signed by is Katy Engst. Is Katy still with the City? www.di esassociates.com I '73472.9882 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A She is not. Q And what was -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Did you mean the City? THE WITNESS: The City, yes. I'm sorry. She's not with the City. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. BY MR. CALLAWAY: Q On page on A-32, can you read for me what the subject of the application is? A "Planning Application No. PA 08-03236, a minor modification to approved minor conditional use permit, PA 07-0314, to extend the hours of operation for the sales, service, and consumption of alcohol associated with the previously approved Type 47 ABC license for The Bank Mexican food restaurant." Q Down at the bottom of that page under Section No. 2, in italics, it says, "The Bank of Mexican Food currently exists on site and currently holds a Type 47 ABC license." Do you believe that to be an accurate statement as of that time, as of October 15, 2008? A Yes. Q Go down through the final conditions of approval to A-35, the acceptance of conditions of approval. A Okay. I'm there. www.di esassociates.com �472.9882 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The signature line and date line are blank; correct? A They are. Q Do you know why that is? A I do not. Q Was there ever a time between October of 2008 and, let's say, 2021 where the City was not able to locate the 2008 minor modification to the CUP? A Not that I recall, no. Q Okay. Go down further to section PL-13. You testified before about the regular hours of operation, and then you also testified that PL-14 showed that the minor modification was accepted, and as a result of that, the restaurant manager of The Bank could stay open until 2:00 a.m.; is that correct? A That's what the condition reads. Q Okay. Is it your understanding from looking at this, that it would be at the discretion of the manager to stay open until 2:00 or possibly not stay open until 2:00 if they decided? A That is how the conditions read. Q When you look through the final conditions of approval, starting from page A-36 down to A-38, do you see any reference to anything dated in the 2007? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I didn't www.di esassociates.com I '7310 472.9882 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hear your question, Mr. Callaway. Could you repeat that? MR. CALLAWAY: Sure. BY MR. CALLAWAY: Q In the City of Temecula filing conditions of approval beginning on page A-36 down to A-38, do you see any reference to any dates in the year 2007? A I do. Q Whereabouts? A Condition 18. Q And that is the reference to Conditional Use Permit PA 07-0314? A Yes. Q Other than that, do you see any reference to the year 2007? A I don't believe so. Let me do a quick scanning here. Q Okay. Going back up to PL-13 where it says, "Regular hours of operation shall be as follows: Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, 8:00 a.m. to 11:00 p.m.; and Sunday, 8:00 a.m. to 10:00 p.m." If you go back to Exhibit 5 for the 2007 Conditional Use Permit, in that document -- bear with me for a second. In that document -- I'm basically going to ask you to compare the two, the way the hours of operation are laid out in the www.di esassociates.com 472.9882 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '08, and compared to how they are laid out in the '07. So if you go back to Exhibit 5, Section 1 -- A Uh-huh. Q -- it's not simply referencing two lines of hours, that paragraph dealing with hours is different in Section 13 of the '07 modification as compared to Section 11 of the minor modification in 2008. Would you agree? A It is different. Q Okay. If I could have you take a look at Exhibit 8. This is in regards to the 2012 application for the minor modification of the CUP. A Okay. Q Page A-40. A Uh-huh. Q Would you agree that the form that was used here was not the correct form? A The applicant turned in the wrong form, that's correct. Q Okay. Do you know who crossed out "Conditional or Temporary Use" and wrote in "Minor Modification"? A Yes, Stuart Fisk, who is a staff member here at the City. Q And is he presently a staff member there? A He is. Q What is his current position? www.dilr22jgnesassociates.com �3472.9882 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Planning manager. Q How about in 2012, what was his position? A I believe it was senior planner. Q Okay. Would he have been a subordinate to you or parallel, horizontally, or above you? A He would have been equal to me at that time. Q Okay. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway? MR. CALLAWAY: Yes? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I hate to interrupt, but it's around noon. I'm just curious if you have a whole lot more, or if it is a good time to take a lunch break. MR. CALLAWAY: If you want to take a break now, that would be fine. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Let's go off the record. (The lunch recess was taken.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Back on the record after the lunch break. Mr. Watson, are you there? THE WITNESS: I'm here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Watson, do you understand you're still under oath to www. dilr9kojinesassociates.com 0.472.9882 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tell the truth? THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, if you would like to resume cross-examination? MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q Mr. Watson, just to clarify, you agree, don't you, that the 2008 minor modification to the CUP gave the manager at The Bank discretion to operate until 2:00 a.m. seven days of the week; correct? A That is correct. Q And it's the City's position that that stopped solely because of the minor modification of 2012 which changed the operating hours; is that correct? A That is correct. Q And isn't is also correct that the minor modification of 2012, if you look at the purpose of it, it doesn't ask for different hours; is that correct? A Which one? MS. PETRUSIS: I'm going to object that it is vague and ambiguous. I don't think I understand the question. Is it that the application doesn't ask for it? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. Mr. Callaway, can you clarify? I believe that www.dilr22j2nesassociates.com -10- 472 . 9882 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was the question. Although, I'm having difficulty hearing you. If you don't mind moving closer to your microphone. MR. CALLAWAY: Is that better? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I apologize. I have a fire truck outside. Hold on just one second. Okay. I think we are kosher. Mr. Callaway, please continue. MR. CALLAWAY: I'll rephrase. Thank you. BY MR. CALLAWAY: Q Mr. Watson, looking at Exhibit 9 -- A Okay. Q -- which pertains to page A-44, which is the cover letter dated February 28, 2012. Do you have that? A I do. Q In the subject line, there is nothing in there asking for a modification of hours; is that correct? A In the subject line, no. Q I'm sorry. That is correct; correct? A That is correct. Q And do you know why the hours were changed, according to the City, in the 2012 minor modification? What was the reason for that? MS. PETRUSIS: Objection. I believe that invades the deliberative process privilege. MR. CALLAWAY: The whole thing, your Honor, stems www.di esassociates.com I�472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 around the change of hours. And to be honest, the document itself is completely silent as to that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I understand your position. I guess, Ms. Petrusis, your objection is what exactly? MS. PETRUSIS: Well, the deliberative process privilege which protects the mental processes by which a particular decision was reached by City staff. So the reasons why they change -- the way they made the decision they made is protected by the deliberative process privilege. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I understand your objection. I think to some degree, however, whether or not Mr. Watson has an understanding as to why he believes that particular change is in there, it is certainly relevant to these proceedings in this case. And, frankly, I don't know if he can speak to that. I think it's a valid objection. But I think, Mr. Callaway, you can get this information if you ask this question slightly differently. BY MR. CALLAWAY: Q Mr. Watson, do you know or do you have an understanding as to why the hours were modified in the 2012 minor modification? www.dilr*Q"nesassociates.com ff'07.472.9882 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I was not there. Q Have you, in preparation for your testimony today, discussed that matter with anybody within the City? MS. PETRUSIS: And not including the City attorney's office; correct? MR. CALLAWAY: Correct. THE WITNESS: Yes. BY MR. CALLAWAY: Q Okay. And did you come to understand why the hours were changed? A Not exactly, no. But I can tell you this, the -- what is asked for on an application and what is included in the final approval -- whatever is asked for on the application doesn't exactly end up in the final. That's where the negotiation takes place between the staff and the applicant. So the fact that the hours were changed but they weren't asked to be changed is not surprising at all. Q Well, in the 2012 application, the request was for background music; correct? A That's correct. Q And that request, in fact, was granted or approved, rather, in paragraph 9 of the final conditions of approval for the 2012 minor modification; correct? A What are we pointing at here? www.di esassociates.com ;PA472.9882 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. In 2012, the final conditions of approval, paragraph 9. I can get you the page number. A Yes, please. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Which exhibit is this, Mr. Callaway? Just out of curiosity. MR. CALLAWAY: Sure. Exhibit 9 on page A-46. THE WITNESS: 46? BY MR. CALLAWAY: Q Correct. A What was the question? Q In paragraph 9, it appears that the request for background music was approved, would you agree? A Yes, that is correct. Q Okay. And can you read for me what the approval consisted of, or what the limitations were? A In Condition 9; right? Q Correct. A "Indoor dining entertainment consisting of one keyboard or other one instrument played with one vocalist for the purpose of providing background music is permitted daily from noon until 10:00 p.m." Q Okay. Is there anything in Exhibit 9 that tells you why the hours were reduced? A I don't think so. Q So Exhibit 9, in the final conditions of www.dilesassociates.com 472.9882 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval, it is completely silent as to any justification for changing the hours; would you agree? A It does not address the change in the hours in Condition 9. Q Do you believe that the hours were changed as a tradeoff or give and take with the fact that background music was going to be allowed in The Bank? A It's probable. Q Okay. Have you discussed with anybody who stated that that was the reason? A No. Q So as you testify today on behalf of the City, you don't have an opinion as to why the hours were reduced; is that correct? MS. PETRUSIS: Objection. That misstates prior testimony. MR. CALLAWAY: I'm just looking to clarify. If I'm wrong, he can tell me. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. I'm going allow him to clarify as far as the way the question was worded. Perhaps you can just answer the question. If there's a follow-up objection, Ms. Petrusis, you can give it. www.dilr22j7hesassociates.com -316.472.9882 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Mr. Watson, as you sit here today, do you have a belief as to why the hours were reduced in the 2012 minor A I can make an assumption, but I can't tell you for a fact why they were charged. Q What is your opinion? A Well, it is standard practice that when an applicant comes in to get a CUP or to modify a CUP, that there is a tradeoff, there is negotiation. If they're asking for something new or different, the City will take that into consideration in light of all of the potential impacts and may alter one or more conditions to match the new request. This happens all the time. So my assumption is, there's nothing different here in this case. There was a new request that resulted in a back and forth and the hours were changed because of the new request. Q So in 2008, The Bank has a Type 47 license for full alcohol, distilled spirits, beer, and wine, and they make an application for a minor modification and extend their hours and that's granted, but when you add a guitarist and a singer, you're saying it would be reasonable to then take those hours back away? A Perhaps at the time it was reasonable. Q Okay. But in the end, you don't have any factual www.di QJ$ esassociates.com 116 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 background as to why the hours were removed; is that correct? A I do not. Q Okay. Do you know anybody at the City who does? A I don't know for sure. Q Okay. You testified that making changes occurs. I think you said it's a common occurrence. When those changes are made, when something is taken away, would that typically be shown in the final conditions of approval or somewhere in the paperwork as to why that was done? A It wouldn't be shown in the conditions of approval and it would not be in the approval letter. The conditions of approval would be the location of the changes. That's where it would be documented. Q Is there anywhere else that you would see what was removed? A You may see it in a staff report, but it's not required. Q I did some quick math. Would you agree that The Bank, pursuant to the 2008 minor modification to stay open until 2:00, and now their hours were reduced in 2012 -- I count approximately 26 hours a week that they are potentially losing out on. Would that -- would you agree with that? A If that's what the math adds up to, yes, that www.dilr22jgnesassociates.com �3472.9882 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be the number of hours that they are not allowed to be open during the week. Q So in the 2012 minor modification, again, focusing on the final conditions for approval. In paragraph 12, page 846, it's the City's position that those are the new hours that The Bank has to operate by from there forward. When I say "from there forward," from the time the 2012 minor modification is approved and notice is given to The Bank; would that be accurate? A That's accurate. Q If you look at paragraph 12 on page 46 in Exhibit 9, there's a reference to "As an amended director's hearing on 01/03/08." Do you see that? A Uh-huh. Q Do you know how something that was four years old showed back up in this 2012 modification? A No, I wasn't part of the process then, so I don't know. Q Had you, in preparation for today, had a chance to compare the final conditions of approval from the 2007 CUP to the 2012 minor modification request? A I mean, I have read them. I have reviewed them. Q Would you agree that the hours in paragraph 12 of the 2012 modification are identical to those in paragraph 13 of the 2007 CUP? www.di esassociates.com I472.9882 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Are you asking me to do a comparison right now? Q Yes. So just for clarification, we have Exhibit 5 for the 2007 CUP, and Exhibit 9 for the 2012. And, again, in the 2007, it's paragraph 13. A They appear to be the same hours. Q Okay. Do you have any understanding as to why the hours in 2012 went back, word for word, exactly the same, to what they were in the 2007 CUP? A I do not. Q In comparing the final conditions of approval from the 2007 CUP to the 2012 minor modification -- I looked through them, and I found that paragraphs 3 through 29 from 2007 were identical to 1 through 28 in 2012, with the exception of paragraph 9 of 2012. I would like you to take a look and tell me if you agree that those are, verbatim, identical between the two? A How many conditions do you want me to go through now. Q It's Conditions 3 through 29 of 2007 and Conditions 1 through 28 of 2012. A That's going to take some time. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, maybe you can give me an offer of proof as to the relevance of that? MR. CALLAWAY: Just that it appears that the two www.di nesassociates.com 09 472.9882 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 documents, that the 2012 copy and pasted from the 2007. Everything is identical. THE WITNESS: There's nothing unusual about that whatsoever. Nothing unusual about that. That happens all of the time. And if they were negotiating back to a previous state of a set of conditions, that's exactly what they would have done. They would have just copy and pasted it. BY MR. CALLAWAY: Q Including the section regarding hours? A If that's what they wanted to have in there, yeah; otherwise, it would require them to write up a whole new condition. If they had a condition that they already agreed to, they would just copy and paste it. Q Let's focus back, now, on Exhibit 9, page A-48 under General Requirements -- actually, Police Department and General Requirements, paragraph 23. A Okay. Q First sentence reads, "Applicant has applied for a Type 47 (on -sale general eating place) through the Riverside District Office of Alcoholic Beverage Control." As of 2012, that's not correct, is it? They already had it? My point is, they hadn't applied for, they already had it; isn't that correct? A Yes. By 2012, they acquired a CUP with a Type 47 www.di esassociates.com Iz0- 472 . 9882 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in 2007. Q And at the bottom of that same paragraph it says, "The applicant currently has a Type 41 (on -sale beer and wine)" That's not accurate, it is? A No, it's not. Q And if you go down to paragraph 27 on that same page, A-48, in the middle of it, it says that "Alcohol review board has been scheduled for Wednesday, December 12, 2007, at 10:00 a.m." That's not possible in the year 2012; correct? A No. Q Same thing on page 49, subsection lower case e, Alcohol review board. It says, "The review board will convene with the applicant on Wednesday, December 12, 2007." That wouldn't have been possible in 2012; correct? A No. Q Do you know who the person from the City is who would be most knowledgeable as to a reason why the hours were reduced in 2012? A No, because -- I don't know. Maybe Stuart Fisk who is here, but I'm not sure what his involvement was in this. Q You were previously shown Exhibit 13, which is your letter for May 19, 2022. Do you have that? A Uh-huh. www.di esassociates.com �VdT472.9882 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Exhibit 15? MR. CALLAWAY: It is -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: 14, or no? MR. CALLAWAY: I have Exhibit 13. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: 13. Okay. BY MR. CALLAWAY: Q And that letter has your signature; correct? A It does. Q So in paragraph 3 -- let me jump to this. I'm on the second page of the letter, Bates A-201. A Uh-huh. Q Paragraph 3 violations. In that paragraph, you are addressing violations of operating hours and selling alcoholic beverages beyond prescribed hours; is that correct? A That is correct. Q I counted 83 citations -- approximately 83. I'm sorry. 100 citations there. If The Bank was operating within permissible hours -- strike that. If The Bank could operate with the hours from the 2008 minor modification, if that was in place, all of those violations would go away; correct? A I'm not sure. The hours -- the hours from 2012 prevail, in my opinion. And I don't understand what -- I www.di"C,dAnesassociates.com I0472.9882 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't understand the question. Q If The Bank could operate until beyond 10:00 p.m. and 11:00 p.m. and they could operate until 2:00 a.m., these violations would go away -- if they were within the requirements on the 2008 hours, there would be no violations; correct? MS. PETRUSIS: Objection. I think it lacks foundation and assumes facts not in evidence that the violations that are the subject of the citations in that question were all from hours of operation permitted by the 2008 modification. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to sustain the objection. We have no idea what time those violations listed in the citations state. MR. CALLAWAY: Okay. BY MR. CALLAWAY: Q The same exhibit, Mr. Watson, down to Bates A-205. A Okay. Q Paragraph 5, it's alleged that there was violation of noise standards in Temecula Municipal Code Section 9.2.040, and as a result, 17 violations were issued; correct? A That is correct. Q And the dates of those violations are from www.di esassociates.com �VP472.9882 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 April 9, 2021, through July 12, 2021, roughly a three-month period. Do you know why they stopped at that time? A Probably because they stopped violating code and the conditions of approval at that point. Q Okay. In your testimony -- before, you testified about generally what Old Town Temecula is like and also the proximity of City Hall to The Bank. Do you recall that? A I do. Q You also testified that you believe you were first aware that they were violating -- that The Bank was violating its operating hours some time in 2021; correct? A Yes. It's very hard for me to know. It could have been late 120, early 121. I just don't know. I don't recall the first time I found out about that. It was somewhere -- Q I'm sorry. I didn't mean to cut you off. A It's somewhere late 2020 to 2021. I don't know the exact date. Q Were you ever aware between 2012 and 2021 -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, you broke up. I did not hear your question. Can you repeat it? MR. CALLAWAY: Sure. www.di esassociates.com I472.9882 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CALLAWAY: Q Were you ever aware between 2012 and 2020 that The Bank was operating outside of their permitted hours? A Not that I recall. Q Okay. You testified also that The Bank is in a kind of prime central intersection; correct? A That is correct. Q Can you tell me, kind of on a weekend night, Friday, Saturday night, what is the foot traffic like in that area? You gave us a description of Old Town before. I'm looking for you to expound on that a little bit. A It's very heavy -- the foot traffic is very heavy. It's a very busy area. People going to restaurants, they're going to events, tourists are walking through the shops. It's a busy downtown area. It's a smaller town's busy downtown area. It's not like San Diego or another big city. It's a small city, but it's busy. It's a lot of foot traffic. Q Is it your impression that people go to multiple locations -- multiple restaurants and bars on a given evening? Is that common? A Perhaps. I don't know. Q So you are not really sure if people tend to bar hop, going from restaurant to restaurant, or tend to stay? You don't have an opinion one way or the other? www.di esassociates.com �472.9882 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I don't. Q You talked before about some violations, and you talked about two shootings. One of them was in The Bank and one of them was not in The Bank; is that correct? A One of them was in The Bank -- yes, that is correct. Not -- the November one was not inside of The Bank, but it was adjacent to The Bank. Q The one in November, where was it in proximity to The Bank? You said adjacent in proximity. Can you describe it a little bit more? A My understanding, in talking to the police department, is it is in a parking lot directly behind The Bank. Q Do you know who owns that parking lot? A I do not. Q Is that parking lot open to public parking? A It's a private lot. I'm assuming they allow public parking there. Q Do you know if the parking is restricted exclusively to patrons of The Bank? A I don't believe so. Q So let me ask you, what other popular restaurants are in the immediate vicinity of The Bank? A There's 24 restaurants in Old Town. They are all in a six -block radius, so they're all kind of in the www.di esassociates.com � z0.472.9882 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vicinity. Q So you agree that people can kind of walk from one end to the other and hit all of them if they wanted to or any one in particular? A If they wanted to, yes. Q And would you agree that people, whatever restaurant they are going to, utilize that parking lot? MS. PETRUSIS: Objection. I think it lacks foundation. It's vague and ambiguous. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to overrule. You can answer the question if you understand it. THE WITNESS: No, I'm not sure I understand it. BY MR. CALLAWAY: Q People who are using that parking lot, to your belief, they would could be going to any particular restaurant -- it's not one in particular, it could be any one or any store; is that right? A It's possible. Q Have you ever parked in that parking lot? A I don't recall. No. I'm not sure. I don't think I have, but I have been around a long time. Maybe. I can't tell you. Q Is the parking lot immediately adjacent to The Bank or are there other buildings between it and www.di esassociates.com �472.9882 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Bank? A It's on the lot immediately -- I haven't been back there in a long time, but The Bank is immediately adjacent to this lot. I don't know. I can't tell you exactly where the walls are and whatever, but it's immediately adjacent. Q And what makes you believe that this particular shooting -- is it the November shooting that you believed happened in parking lot area? A Sorry? Q The two shootings, I believe -- is it the November shooting that you believed happened in the parking lot area? A The November shooting, my understanding is it happened in that parking lot area. Q And what information do you have to believe that it is, in any way, related to The Bank? A That's what the Riverside Sheriff's Department told me. Q Specifically, what were you told? A I was told that patrons of The Bank got into an altercation in the parking lot immediately behind The Bank at 2:00 a.m. or so, and that a gun was pulled and shots were fired and a guy was shot in the leg. Q Do you know anything else about the www.di esassociates.com �472.9882 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 circumstances? A I do not. Q Do you know if they had been drinking? A I can't speak to that. I don't know. Q Do you know if they had been to any restaurants or bars other than The Bank that night? A I don't know. Q Do you have any information on something The Bank could have or should have done to prevent that? A I mean, do you want to me to opine on -- actually, I've got one. They should have been closed, and no one should have been in their facility until 2:00 a.m. That's one thing that they could have done. So no one should have even had the opportunity to drink until 2:00 a.m., that is something they could have done. Q Do you know that they were drinking at The Bank? A I don't. Q Okay. A Hold on. Sorry. I don't know -- the PD told me they were at The Bank. I don't know if they were in The Bank drinking. Q Do you know of anything The Bank could have done that they didn't do that would have prevented that shooting? A Closed on time. www.di nesassociates.com 09 472.9882 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How would that have had any impact? A Maybe they all wouldn't have been there. Q But you don't know that? A Well, no. You just asked me if I thought there was anything they could do. Q Okay. Other than that, anything else? A No. Q So you said earlier that there were a number of crimes that happen at or near The Bank that you believe are associated with The Bank; is that correct? A That is correct. Q How close does something have to be to The Bank for you to believe that it's close enough to be their fault? A That's a question for the police department. I'm not on site. I go off of what they tell me. If they tell me a crime is committed and it's associated with The Bank, then it's associated with The Bank. If you want more specifics, you would have to talk to the police department. Q So if somebody said it was associated with The Bank, what do you believe "associated" means? A That they were patrons, that they were employees, that they were somehow associated in going there or doing business there. www.di esassociates.com I10 472.9882 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You mentioned an incident of somebody who jumped the fence by the creek and broke both legs? A That's right. Q How close is the creek to The Bank? A 200 feet. Q And what information do you have to believe that that incident was in any way tied to The Bank? A That's what the police department told me. Q Okay. What did they say specifically? A They said that this group of people was coming from The Bank, that they were drinking at The Bank, and the folks that they caught admitted they were at The Bank and then the brawl took place and everything I already described took place. Q You testified before about overserving. I just want to make sure I understand. What do you mean by that? A Serving patrons until they are completely inebriated and them go on to engage in disorderly conduct -- urination, fights, criminal activities. Q What makes you believe that The Bank was engaged in that? A A long track record of all of those things taking place in and around The Bank. Q So if it's around The Bank, could they have been drinking at another establishment as well? www.di esassociates.com ��472.9882 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They could have. MR. CALLAWAY: Just give me a second here. BY MR. CALLAWAY: Q In preparing for your testimony today, did you review any police logs or calls for service logs? A No. Q Have you ever reviewed any calls for service logs related to The Bank? A Nope. Q So your testimony today about crime and criminal activity involving The Bank is something you have gotten from law enforcement; is that correct? A That is correct. Q Have you ever witnessed any of it yourself? A No. MR. CALLAWAY: Thank you. I don't have any other questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Martyn, cross-examination? CROSS-EXAMINATION BY MS. MARTYN: Q Mr. Watson, just a few questions. Do you recall meeting Mr. Norman Solomon around 2016, during the time you were the community development director? www.di ""nesassociates.com 107.472.9882 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Honestly, I don't. No, I don't. Q That's fine. I want to confirm, when you say "The Bank," you mean the business itself, not the property owner; correct? A Yes, when I refer to "The Bank," I mean the restaurant. Q Okay. Great. Thank you. In the 2012 CUP that you looked at, I believe -- let me take a look at the exhibit. That was an exhibit that your counsel showed you. Did you see the name of the property owner who signed it? A What exhibit are we on? Q It would be Exhibit 6 and it would be Exhibit 8. And I can be more specific. Are those signed by the property owner named Maureen Licata? A Let's see, Exhibit 6 does appear to be signed by Maureen Licata. What was the second one? I'm sorry. Q The second one is the second minor modification, I believe, Exhibit 8. A 8. Q It should be about the last page. A Yes, Maureen Licata. Q Okay. So next question. You testified that you were a planner and a community development director and you have a strong knowledge of CUPS. Do you believe that www.di esassociates.com 1 IF472.9882 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a CUP conveys a vested right to the property owner? A I do. MS. PETRUSIS: I think that calls for a legal conclusion. MS. MARTYN: I was asking as a planning professional. I wasn't asking for a legal conclusion. MS. PETRUSIS: I think when you ask if somebody has a vested right in something, that's a legal conclusion. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: He's answered the question already, and I'll allow it based on his experience. But I understand your objection, Ms. Petrusis, and it's well -taken. BY MS. MARTYN: Q Okay. Mr. Watson, have you ever seen the lease between Zip Third and The Bank? A I couldn't hear you. Q Have you ever seen the lease between Zip Third and The Bank? A Not to my knowledge, no. Q Okay. Turning to the City's Exhibit No. 13, which is the May 19 letter. And I want to confirm that that letter is the official -- I hope I'm using the right word -- revocation letter on behalf of the City; is that correct? www.di esassociates.com 134 �472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That's the official notification letter that's required. Q Thank you. And I want to confirm that the property owner was included as a CC, not as an addressee? A That is correct. Q Thank you. And just to confirm, the letter was sent to the property owner at The Bank's address in Temecula and not at Wilshire address in Los Angeles? A The first one. Q The May 19 letter. I understand it was later provided. Okay. At the time the May 19th letter was provided to Mr. Solomon in July, which would be Exhibit 14, which has, I think, a variety of pieces, had the revocation hearing already been set with OAH? A I don't know. Q Were you the person who said it or was it someone else? Was it the City Attorney's office? A I believe the City Attorney's office. Q Okay. Got it. Do you supervise Tom Cole? A He has multiple supervisors between me and him, but, yes, he's in the chain of command. Q That's fine. Have there been other CUP revocations in the city -- let's give a time frame -- within the last five years? A No. www.di esassociates.com �472.9882 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Have there been -- so that would take care of that? Ten years? Not that you recall? A No. Q Great. Thank you. A more general question. I'm asking you this as a planning professional. I'm not asking for a legal conclusion, and I'm not asking for any privileged information. Why do you believe revocation will solve the problem with The Bank? A Well, it's specific actors that are involved that are operating the business in this manner. So, you know, removing the liquor from the environment is certainly going to help. I don't know if it will solve everything, but this is what we have at our disposal to enforce, and that's what we are using. We are using what is at our disposal. I have no idea what will happen after the revocation. They haven't listened to the City or police department yet, so I don't know if they will even if it is revoked. Q Okay. Do you -- again, this is asked as an administrator within the city, not a legal conclusion and not anything that you have discussed your counsel. Do you believe that an effective remedy would be eviction, obviously not done by the City, but done by the landlord? A I don't know. I don't know. Q Okay. That's fine. I want to confirm -- this is www.di esassociates.com � I0.472.9882 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 basically, a zoning question. It's my understanding that if the CUP were to be revoked, the use of the property would be governed by specific plans for Old Town, I believe it's a C-1 zoning, which means you could have a restaurant with wine and beer sales if there was the applicable 41 license; correct? A That is correct. Q Based on your experience as a community development director, do you believe that that use of the property is worth less than a use with a 47 license? MS. PETRUSIS: Objection. THE WITNESS: I don't know. MS. PETRUSIS: Well, he answered. MS. MARTYN: He doesn't know. BY MS. MARTYN: Q Finally -- and this is a true question. It is not intended to sound argumentative. It is really a question. You testified that in code enforcement situations the City tries to be business friendly and that the City does not want to use a heavy hand as to owners, but, instead, to work collaboratively. I think I quoted that pretty accurately. Based on that, did you ever attempt to contact Mr. Solomon or anyone at Zip Third by phone, for example? A No. But there were hundreds, I think, of letters www.di esassociates.com �472.9882 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and citations and other correspondence -- Q Assuming for the sake of argument that those were received. My question is, you indicated that code enforcement reaches out to owners to act collaboratively. Did you reach out to this owner to act collaboratively? -- meaning, a phone call or something that isn't an enforcement letter? That is my definition for purposes of this question. A No, we didn't. MS. MARTYN: Okay. I think that's all of my questions. Thank you very much. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. All right. Ms. Petrusis, did you have any redirect? MS. PETRUSIS: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. And in that case, I have no questions. Mr. Watson, you may be released. Thank you for your time. THE WITNESS: Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Petrusis, your next witness. MS. PETRUSIS: Yes. The City would like to call Tom Cole as its next witness. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. www.di esassociates.com .472.9882 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Cole, are you there? MR. COLE: Yes. Can you hear me? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. Can you get a little closer to your microphone? MR. COLE: How is this? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: A little muffled, but better. MR. COLE: Let me take my headset off. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Now I can't hear you at all. Wait a second. There you go. Much better. Speak again. MR. COLE: Much better now? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Much. All right. That's much better. So Mr. Cole, I'm going to place you under oath. Can you please raise your right hand for me? TOM COLE, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You can put your hand down. Could you please state and spell www.di nesassociates.com 0.472.9882 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your full name? THE WITNESS: My name is Tom Cole, C-O-L-E. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Cole. Ms. Petrusis. MS. PETRUSIS: Thank you, your Honor. DIRECT EXAMINATION BY MS. PETRUSIS: Q Mr. Cole, where are you currently employed? A The City of Temecula. Q And what is your current position at the City of Temecula? A I'm a field supervisor for code enforcement. Q And could you please just generally describe your work history for the City of Temecula beginning with when you joined the City? A I started with the City as an intern in 1992, and I have been with code enforcement full time since 1997. Q And have you always held the position that you have currently with the City? A No. I started as a code enforcement officer I, and went to code enforcement officer II, and then a senior code enforcement officer, and, currently, supervising code enforcement. www.di esassociates.com .472.9882 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Can you generally describe what your duties and responsibilities are at the City currently? A We, in code enforcement, enforce the City rules and regulations and the municipal code. The purpose of code enforcement is property maintenance, quality -of -life issues for the citizens of the City of Temecula. Q And these duties and responsibilities, were they the same back in, let's say, 2012? A Yes, overall they were. Yes. Q So they haven't recently changed? A No. Q Okay. Maybe you can describe for us kind of a typical life cycle of a code enforcement case? A Sure. Initially, we will take a complaint, and we will go out and verify that via an investigation. We would typically issue a notice of violation, a warning, if you will, that could move to a citation, and, ultimately, to civil penalties. And if we still cannot get compliance, at that point, we bring in the City Attorney's office. Q Okay. Now, starting with -- you said you receive a complaint. Does the City's Code Enforcement Department patrol the streets for code violations? A No, we are a reactive city. We respond to complaints only. Very seldom are we proactive. If we see www. dilIMPesasociates.com .472.9882 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 something that is a major issue, that's the point we would take care of it or attempt to take care of it without a complaint. Q So speaking very generally, is it possible, then, that an individual business could be violating, let's say, a Conditional Use Permit for a while before code enforcement is aware of it? A Yes. And in a situation such as the one we are discussing, there is no way that we will be out there on the weekend at 11:00 p.m. at night to see if someone is opened or -- we don't monitor Conditional Use Permits unless we get a complaint. Q Okay. Can you describe the difference between an administrative citation and a civil penalty letter? A An administrative citation is a smaller dollar amount. In the City of Temecula, it's $50.00, $100.00, and $250.00. We created a civil penalty in order to address situations where, perhaps, someone is violating and just paying the fine as a cost of doing business. Q And so what is the ultimate purpose, then, to issue citations and civil penalty letters? A The ultimate purpose of any violation is compliance. The civil penalties and administrative citations, these are all tools that we use to try to achieve compliance. www.di nesassociates.com �� 0.472.9882 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is it ever used to punish a business? A No. Q Or to punish an individual? A No, it's strictly used to achieve compliance. It's a tool. Q Now, are you familiar with a restaurant currently called The Bank? A Yes. Q And where is it located? A It is in Old Town Temecula. It's on the northwest corner of Main Street and Old Town Front Street. Q Do you happen to remember the street address for The Bank? A I should off hand. But let me -- it is 2869 -- 28645 Old Town Front Street. Q Okay. So as a code enforcement officer, how would you describe the Old Town Temecula area? A I would say it's the original downtown area for southwest Riverside County. It's Western themed. It has a ranching and farming history. I believe there was a stagecoach stop there in the 1800s. A lot of historic buildings. Q Okay. And generally speaking, how large is the Old Town area in Temecula? A It has two main streets that go north to south www.di esassociates.com .472.9882 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and six to seven streets that go east to west. Q Okay. Previously, Mr. Watson testified that there was, I think, 24 restaurants in Old Town Temecula. Does that sound about right to you? A I'm sure he has an exact number. I just know it's a little bit over 20. Q Okay. Now speaking specifically about violations by The Bank, have you personally ever issued citations regarding violations at The Bank restaurant? A Yes, I have. Q What about civil penalty letters? Have you ever personally issued civil penalty letters for violations at The Bank restaurant? A Yes, I have. Q Approximately -- and if you know the exact number, great. Approximately how many citations have you issued regarding The Bank? A 35 administrative citations. Q And how many civil penalties have you issued regarding violations at The Bank? A Approximately 108. Q Okay. And generally speaking, what were these violations regarding? A They were hours of operation, mostly. There were several that they were exceeding the decibel limit that www.di esassociates.com .472.9882 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was allowed per our municipal code, and I believe there were two for over occupancy. Q Okay. And we'll get into that later. And does this also hold true for the civil penalties? A Correct, yes. Q Are you familiar with the documents that are contained in the City's Exhibit No. 10? A Yes. Q Okay. Can you describe those documents? What are those documents in the City's Exhibit 10? A Those are administrative citations. Q So they are copies of administrative citations issued by the City? A Correct. I believe all of them are issued by myself. Q Okay. There are some documents in the City's Exhibit 10 that have some handwritten notes, on the side, specifically. Do you have Exhibit No. 10 in front you, Mr. Cole? A I can get it quickly. Q Okay. We can give you a second. A Okay. Hang on. Sorry. I'm still looking. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Are you on CaseLines? THE WITNESS: No, I'm just looking for the link www.di esassociates.com .472.9882 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on my e-mail that Jennifer had sent me. I had it pulled up and now I can't find it. MS. PETRUSIS: Your Honor, do you have the ability to allow me -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: If he's on CaseLines, I can direct him to the page. THE WITNESS: I did log on. I did fill out the information this morning to get on CaseLines. How would I access that? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: There should be a link, but I'm not sure if that's the fastest way. Or you can have it sent to him by e-mail, Ms. Petrusis. MS. PETRUSIS: Yes. So why don't we do this -- THE WITNESS: I got it. BY MS. PETRUSIS: Q Did you find it? A I have got the link. I'll pull up Exhibit 10. Which page number are we looking at? Q So it will be marked at the bottom, 0051. It's the first page. A I see that. You bet. Q Okay. So if you look on the left-hand side of that page, do you see some handwriting? A Yes. www.di esassociates.com .472.9882 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what does that say? A It says "Paid," and there is an invoice number and code case number. Q Okay. So that code case number, is that the number at the bottom of the handwriting? A Yes. Q Okay. And do you happen to know who wrote "Paid," and then the invoice number and the code case number? A It may have been Sophia, but I'm not 100 percent sure. Q And who is Sophia? A She's our administrative professional in code enforcement. Q So does this indicate to you that at least this particular citation was paid? A Yes. Q Okay. MS. PETRUSIS: Your Honor, I would like to move into evidence Exhibit No. 10, please. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 10 is admitted. (Exhibit 10 was received in evidence.) MS. PETRUSIS: Thank you. www.di esassociates.com .472.9882 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PETRUSIS: Q You mentioned earlier, Mr. Cole, that one of the violations was regarding hours of operation. So since you personally issued citations for this violation, how did you determine that there was a violation of the permitted hours of operation? A I have been out in Old Town at that time every Friday and Saturday night, so I physically observed it being open. Q Okay. And how often did you go out there every Friday and Saturday night? A Pretty much every Friday and Saturday night from March -- well, as far as The Bank is concerned, from March 2021 to present. I had started monitoring Old Town on the weekend due to other complaints about different restaurants that were open after hours. So I actually started monitoring that location probably in the fall of 2019. Q Okay. And how did you know what the permitted operating hours were for The Bank or are for The Bank? A I looked at their Conditional Use Permit. Q As of today, what are the permitted hours of operation for The Bank? A It would be Monday through Thursday, 11:00 a.m. to 10:00 p.m.; Friday, 11:00 a.m. to 11:00 p.m.; Saturday, www.di esassociates.com I '73472.9882 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8:00 a.m. to 11:00 p.m.; and Sunday, 8:00 a.m. to 10:00 p.m., with an opportunity for them to stay open later on holidays. Cinco de Mayo was mentioned, and that was a midnight closing time. Q How did you confirm -- you said you personally went out there, but now I want you to get into details about how did you know that it was still operating past its permitted hours? What did you personally observe? A I observed them being open beyond 11:00 p.m. Since we started going out with the Metro Team, I observed, you know, the behavior that's been discussed earlier. I have seen people throwing up. I have seen people fall down in the street outside of The Bank. I have seen at least two occasions where people were literally trying to pick a fight with the police department. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: People try to do what with the police department? I couldn't hear that. THE WITNESS: Pick a fight, getting up in their face. It looked to me like they were -- you know, they wanted to fight, and sometimes the words were said, but I have witnessed these things in person. BY MS. PETRUSIS: Q Did you see customers inside The Bank's premises www.di nesassociates.com �I0.472.9882 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after the permitted operating hours? A I did. Q Did they appear to be eating or drinking still at the time? A From the outside of the restaurant. I have only been in a handful of times. They weren't eating. They were drinking and/or dancing. Q And when you observed dancing, could you tell what type of music was being played? I should say, if it was live entertainment? A It was from a DJ. As far as the type of music, I don't listen to it. I just -- it was a DJ and lights and that kind of stuff. Q Okay. So when you observed individuals dancing at The Bank, the music was provided by a DJ? A Correct. And it was after 11:00 p.m. Q Now, what is the permitted noise level -- exterior noise level for that location? A In the entire Old Town area, it's 70 decibels. Q Is that pursuant to the Temecula Municipal Code? A Correct, yes. Q Okay. And you mentioned earlier about noise violations. So how did you determine that the level of noise was above what was permitted by the municipal code? A We have decibel readers that were issued. www.di esassociates.com ' �273 472.9882 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How long have you been using these decibel readers? A At least 10 years. Q And so please describe for me the process that you would use to check the noise level when you went out there. A We have handheld decibel readers. They're calibrated by the company once a year, and we calibrate them in here periodically. There is a digital readout. So they're just handheld so we can stand on the adjacent property and look at the levels of sound that are coming out. And at the time that they received the citations for violating the noise ordinance, the speakers outside were literally blasting, and it was 90-plus decibels -- 95. I try to be lenient with the different types of noises that can come into Old Town. If it's 80ish, I'll give a warning. If it's over 90, I typically always issue a citation. Q Do you believe you gave warnings to The Bank about the noise levels before you started issuing citations? A I did, yes. Q I would like to direct your attention to, again, Exhibit 10, and this time page 59. Let me know when you www.di es associates.com � � T472.9882 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 get there. A I will be much faster than last time. Got it. Q Okay. Is this an example of a citation issued for noise violations? A Yes, it's a noise violation and, additionally, hours of operation. Q And in the Correction Required section, can you read what you -- was that you who wrote that information? A Yes, it is. Q Is that your signature at the bottom of the citation? A Yes, it is. Q And so can you read for me what is in the section Correction Required? A It says, "$300.00 due. Discontinue business operations after 11:00 p.m. Keep noise levels under 70 decibels to avoid additional cite/fine/legal action." Q And when was this citation issued? A April 9, 2021. Q And to whom was it issued? A It was issued to the agent for service for CNC Puma Corporation, Brad Landon. Q And what is your understanding of the role of CNC Puma Corporation for The Bank? A It is their corporate name that I looked up. I www.di "nesassociates.com ��0.472.9882 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looked at the business license and I got CNC Puma Corporation off of the business license, I went to the Secretary of State website and saw that their agent for service was Brad Landon. Q And is that why you sent the citation to Brad Landon? A Yes. Prior to me issuing any of the citations, once I saw he was the agent for service -- he is a friend of mine, so I gave him a call and let him know that I would be sending the citations to him, because I figured as soon as he got one, he would call me. Q And what, if anything, or how, if at all, did he respond to you giving him that heads up? A He basically thanked me for the heads up. Q On page 59 at the top, can you read what is handwritten, like, kind of above the citation itself? A Forgive me. I just clicked out of it. I'll be right back. So page 59? Okay. It lists the code enforcement case again, CE 21-0676, Invoice No. 93616 and the citation was paid. Q Okay. So it's your understanding that the citation for the Conditional Use Permit violation and noise violation was paid? A Correct. Q Has the City received a request from anyone to www.di esassociates.com 153 ��PP472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appeal any of the citations or civil penalties that were issued regarding violations at The Bank? A No. Q So I think you kind of started to touch on this. I wanted to drill down a little further about when you first became aware of The Bank violating its permitted hours of operation. A Yeah. In or around sometime in the first quarter of 2021, probably in March. We had a meeting requested by the Temecula Police Department, which is Riverside County deputy sheriffs that we contract with. Sergeant Jason Gore and Deputy Beau Bowman requested that we meet with City staff because at that point in time, I was simply doing decibel readings and monitoring hours of operations. And after that meeting -- shortly after the Metro Team was formed, we started -- based on their request, we started to walk with them in Old Town. So we created, as we called it, the Metro Team Plus with the Temecula PD, the fire department, code enforcement, and building and safety. So that was -- we basically started going -- and The Bank came on our radar based on a complaint from the police department, basically. Q Okay. And about when was the Metro Team Plus www.di esassociates.com I '73472.9882 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 formed? Do you know? A Fall of 2020. Q Okay. And how -- what was the purpose of the Metro Team Plus? A The police department's request for help. After we started walking with the police, with fire code and building, and monitoring the occupancy of a lot of these places in Old Town, the calls for service were drastically reduced, according to the police department. At least that's what they told us. We walked with them and met them every Friday and every Saturday night, 10:00 to 10:30. We all rendezvous and do our sweep of Old Town. There's 12 places that we visit each and every Friday and each and every Saturday. Q And these places, are they restaurants? A They are restaurants, and some of these restaurants have morphed into bars, which is part of the reason why we do what we do. So some are restaurants and some are bars, or -- I think we have a permit for one nightclub in Old Town. Any place that has activity with noise, we visit. Q Does the Metro Team Plus -- or I should first of all ask, is it still active as of today? A It was active last weekend, and it will be active this weekend, so yes. www.di esassociates.com I1472.9882 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Is it targeting The Bank specifically? A No. The Bank is just one of the places that we visit. Q Have you ever spoken to Amanda Moore? I also understand that her last name might be Lane. A I have, yes. Q And to your understanding, what is her role regarding The Bank? A I don't know if it's been explained to me. She acts like a manager. I assume she's the manager, and she possibly has interest in the business. I'm not sure. Q Generally describe for us the conversations that you have had with Ms. Moore/Ms. Lane. A They're typically superficial conversations. I know several times we talked about our mutual friend, Brad Landon. Personal stuff. I have probably had less than five conversations in the last 18 months about the hours of operations violations, because we don't really talk about it. She doesn't ask, so I don't have anything to offer. Q And, yet, you are still issuing these civil penalties. How long have you been issuing civil penalties to The Bank? A They have been getting one every Friday and Saturday since March of 2021. www.di esassociates.com I '73W472 . 9882 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Has Ms. Moore ever said to you that she is -- strike that. Has Ms. Moore ever said to you that The Bank is going to comply with its permitted operating hours? A No. Q And do you happen to know how many citations and civil penalties have been paid? A I don't have the number, but I do have a dollar amount. Q Okay. Whatever information that you have. A It's a hair over $30,000.00 that they have paid. Q So, approximately, $30,000.00 in citations and civil penalties have been paid? A Correct. Q And do you happen to know how much is left unpaid? A Almost $150,000.00. Q And that $150,000.00, is it safe to say that a large portion of that is delinquent? A Yes. Q Overdue? A Yes. Q Have you ever spoken to Craig Puma? A Yes. Q How many times have you spoken with Craig Puma? www.di esassociates.com 157 �472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A He was on the Old Town Review Board, and so I have spoken to him, probably, 10 times. And I've spoken to him about the situation either in person or via e-mail one time. Q And what is your understanding of Craig Puma's role with The Bank? A My understanding and what I believe is he's an absentee owner. Q Why do you say that? A Because I used to see him there, and I never see him there anymore. And he is still listed as CNC Puma on the Secretary of State website. Q You mentioned earlier that you came up with the name CNC Puma Corporation from the business license? A It was from the business license, yes. Q Is that the business license that the City has on file for The Bank? A Correct. So that way, I was able to look up that on the Secretary of State website to get their agent for service. Q So you mentioned that you had at least one conversation with Mr. Puma about this matter. And I'm going to define that further as the violations that are the subject of this revocation matter. Do I have that right? www.di esassociates.com .472.9882 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And can you -- A I'm sorry, Jennifer. Not the revocation matter. I only spoke to him initially about the hours of operation, and that would have been sometime, probably, between March and June of 2021. And, again, I don't recall if it was on the phone or via e-mail. Q Okay. Thank you for clarifying. So in that communication, can you just generally describe what he said to you? A In a nutshell, he just disagreed with the City's interpretation of the Conditional Use Permit as far as the hours of operation. Q Do you have an understanding of who the property owner is of the property on which The Bank operates? A Yes. Q And what is that? A Zip Third Investments LLC. Q And how did you determine that? A I initially went to Real Quest to determine the owner of the property itself and saw that it was an LLC, so then I looked it up on the Secretary of State Business Search website. Q And do you happen to know who the agent for service of process is for Zip Third Investments LLC? www.di nesassociates.com 0.472.9882 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, Norman Solomon. Q Did you find that off of the California Secretary of State website? A Yes, I did. Q Have you ever had communication with Mr. Solomon? A No, I have not. Q Or with anyone from Zip Third Investments LLC? A No. Q I'd like you to take a look at Exhibit 12. That is page 198. A I'm there, but it's just circling. Q Okay. We'll give it a second. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Cole, did you receive my direction to the page? THE WITNESS: Let me look at my e-mail. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No, it's within CaseLines. So you didn't? That's fine. THE WITNESS: I didn't get into CaseLines. I signed on earlier. It's still circling. I apologize. BY MS. PETRUSIS: Q Are you able to access it through CaseLines? So you should have gotten an e-mail with the link. A I did. Let me see if I can get on there. The computer is not allowing me to go into that site. Okay. I'm in. www.di esassociates.com .472.9882 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Are you in the review of the documents? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to send you a direction. Tell me if you get a pop up. Did you get a pop up, Mr. Cole? THE WITNESS: No, I did not. MS. PETRUSIS: I did. I don't know why -- THE WITNESS: I do have that document in front of me. BY MS. PETRUSIS: Q So I want to ask you, are you familiar with this document that is the City's Exhibit 12? A Yes. Q And can you describe what this document is? A It's a letter that I sent to Zip Third Investments to let them know that there were violations that were going on at that particular property. Q When did you send this letter? A August 20, 2021. Q And how did you send this letter? A I believe I sent it regular mail. Q Did you get a return to sender back on this? A No. As I said, I believe I just sent it regular mail. www.di esassociates.com .472.9882 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Right, but was it returned to you? A No, it did not come back. Q Specifically, what address did you send it to? A 3055 Wilshire Boulevard, Suite 1010, Los Angeles, California 90010. I since learned that I did put attention to Normam S. Sullivan as opposed to Solomon. For some reason, I had that wrong in my letters and in my CC, but not when I printed the label. I had it correct on my printing label. Q And how did you find the address to use for Zip Third Investments? A The California Secretary of State website. Q Do you believe that Exhibit 12 is a true and correct copy of the letter that you sent to Zip Third Investments on August 20, 2021? A Yes, I do. MS. PETRUSIS: Your Honor, I would like to move into evidence Exhibit 12. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 12 is admitted. (Exhibit 12 was received in evidence.) MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q Can you read to us the last line on the body of www.di nesassociates.com 0.472.9882 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the letter, please? A "If you have any questions regarding this matter, please contact me at 951-302-4116." Q Is that your phone number at the City of Temecula? A Yes, it is. Q Is that your particular desk phone? A Yes, it is. Q Did you ever receive a response from this letter from anyone at Zip Third Investments? A I did not. Q Has anyone ever contacted you asking for more information about violations at The Bank? A No. Q Have you sent copies of civil penalty letters to Zip Third Investments? A Yes, I have. Q Approximately how many copies of civil penalty letters have you sent to Zip Third Investments? A Approximately 97. Q 97? A Yes. Q And the civil penalty letters, when they went to Zip Third Investments, were they directed to a particular person? www.diln2�TPesasociates.com .472.9882 163 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And who was that? A That was Norman S. Solomon. Q And I'd like you to take a look at City's Exhibit No. 11, and that's going to begin at page 87. Let me know when you get there. A This one came up right away. Page 187? Q No, just 87. A Okay. Q Okay. Are you familiar with the documents that are contained in the City's Exhibit 11? A Yes. Q And what are they? A Civil penalty letters. Q Do you believe that they are true and correct copies of civil penalty letters? A I do. Q And to whom were these civil penalty letters addressed? A CNC Puma Corporation, Brad Landon, dated for service at 28693 Old Town Front Street, Suite 300, Temecula, California 95090. MS. PETRUSIS: Your Honor, I'd like to move into evidence Exhibit No. 11. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any www.di esassociates.com .472.9882 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 objections? Hearing none, Exhibit 11 is admitted. (Exhibit 11 was received in evidence.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And I admitted Exhibit 12 previously; correct? MS. PETRUSIS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Exhibit 11 and 12 are admitted. MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q Did you personally issue the civil -- let me start again. Did you personally issue the civil penalty letters that are contained in City's Exhibit 11? A I haven't gone through each and every one of them. There may be a handful, or two or five, that I didn't issue myself, but the rest of them, I did. Q So if it wasn't by you, who would it have been issued by? A Either Nadya Bagdasarian or Maria Romite. Q Yes, I see an example of that on page 190. Okay. I'd like you to look at page 98, please. A Okay. Q Is this an example of a civil penalty letter that was sent to Mr. Solomon of Zip Third Investments? www.di esassociates.com .472.9882 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And how can you tell that? A His name is Sullivan. Again, I addressed it to the right individual, but I CCed the wrong name. It's Solomon at the bottom. Q So the CC says Norman Sullivan, but when you mailed the letter, the label said Norman Solomon? A Correct. I put it correctly on the name, Solomon, on my label, but when I put the CC, I put it as Sullivan. Q And how certain are you that copies of the civil penalty letters that were sent to Zip Third Investments were correctly mailed to Norman Solomon? A I'm 100 percent certain that none of those letters that were sent to that address ever came back to me. Q Okay. And what was the address that you used to send the civil penalty letters to Zip Third Investments? A 3055 Wilshire Boulevard, Suite 1010, Los Angeles, California 90010. Q Has anyone ever reached out to you in response to any of these civil penalty letters? A No. MS. PETRUSIS: I don't have any further questions, your Honor. www.di esassociates.com .472.9882 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Before we start cross-examination, I know we have been going for an hour and a half. I think it's appropriate to take a quick break. I'm going to pause the recording. Off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Back on the record after the break. Mr. Cole, do you understand you are still under oath to tell the truth? THE WITNESS: Yes, I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Callaway, cross-examination? MR. CALLAWAY: Thank you, your Honor. CROSS-EXAMINATION BY MR. CALLAWAY: Q Good afternoon, Mr. Cole. You testified before that you did some research, apparently, as a result of the complaint, and you went to research the CUPS for The Bank to determine what their operating hours are or were at that time. Do you recall testifying to that? A Yes, I do. Q Can you tell me what specific action you took to conduct that research? -- more specifically, where did you www.di esassociates.com .472.9882 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 go to conduct that research? A I went to Jaime Cardenas in the planning department and requested that he pull the hours of operation for The Bank. Q And approximately what month and year was that? A I would say around March of 2021. Q And did Mr. Cardenas provide documentation to you or did he then provide an opinion to you as to their operating hours? A He provided to me the hours of operation that were in the modification of the Conditional Use Permit. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I can barely hear you, Mr. Cole. Maybe you can move closer to the microphone. THE WITNESS: Is that better? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That's much better. I believe you said that he provided you with the operating hours? THE WITNESS: Correct, that were in the modification -- the latest modification of the Conditional Use Permit. BY MR. CALLAWAY: Q When you say he provided them to you, how did he do that? Was it verbal? Was it written? Or did he actually get you a copy of the applicable CUP and www.di esassociates.com �472.9882 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 modifications? A He got me -- it was verbal, and he got me a copy of the modification and the other attachments as well. The original CUP, the first, and second modification. Q When you say the first modification, are you referring to the October 2008 modification? A One of them included alcohol, that was the first one. And I don't have it in front of me with the date, but I'm assuming you're correct. And the second one was the entertainment piece. Q Do you ever remember getting, from Mr. Cardenas, a modification that extended hours? A I think that was the first modification that went with the Type 47 license. Q Do you have -- are you certain about that or are you guessing? A Based on testimony today, I'm fairly certain. I can look it up if you tell me the exhibit number. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, I just want to make sure you are there. I can't see you, so I'm not sure if you went off. MR. CALLAWAY: I thought I did that. My apologies. BY MR. CALLAWAY: Q Do you have Exhibit 5 available to you, Mr. Cole? www.di nesassociates.com 09 472.9882 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, sir. What page? Q It starts on A-15. A I'm on 15 now. Q Do you recognize this as one of the documents that Mr. Cardenas provided you? A It appears to be the same. Q And this pertained to the original CUP and the Type 47 liquor license, does that sound consistent with your recollection? A Yes. Q And then you said the other one that you were provided had to do with entertainment. I don't want to mischaracterize your testimony. I believe that's what you said. A Something like that, with the background music. Whatever it's called. Q Can you go to Exhibit 9, please? A What page? Q A-44. A Okay. I'm there. Q If you look at the subject line that it says "Type 47" -- I'm going to go to the middle, "Type 47, ABC license to allow for dinner entertainment for the purpose of providing background music." Is that consistent with your recollection of what you were provided by www.di esassociates.com IZO- 472 . 9882 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Cardenas? A Yes. Q Okay. Do you have a recollection of being provided any other CUPS or modifications, minor or otherwise, other than the two that we have just mentioned? A I believe the first -- the original Conditional Use Permit was included in the entire package that he gave me. Q But any other modification other than the ones we discussed just now? A No. Q You said that you first started getting complaints about The Bank operating beyond their hours in March of 2021; correct? A Yes. Q As a result of the complaint, did you personally go down and visit The Bank or observe The Bank during operating hours? A Yes, I did. Q How soon would that have been after the complaint came in? An approximation. I know we are going back a little bit. But if you remember, are we talking within a day or two or weeks or months? How quickly? A It would have been the following weekend, because I was already down there monitoring another business on www.di 12 esassociates.com 1 T472.9882 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Friday and Saturday nights. Q And as of the first time that you went down there, had you already received the CUP and modification documentation from Mr. Cardenas that we have just been discussing? A Yes. Upon the complaint, I would have gone down to him and asked to see the documents and discuss with him the hours of operation. Q In your discussion with Mr. Cardenas at that time, did you ever discuss the fact that the hours were extended to 2:00 a.m. pursuant to October 2008 minor modification of the CUP? A I don't recall. Q The first time that you went down to visit The Bank, did you initiate contact with anybody that you believed to be in ownership or management of the business? A No, it wouldn't have been in the field. I would have just done an observation that they were, indeed open. And I had already mentioned that it was either an e-mail or phone call with Mr. Puma. Q And how soon after getting that complaint did you communicate with Mr. Puma? A I'm going to say within 10 days. Q And, again, during the times that you have issued violations or citations to The Bank, what was your www.di f"nesassociates.com � Z0.472.9882 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 official job capacity? A I believe at that time, a senior code enforcement officer. And in the last year, I was reclassified as a supervising code enforcement officer. Q How about between 2012 and 2020, what would your position have been? A I'm thinking -- I would say closer to 2012, I was a code enforcement officer II, and in 2020, I would have been a senior code enforcement officer. Q Before becoming a senior code enforcement officer, would your duties still have included issuing violations and citations for people operating beyond hours? A Yes. Q So that's not something that just changed in 2020, you had already had at least an eight -year history of having that authority; correct? A I had the authority, yes. Q In addition to having the authority, you would have been the one to actually issue the citation and violation letters? A Had I had a complaint and observed a violation, yes. Q Did you receive any complaints about The Bank operating beyond their allowable hour between 2012 and www.di esassociates.com PF472.9882 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2020? A I did not. Q Same question. Between 2012 and 2020, did you ever receive any complaints about The Bank serving alcohol beyond their allowable hours? A No, I did not. Q Have you ever issued any citations or civil penalties to The Bank for noise violations? A Yes, I have. Q And do you know approximately how many? A I don't have that number. I would guess around 12 to 15. Q Bear with me for just a second. Do you have Exhibit 13 available to you? A Yes. Q Starting at page 199 is the exhibit heading. If you could go to page 205. A Okay. Q Under Condition No. 28-C. Can you tell me what Condition 28-C is, if you know? A Okay. 28-C. Okay. According to this, it says, "Condition No. 28-C, Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is defined as including the licensed outlet on or off sale that, A, disturbs neighbors with www.di esassociates.com �472.9882 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 noise, loud music, loitering, littering, vandalism, urination, defecation, graffiti, et cetera; and/or, B, has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, et cetera. The licensed premises includes the parking lot." Q And paragraph 5 entitled Violations, can you read that for me? A Sure. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And Mr. Callaway, I'm going to stop you here for a second. I apologize, my preference is not to have witnesses read documents into the record. There's multiple reasons for that, not the least, which is our poor court reporter might start crying here any minute. It's very difficult to keep up. People read very fast. So, again, if a document is in evidence, and I believe that one is, there's no reason to read it into record. MR. CALLAWAY: It is, your Honor. I appreciate that. Understood. BY MR. CALLAWAY: Q Mr. Cole, paragraph 5, Violations, there are 17 violations noted below, stretching from April 9, 2021 with a $50.00 citation, down to June 12, 2021, with a $250.00 citation. And, actually, beyond that, date wise, it looks like the latest one was July 3, 2021, for a $250.00 www.di esassociates.com �472.9882 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 citation. Do you see that? A Yes, I do. Q Were you the one who issued those violations? A Without specifically looking at the citation, I would say chances are quite good that I issued all of those. Q Do you know why those citations ended with the last date being July 3, 2021? A Yes, I do. Q And what was the reason? A They turned their music down and took their speakers -- took them from being outside. They removed all of the speakers that were projecting music outside. Q And was that the result of you speaking with somebody there directly at The Bank? A I believe so. Q Do you know who that was? A Chris Caipo. Q And what was your understanding at that time of Chris's position relative to The Bank? A That he was a contract DJ. Q How long did it take from you -- let me back it up. You spoke to him directly, then? A I did, yes. www.di esassociates.com � Z0.472.9882 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And did you make a request for him to resolve the decibel issue? A Yes, I did. Q Did you provide him with any suggestions on how to, or was it something he handled on his own? A He handled it on his own in lieu of me issuing him a citation directly. Q So you had discussed with him issuing a citation directly and personally to him? A Correct. Q How long after you had that discussion was the problem abated? A I believe the following week. Q Any issues with that since that time? A Not with the noise, no. Q Okay. A I take that back. You know, when I reflect, I believe after the speakers went inside, I started receiving complaints about Sundays with the noise, so I did go down there and had been going down on Sundays to monitor the noises. And it may have taken a few weeks for them to realize I was there on Sundays. And I believe once they realized it, they started to comply. Q Did you issue any citations or violations related to your Sunday visits? www.di esassociates.com �472.9882 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I believe I did, perhaps one or two. I would have to look at the dates of these to see. Q And do you believe that that problem has been resolved? A Yes. Q You testified about going down to The Bank after 11:00 p.m. and seeing people inside drinking. Do you recall that testimony? A Yes. Q Do you recall people eating food? A No. Q Do you know one way or the other whether food service was available in The Bank while you were making those observations? A I don't have information one way or the other on that. Q You testified about the decibel noise level at 70. Is that number, that 70 decibel level, applicable to any time of the day or after a certain time? A It's all day and all night long. Q Seven days a week? A Correct. MR. CALLAWAY: I don't have any further questions. Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. www.di esassociates.com irl�WA472.9882 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Martyn, cross-examination? MS. MARTYN: Thank you, your Honor. CROSS-EXAMINATION BY MS. MARTYN: Q Mr. Cole, just a couple of questions. First, the August 20th letter that we talked about, it is Exhibit No. 12. I don't know if you need to pull it up or not. It's a simple question. A Go ahead. Q It's not signed, and it's only dated in the footer. Do you know why that is? A I would have signed the original. And it's only dated in the footer because that's the only place I dated it. Q Okay. A It's not typical to send a letter like that out. Q Okay. So what we have heard from Mr. Watson's testimony is that there were two addresses that were used for Mr. Solomon. I'll call him the property owner if that's okay. Do you know why some of the materials were mailed to The Bank and some were mailed to the Wilshire address? MS. PETRUSIS: Objection. I don't know which materials we are talking about. www.di nesassociates.com 09 472.9882 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: Okay. I can say it a different way. That's fine. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. BY MS. MARTYN: Q Let me ask about the administrative citations. And, I mean -- by which I mean the actual administrative citations. Because there's two sets of citations, the administrative citations and what you call the civil penalties; right? A Yes. Q So the first set of administrative citations, did you serve those personally or did you mail those? A I mailed those certified and regular mail. Q And you mailed them to The Bank? A I mailed them to the agent for service for The Bank. Q Okay. And then on the civil penalties, you mailed those to the addressees for The Bank, but you also mailed regular mail to Mr. Solomon who is CCed as Mr. Sullivan; is that correct? A That is correct. I did not initially mail the civil penalties to Mr. Solomon. We discussed internally about, does the owner know? Let's let the owner know. So I sent that letter that we discussed on August 20th. I also sent him copies of the civil penalties from that date www.di esassociates.com I �z 472.9882 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 forward. Q I guess I'm confused then. There were no civil penalties at that point in time, only administrative citations. Civil penalties began on February 26th of 2022. I believe I'm talking about the difference between what looks like a ticket and the letter. A The ones that look like a ticket -- Q Yes. Those are the admin cites; right? A I can look and tell you when the last one was issued. Q No -- A It would have been about February 2021. I take it back. A couple months after that. Because I initially started with administrative citations, and I issued 35 of those. So maybe some time around -- I'd have to look. Q It's okay. A I started with the civil penalty letters and I started copying Mr. Solomon on August 20, 2021, to current. Q Well, lets try that again. I know that you indicated that you mailed, by regular mail, the August 20th letter. And I believe you indicated that you mailed, to his address, the civil penalty letter that you -- that you discussed; is that correct? A Yes. www.di esassociates.com ��NT472.9882 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Sorry. I didn't mean to confuse you. I apologize. So if we look at the civil penalty letter, which is Exhibit -- it was page 198. It's the one that you used with Ms. Petrusis. So Exhibit 11, page 198. A Exhibit 11? Q Exhibit 11, page 198. It's the same one she asked you to look at. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That's Exhibit 12, not Exhibit 11. Page A-198. MS. MARTYN: No. I have Exhibit 12 as the August 20th letter. MS. PETRUSIS: It's page 98. MS. MARTYN: 98, and it is Exhibit 11? MS. PETRUSIS: Yes. MS. MARTYN: Thank you. Thank you. Okay. I'm sorry. BY MS. MARTYN: Q Okay. So Exhibit 11, page 98. The same one you were looking at before. A Okay. Give me a second. Q Take your time. A Okay. Q Okay. Can you look at the first paragraph -- the second paragraph, first sentence. And I'll only read a little bit of it. It says, "Pursuant to Temecula Code www.di QMnesassociates.com *f6 472.9882 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1.24.040, this correspondence shall serve as your official notice and order to pay a fine of $1,000.00 for continued violations of Code Section 17.04.010." Do you know what 17.04.010 is? A Yes, but I'm looking at page 98 in Exhibit 11. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. I don't see 17.04.010 on page 98. Maybe we are looking at a different page, Ms. Martyn. MS. MARTYN: What code section do you see? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: 9.20.040, Sound Standards. MS. MARTYN: Okay. Let me get out a different -- let me ask a couple of more questions, and I will get out a different paper. BY MS. MARTYN: Q So to go back, you mailed these regular mail in general; isn't that correct? A That is correct. I mailed them regular mail to Mr. Solomon and Ms. Moore and to the agent of service, and I mailed them certified and regular mail. Q Okay. Great. So let me -- I know you are going to have to look at them to answer this, so I'm reluctant to ask. Are all of the civil penalty letters the same? A They are similar. Q Okay. Can we look at the first civil penalty www.di esassociates.com F472.9882 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 letter? A What page number is that? Q Page 87, I believe. A In Exhibit 11? Q Yes, sir. A And page 87? Q Yes. A Okay. Q Okay. So I want to ask about the same language that I asked you about on page 98. It says that there were violations of the Temecula Code Section 17.04.010. A Yes. Q Okay. Is that correct? A Yes. Q Okay. And do all of the civil penalty letters say the same thing, or does it change at some point? A It changes based on the code and the dollar amount. Q What do you mean "based on the code"? The dollar amount, of course, changed. I understand that. A I'm trying to answer your question. Q Okay. So I understand the dollar amount changed. How did it change based on the code? A This is an initial fine on the civil penalties, so it was for $500.00. www. di r,.T.(a j _-nesassociates . com - 310.472.9882 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A The code allows us to go up to $1,000.00, which we did, and then the Temecula Municipal Code would change based on the code that they're violating -- Q Okay. Go ahead. A For the other violation of the noise ordinance that we talked about in Section 9, and then also the occupancy -- there was a couple of things that were written for being over occupancy. Q So is there a civil penalty letter on page 88 or 89 that is for violation of Temecula Municipal Code 17.04.010? A Can you repeat the question, please? Q So I'm looking at a copy of the civil penalty notice and order from February 26th, that refers to a violation of the Municipal Code Section 17.04.010. MS. PETRUSIS: I don't see the February 26th. MS. MARTYN: February 26, 2022. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't know where you are reading from. I don't know what page you are on. Are you on page 8 or 88? MS. MARTYN: They're in the record. We won't -- THE WITNESS: February 26, 2022. MS. PETRUSIS: Mr. Cole, there's no pending question. www.di esassociates.com 185 �I6.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Wait, Mr. Cole. Okay. Ms. Martyn, now we are getting confusing because we are on different pages. MS. MARTYN: Yes. I'm sorry. Mr. Cole, I believe, has found the page. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: What page would that be exactly, so I can follow along, Ms. Martyn? MS. MARTYN: I was waiting for you. You had asked Mr. Cole a question. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No. I'm asking you what page are we referencing for your question, Ms. Martyn? MS. MARTYN: I can't tell because the page I have doesn't match what you have. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So you don't have Bates numbers at all? MS. MARTYN: I have Bates numbers of the page, but I don't have it on this page. But he found the page, so perhaps he can answer the question. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I need to know what page he's on. MS. MARTYN: Does he know what page it's on? THE WITNESS: I'm looking at the copy of the original citation. I'm not looking at the exhibits. www.di esassociates.com 472.9882 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So that's a problem. I need to know what document he's looking at, Ms. Martyn. MS. MARTYN: Then we can, perhaps, come back to it later after I look it up. And then I will do that. I believe Ms. Petrusis has another witness, and I will look up the exact pages. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Well, I mean, this witness is under oath. Now is the time to ask questions. I'm not bringing him back. MS. MARTYN: Either we let it go or I need to go into CaseLines and pull that up. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Then you need to go into CaseLines and pull that up. Now is your time to ask the question. So we are not going to bring him back in because we weren't on the right page. MS. MARTYN: We will just leave the question. I think there's enough -- I think there's enough here to be raised if I need to later. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I mean, the document is in evidence, so the document speaks for itself. MS. MARTYN: The documents are in evidence. They do speak for themselves. That's sufficient. I won't torment Mr. Cole anymore. www.di esassociates.com �'273 472.9882 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any further questions for Mr. Cole? MS. MARTYN: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any redirect, Ms. Petrusis? MS. PETRUSIS: No, I don't. Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, Mr. Cole, you may be released. Thank you for your time. THE WITNESS: Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And Ms. Petrusis, just to let you know, I only have one exhibit that has not been admitted on yours, and that's Exhibit 15. MS. PETRUSIS: And I'm not entirely sure I'm going to being asking to move it into evidence. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. That's fine. Do you have any further witnesses, Mr. Petrusis? MS. PETRUSIS: I do. So just to give you a heads up and counsel a heads up, next I have Sergeant Hephner from the Riverside County Sheriff's Department, and then I have two civilian witnesses after that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You www.diesassociates.com 3472.9882 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have a total of three witnesses. And for our timing and looking at this, this set for one more day. I'm hoping that we have sufficient time. Ms. Martyn and Mr. Callaway, can you maybe give me an estimate of your witnesses you will have testify? MR. CALLAWAY: Yes, your Honor. Three. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And Ms. Martyn? MS. MARTYN: Two, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Do we think we have sufficient time for one more day to get all of this covered? MS. MARTYN: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Can you tell me how long the witnesses are going to take? Are we talking an hour each, or how much time will it take? At this point, I think it might make sense to continue on with Ms. Petrusis's witness and see where we are at the end of the day, and then we will circle back on that issue at some point tomorrow if I feel like we don't have enough time, then I may continue this for an additional day of hearing. And I can tell you right now, it's not going to be this week. I have other hearings to deal with, so we will have to deal with finding a date. Okay? MS. MARTYN: Yes, ma'am. www.dilr3?Inesassociates.com 3I0.472.9882 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Petrusis, your next witness. MS. PETRUSIS: Yes. The City would like to call Sergeant Hephner. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Sergeant Hephner, are you there? SERGEANT HEPHNER: I am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Can you have your camera on? SERGEANT HEPHNER: It is on. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Now I can see you. Sergeant, I'm going to place you under oath. Can you please raise your right hand? JOSHUA HEPHNER, called as a witness, and having been first duly sworn by the administrative law judge, was examined and testified as follows: WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You can put your hand down. And, now, could you please state and spell your full name for me? THE WITNESS: Joshua Hephner, J-O-S-H-U-A H-E-P-H-N-E-R. www. di T302nesassociates.com 3Z0- 472 . 9882 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you, Sergeant Hephner. Ms. Petrusis. MS. PETRUSIS: Thank you. DIRECT EXAMINATION BY MS. PETRUSIS: Q Sergeant, where are you currently employed? A I'm currently employed with Riverside County Sheriff's Department, Southwest Station that is contracted to serve the City of Temecula. Q And just to get this out of the way, is it commonly referred to as the Temecula Police Department? A Yes. Q So even though we call it the Temecula Police Department, it is staffed by members of the Sheriff's Department; correct? A Correct. Q How long have you been a peace officer? A Since 2010, so 12 years or so. Q And what is your current rank and assignment? A Sergeant assigned to our Metro Team which consists of the Old Town Temecula area. Q Have you ever worked in a gang -related investigation assignment as a peace officer? www.di esassociates.com 3 .472.9882 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I did. Q And can you tell us approximately when that assignment was? A Yeah. From about 2017 to 2020, give or take, somewhere in there. I was assigned to Moreno Valley Station where I was assigned to our Special Enforcement Team Gang Unit where I dealt with gang enforcement on a daily basis. Q Did you receive specialized training for that assignment? A Yes. I'm also a gang expert for Riverside County, deemed an expert by the court. Q How long have you worked in the City of Temecula's specific assignment? A Since January -- New Years Eve, so 12/31 of 2020. So my first full year was 2021. Q Okay. And so since that time you have been assigned in some capacity to the City of Temecula Police Department? A Yes. The first year I was on graveyard here in Temecula, where I worked Wednesday through Saturday, which I still work now. And the hours I worked on graveyard, I spent a lot of time in Old Town Temecula when the Metro Team was formed and Sergeant Pearson was the supervisor of the team at the time. www.dilr3Q nesassociates.com 3I0.472.9882 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So I'd like to now start talking about the Old Town area of Temecula. At some point did the Temecula Police Department notice particular issues or challenges with the Old Town area? A Yes. I would say it probably really started around COVID, the major pandemic. A lot of the other cities -- surrounding cities were shutting down their bars and nightlife per the governor's orders. And as things started to open back up, Temecula opened up, I believe, a little sooner than most, so we were having an influx, I guess you could say, of people coming from outside of the area creating bigger numbers down in Temecula that were causing issues. That all transpired some time in 2020. Q And you mentioned "causing issues." Can you be more specific? What were the specific issues? A Yeah. So you kind of get a mix of people from different areas and backgrounds, and then with more people along with, you know, alcohol, and results of overserving of people, which leads to fights, frequent fights, disturbances that deputies are responding to, and significant amount more DUIs and things of that nature. Q Okay. And so what, if anything, did the police department do in response to this rise in these issues? A So in March of 2021, the City created a -- what is now called the Metro Team, which is now a team of www.di esassociates.com 3.472.9882 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 myself, a corporal, and six deputies that are in vehicles and two motorcycle officers, along with a community Q And what was the purpose of the Metro Team? A So the purpose really was for the people or the deputies assigned to the team to provide a safer environment for the Old Town area being that, you know, it's seven blocks or so to cover. There are a ton of bars, restaurants, and small businesses in the area that we primarily serve. The purpose of that was to build relationships with the business owners and the public down there to, like I said, make them feel more safe and to try to deter some of the uptick in crime that we were seeing by having a larger footprint or presence in the area. Now that it's more saturated by law enforcement, you probably can find, you know, a deputy on a corner at any given time in Old Town while our team is there. Q And how often would the team go out -- what was your typical -- for lack of a better word -- shift for the Metro people? A Primarily, now we work Wednesday through Saturday. Thursday through Saturday are really, probably, the busier days in Old Town. I say that because the nightlife down there is what is really the primary area of www.di� esassociates.com 3472.9882 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 concern. During the day, it's just the regular, everyday shoppers and tourism and businesses down there, and I don't really see a ton of issues. It comes in the evening. So Thursday through Saturday, we work 3:00 p.m. to 3:00 a.m. And like I said, pretty much, there's, like, a regular dinner crowd, I would say, up until about 9:00 or 10:00 p.m. at the latest, then you can see a shift in the people that are down there. It morphs into more of a nightclub -type vibe. Q Okay. Are you familiar with a restaurant called The Bank? A I am. Q Where is it located? A It's on the corner of Old Town Front Street and Main Street. 28645 Old Town Front Street. Q At some point did the police department notice particular issues with The Bank? A Yes. Shortly after the Metro Team was formed -- like I said, it was formed under Sergeant Pearson, who first had the team in March of 2021, and I believe until June or so. He told me that he saw a larger -- he saw issues begin to arise with overserving at The Bank, disturbances caused as a result of that overserving, and, like I mentioned, more DUIs and fights. And then there's www. dilr3apesassociates.com ffU.472.9882 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 also some complaints that some of the security were a little heavy handed. Those were complaints from citizens that were there. Q Okay. And I apologize. Just to kind of keep the chronology straight. If the Metro Team was formed in about March of 2021, when did you join the Metro Team? A In October of 2021. Q Okay. So have you personally noticed, or observed, I should say, those types of incidents at or connected to The Bank? A Yes. Q Okay. So let's start off with -- I mean, you can start with describing whichever incident that you want to start with. I'd like you to describe, in as much detail, the incidents that you have personally observed at The Bank, to the best of your recollection, that you believe are connected with how The Bank is operated. A Okay. Well, like I said, I believe a huge part of the issues come from overserving. People become, obviously, more belligerent and a little more out of control with alcohol, as you can expect. So throughout my time so far on Metro, being assigned down there and with my guys and speaking with them about their daily routines and the issues that come about -- you know, we brief frequently to see what issues www.di esassociates.com 3I0:472.9882 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have down there, I would say that we are all in agreement that there's several fights that -- you know, physical altercations that we observed up to and including a homicide, which I'm not sure if it has been touched yet upon in this meeting. But I guess I can start there, with the homicide that occurred in -- I want to say it was January. Let me make sure I have the date correct here. January 9th of this year, there was the homicide at The Bank involving a member or an ex -employee -- an ex -security guard of The Bank who was murdered on the patio there at The Bank. I was not working the evening of the incident. However, being assigned to supervise that team, you know, I was briefed on the incident and well -aware of what occurred. Q Let me stop you there. Is that -- was it regarding a shooting at The Bank? A Yes. Q Okay. So we can call that the January 2022 shooting. And what is the status of the investigation and any criminal prosecution? Because I want to be mindful of not disclosing information that could be detrimental to the ongoing prosecution. A Yes. So two suspects were arrested in that case. One, I believe, has pled guilty to conspiracy or being an www.di TMWesassociates.com MT.472.9882 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accessory to the murder, and the primary murder suspect is still pending trial. That, obviously, will take some time in the court process -- Q I didn't mean to interrupt you. A That's okay. I was going to give just a brief initial synopsis of the incident, not to jeopardize any part of the investigation. I believe most of it has been completed. It's just pending in court. However, as I started to mention, it was a shooting that occurred. There was a disturbance between patrons on the patio, and the subject, who was murdered, was a prior employee of The Bank. He was a security guard who, I believe -- I'm not sure. I can't remember if he was terminated from The Bank or what. However, that incident -- or that leads me to another topic of security. And I'm not sure if we want to cover that now or later, or talk about this first? Q We'll talk about the issue surrounding the security personnel. So this January 2002 shooting, did it happen on The Bank's premises? A Yes. Q And you can just generally describe the facts surrounding the shooting? A Sure. So there was a disturbance between multiple subjects in what looks like was between two www.dilMatinn-esassociates.com 3472.9882 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different males on the patio of The Bank. It escalated into one of them pulling a firearm out, a handgun, and shooting at the other as he began to run away. During the shooting, the primary victim was hit and deceased, and there were other subjects, patrons that were standing outside on the patio as well, nearby, that were hit as well, that were uninvolved. Q So how many people were injured in total as a result of that incident? A I want to say -- I don't have the report in front of me because they're locked because it's a homicide. And I don't have access to all of them; however, I want to say at least three. Q Okay. And do you remember what time the incident happened? A It was at, like, 10:40, I believe, in the evening. Q Okay. And during -- I'm sorry. You mentioned a January date -- January 9, 2021? A 2022. Q I'm sorry. You are right. January 9, 2022. A Yes. Q Okay. Did you receive any information about whether alcohol was involved at all in this incident? A Whether anyone involved was drinking? I believe www.diT9nesassociates.com 30.472.9882 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they were, yes. Q The victim, you mentioned, was a former security guard at The Bank. How did you find that out? A From my assignment down there. When I heard the name of the victim, I was -- I had already -- I was already familiar with the victim due to prior incidents involving him at The Bank. So I already knew previously that he was a security guard there. Q And when you mentioned previous incidents involving this person, what are you referring to? A There were -- there was one incident, I, for sure can, recall, where he was the suspect in a violent assault that occurred inside of The Bank near the -- kind of the dance floor near to the stage where he got into a physical altercation and he, essentially, knocked somebody out and they fell back and hit their head on the stage and had to be hospitalized and required some stitches. Q And were you familiar with the criminal history of this individual, this security guard? A Yes. He was, I believe, on probation and had been previously convicted of other crimes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I didn't hear what you said. He was on probation and -- THE WITNESS: Been previously convicted of other crimes. www.dil esassociates.com 310'472.9882 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PETRUSIS: Q Those crimes, were they felonies? A I believe so. I don't have his criminal history in front of me, but from what I remember at the time, yes. Q So the victim of the shooting that happened on The Bank's premises, he was a former security guard of The Bank, and he was on probation and had been previously convicted of a felony -- at least one felony? A Yes. Q Is there anything else about that shooting incident that you feel is important to this proceeding that we didn't already discuss? A No. Q Are you familiar with a November 2021 shooting incident at Old Town Temecula? A Yes. Q And can you describe the circumstances surrounding that shooting? A Yes. So that one occurred near The Bank on Main and Front. There were patrons at The Bank who were there. I don't recall if they had been drinking or not; however, I believe so. They were there celebrating a birthday, if I remember correctly, and at some point in time, somebody that was with the group at The Bank got into some verbal altercation with somebody else that was outside of www.di.-rMcmjrnesassociates.com 310.472.9882 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Bank. And just -- I don't know, I'm trying to estimate feet. Maybe 150 to 100 feet just on Main Street near The Bank is where the shooting occurred. So there was the initial verbal altercation, it moved outside, and a shooting occurred on the sidewalk outside of The Bank, and that victim was taken to the hospital by somebody. And a suspect, I believe, was identified in that case. And I'm not sure about the adjudication on that as to what occurred. Q Okay. So we have now talked about two shootings. Are you aware of any other shootings that happened in Old Town Temecula that have some sort of connection to The Bank? A Not in my time being there. Q So you mentioned kind of a laundry list of other types of incidents, DUIs, and I believe you mentioned assaults. Can you tell me about these other incidents that you have personally, in some way, been involved in or have witnessed either at The Bank or connected, in your opinion, to The Bank? A Yes. So I'll speak first to DUIs, for example. Actually, before we do that, can I just back up really quick to just after the homicide occurred? Just because it's kind of close in time, I just want to make sure it's out there. www.dil��nesassociates.com 310472.9882 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Sure. What else did you want to add? A After the homicide in January, obviously, we were concerned, as I'm sure everyone else was in Old Town when there is a shooting where someone was murdered. So we tried to up the presence a little more in Old Town. Obviously, people were aware and people were upset and asking questions, and you know, is it safe to be down here, and so on and so forth. So during that time, during one of my proactive enforcements in the area, I stopped and spoke with somebody in front of The Bank -- and let me get the date. On January 13th, so just a few dates after the shooting -- there was a candlelight vigil and some roses -- candles were set up out front of The Bank for the victim. I just stopped by and spoke to someone who was there. I ended up getting their -- through a conversation, getting their information. They provided me a false name. And through additional investigation, I figured out who it actually was. The gentleman ended up having a loaded gun in his fanny pack that was attached to his body as I was speaking with him near The Bank. So he was a convicted felon unable to possess a firearm. So that was as another arrest at The Bank involving a firearm, like I said, just days after a homicide. So I would like to say that those types of www.di esassociates.com 3 .472.9882 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proactive enforcement -type of arrests, and possibly prevented another homicide or violent assault from occurring. Q Okay. Thank you. A You are welcome. Q So returning back to the list of other incidents that you have personally observed or been, in some way, connected with that, in your opinion, either happened at The Bank or connected to The Bank. Can you give us some more information about that? A Yes. So I'll start first with DUIs. For example, when we stop subjects for possible DUI or DUI investigation in Old Town or somebody leaving Old Town, the deputies will ask the people, you know, where they were coming from. There were, you know, several times where people would say, "I'm coming from The Bank," therefore, tying those DUIs back to The Bank. Granted, there are others that come from other places. I'm not saying they are all from The Bank; however, there are several. Assaults, we sometimes see those happen in front of us. They may not even be a call for service that's generated. Like I said, there's eight deputies or so assigned to the team that drive up and down that street very frequently on a regular basis. www.dilr3WFW2nesassociates.com 3472.9882 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And we do have good relationships with the businesses. And we will see a fight, you know, that occurs in front of The Bank on several occasions from the time that I've been on the team. Some of those are, like I said, calls for services that are generated, and some are ones that we see where they may not necessarily be a call for service. As far as a number to give you of assaults, I honestly can't give you a solid number. All I can say is there's several. We deal with several assaults a night, but not all there. However, like I said, they do occur there on a regular basis. When I say "at The Bank," meaning sometimes on the premises itself or directly in front of or adjacent to on some sidewalks near The Bank. I have also seen times where the security guards at The Bank will -- there will be some kind of assault or disturbance that's occurring, and they will push it out into the street to try to get it away from The Bank. And I personally have observed that myself. I know the deputies on my team have as well. Q What about instances of public intoxication? A Public intoxication as a result of overserving, that's another frequent event that goes back when we arrest someone for DUI. If we arrest someone for public intoxication or being drunk in public, it will be either www.dil esassociates.com 205 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in front of The Bank, once again, or it may be down the street one way or the other. However, we ask these people as well, when they're arrested, where they were, and there are several instances where patrons say that they were drinking at The Bank. Q Okay. These instances that you have described, the DUIs, the assaults, the fights, generally what time of the day are they happening? A Most incidents happen or occur after 10:00 p.m. for sure, but usually closer to midnight to 2:00 a.m. Q And have you personally observed The Bank operating after 11:00 p.m. on the weekend? A Every weekend, yes. Q Every weekend. And so these criminal incidents that you have testified about, are they happening after, for the most part, 11:00 p.m.? A A majority of them I would say that's safe to say. Q Okay. Have you had any concerns about the security personnel at The Bank? A Yes. Q Can you describe why? A Yes. And I think we have met with The Bank ownership. When I say "we," my captain, lieutenant, myself, regarding, you know, issues at The Bank in www.dilr3lPWesassociates.com UG-.472.9882 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 general, but also involving security. So my concerns that have been voiced before are that some of the security have had criminal records, as has already been previously described with the homicide victim, on probation. Just not going through the proper licensing procedure to have licensed security guards. And I believe that they may be doing that now; however, during the time we were having these -- most of these issues, a lot of them, you know, they were not licensed. Not there to -- I would say they were antagonizing more frequently than they should. They shouldn't be at all. They are professionals. And there were other instances where -- there was one instance in particular on the November shooting that we spoke about, where deputies responded to investigate. And they spoke with some of the witnesses around. One of the witnesses identified was a security guard, who, the owner, Amanda, only knew as "Venom," I believe was the name given, which is a moniker or nickname. And when the deputies asked what Venom's real name was, she could not provide that to the deputies -- either could not or would not. Either way, they could not get that information. And then when trying to speak to him about what he witnessed, he was uncooperative and wouldn't provide information. So I have a big issue with www.di esassociates.com 3472.9882 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that, considering we, you know, try to work together down there with these businesses and have these good relationships, even with the security. So when we respond to the incidents like that, we like to have full cooperation, especially if it's something they witnessed and they have information that can help assist us in resolving that incident. Just along those lines of, like I said, him using the name Venom or a moniker, it's -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm sorry. Did you say "Venom"? THE WITNESS: Venom, like, snake venom. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. THE WITNESS: When I hear those types of things being used -- there is security guards with other monikers and nicknames there. But the first thing that comes to my mind in having the gang background, is that I know gangsters to use monikers. They don't use real names, they don't want people to know their names, and they are uncooperative most times. So coming from that background and going there and seeing a security guard who only wants to provide a moniker and is less than cooperative, I don't know if he is or was a gang member. I don't want to assume that, but that's what it appears based upon the actions that were www.di13472.9882 esassociates.com �� 472 . 9882 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taken, from my experience. BY MS. PETRUSIS: Q Now, in your opinion, as a member of the Metro Team, as a member of law enforcement specifically assigned to this area in Old Town Temecula, is how The Bank operates connected to at least some of the criminal activity that you have testified about? A Yes. Q And why do you say that? A Why? Like I said, the overserving and statements given by people involved in incidents kind of speaks for itself. The overserving is a large issue that results in a lot of these incidents occurring. Then having security there that attracts -- you know, when you have people working there that are on probation, a criminal record, et cetera, those people are generally not hanging out with the most upstanding citizens, and usually hang out with other probationers and people that have criminal records. I'm not saying that's all the time, however, that's been my experience. So I believe -- it's my opinion that some of the security is attracting or bringing, you know, friends to the location that are probably less than desirable that may be adding or aiding to the issues that they're having. MS. PETRUSIS: Okay. Thank you. I don't have www.difftalnesassociates.com ffO.472.9882 209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 any further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. All right. Before we start cross-examination, I think we might need to take another break here real quick. It's 3:47, and we are going to -- now it's 3:48. I'm going to take a 10-minute break off the record here, and I'll pop back on at 3:58. Off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We are back on the record after the break. Sergeant Hephner, do you understand you are still under oath to tell the truth? THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Callaway, cross-examination? MR. CALLAWAY: Thank you, your Honor. CROSS-EXAMINATION BY MR. CALLAWAY: Q Good afternoon, Sergeant Hephner. A Good afternoon, sir. Q You testified about a vigil outside of The Bank following the homicide there; correct? A Yes. Q Do you recall that happening on January 13th? www.dillgjpnesassociates.com 3�0.472.9882 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The vigil? Q Correct. A Yes, I believe it was kind of an ongoing candlelight thing. For multiple days, people would stop by and visit on different nights. Q You said that you arrested somebody who had a concealed handgun; correct? A Yes. Q To your knowledge, was that person ever inside The Bank? A They were on their property. I'm not sure if The Bank was open. To the best of my recollection, I don't believe The Bank was open for business that day or had the doors open. They had the candles out front. They were on the patio area near The Bank near the steps. Q And that was my next question. Do you have an opinion of whether The Bank was open at that time? A I don't believe the business was open. I think they were closed because of the incident. Q So when you say "vigil," are you talking about flowers, momentos, things of that nature? A I think by that date there were some candles left. I don't think it was a large footprint or as large as it was the day after the incident. Q And those items, as part of the vigil, were they www.di QJ esassociates.com � � .472.9882 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 on The Bank property? A From what I recall, they were near, like, the top of the steps, like, a rail -- a guardrail if, I remember correctly. Q And the person you arrested for carrying a concealed weapon, was he there -- is it your understanding he was there to attend the vigil? A Yes. I believe he told us that he came to pay his respects to the victim. Q Okay. Just so I have it clear, the vigil is on the property of The Bank, and this person was arrested for a conceal -- for a concealed weapon was at the vigil? A Yes. He was on the property, correct. Q So would you agree that his carrying the weapon and your arrest of him or your fellow deputies arrest of him had anything to do with what The Bank was doing or not doing? Would you agree with that? A I would say the type of people attracted to The Bank such as the subject carrying -- a felon carrying a firearm, I would say that, yes, it does have to do with The Bank. Q But he was there for the vigil. MS. PETRUSIS: I'm sorry. Objection. There's no pending question. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: He's asked www.digrmo�nesassociates.com 3T0472.9882 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this question a few times. I think we have covered that ground quite thoroughly. MR. CALLAWAY: Okay. BY MR. CALLAWAY: Q Sergeant, the shooting in November, were you present in responding to that? A No. Q You said that you believe it occurred near The Bank; is that correct? A Yes. Through review of the incident reports and -- I believe there's video surveillance as well. Q How close to The Bank did you believe the shooting to be when the shooting occurred? A It was on Main Street, I believe, near, like -- there's a little driveway to the rear parking lot that probably occurred, I would say, 100 feet, max. Q Do you know of a business by the name of Pennypickles? A Yes. Q Do you believe that the shooting occurred out in front of Pennypickles on the sidewalk? A I believe it occurred between The Bank and Pennypickles, probably a little closer to Pennypickles than The Bank where the actual shooting took place. Q Were you aware of any deputies going to The Bank www.di.�rMdjmTnesassociates.com 213 310.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to review video surveillance to see if anybody involved in that shooting had been at The Bank? A I remember them telling me, yes, that they went to The Bank to review video. Q Did they tell you that after reviewing the video, that they came to the determination that the people involved in the shooting had not been at The Bank? A No. Q Who were the people -- who were the deputies that you spoke to that you believe went to The Bank? A I can't remember the specific deputies -- after reviewing all of the incident reports from that date to tell you specifically. Q So as you're testifying today, what do you believe The Bank's involvement was in that shooting? A Like I said, the patrons involved that were part of the incident left The Bank just prior to the incident occurring. And I believe that was from statements given from the actual people involved, is that they were at The Bank and an argument ensued, which resulted in a shooting that occurred outside of The Bank. Q Is there anything that you believe The Bank could have done differently to prevent the shooting? A Well, I'm not 100 percent in that incident. Like I said, I would have to review the report. If there's any www.di13472.9882 esassociates.com �� 472 . 9882 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mention of overserving, that may have led or aided in that incident. Q So as you sit here now, you are not aware of anything specific or with any degree of certainty about The Bank contributing to that shooting by overserving; is that correct? A Not specifically, correct. Q The shooting that occurred that ultimately resulted in the death in January? A Yes. Q It's your belief that the person who was killed used to be an employee of The Bank; correct? A That is correct. Q Do you know where he was an employee of at the time of his death? A I believe Espadin, another restaurant. Q Do you have an understanding as to how long prior to the shooting that he had been terminated from The Bank? A I don't know. Q Is there anything that you believe The Bank did to contribute to the incident? A Not specifically, no. Q Okay. You've identified an individual by the name of Venom. Could you be mistaken that the name was Virus? www.di1 3gesassociates.com 6.472.9882 215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, that may have been. Q Do you know how Virus got his nickname? A No. I don't really care. Q Well, you testified earlier that you were drawing some type of connection with your involvement in your expertise in gangs that it sounded like a gang name, and he did not want to provide you his name, so you drew that conclusion; correct? A Correct. I'm saying my opinion, based on my training and experience, that gang members frequently refer to themselves as monikers or nicknames. Q So if somebody told you that Virus got his name because he was an artist -- that was his artistic name, would that change your opinion of him? A As far as being cooperative with the police? Q Well, you basically labeled him a gang member before because of his moniker. MS. PETRUSIS: Objection. That misstates his prior testimony. He didn't label him as a gang member. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yeah. Okay. Objection sustained. I mean, maybe you can rephrase the question, Mr. Callaway. I think we are getting a tad argumentative. I also think he answered the question. The question was, so if someone told you that www.diQJ�esassociates.com 3T0:472.9882 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Virus got his name because he is an artist, would that change your opinion of him, and I believe your answer was "no." Am I correct? THE WITNESS: Yes. BY MR. CALLAWAY: Q Okay. Why wouldn't that change your opinion of him if you found out that his moniker came from a reason other than being a gang member? MS. PETRUSIS: Objection. Incomplete hypothetical. Vague and ambiguous. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to overrule the objection to the extent you understand the question. You can answer it, Sergeant. THE WITNESS: Sorry. It's getting a little convoluted. However, I would say that it doesn't really change my opinion. I believe -- I'm speaking to the fact of having security who is cooperative in providing information as far as their identification and a story as to what they witnessed to law enforcement. And I also said that, previously, that from my training and experience, that I know that gang members refer to themselves as monikers. I never once labeled him as a gang member because I don't have documentation of him being a gang member, so I wouldn't do that. I'm just www.di13esassociates.com ��.472.9882 217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 saying that type of activity, the actions that were taken, lead me to believe that some of that may be occurring. I have no documentation of him specifically, so I won't label him a gang member. BY MR. CALLAWAY: Q Okay. Fair enough. I appreciate that. Did you ever come to know his name as Luis Menendez? A Yes, we may have, days or, maybe, weeks after the incident. Q Do you recall if he ever approached you and gave you his name? A Like I said, I believe so, yes, long after the incident occurred. After some -- maybe talking to by the -- I think it was out of an attempt to save his job, from my understanding, because The Bank wanted to terminate him. Q They wanted to terminate him or had you learned that he was terminated the evening he wouldn't provide information to you and that he was terminated for that reason. Did you ever come to understand that? A I don't believe he was terminated that evening, because I believe there was an additional incident involving him where he was uncooperative with me. I don't think it was that evening. However, like I said, I do www.dilr3gVinnesassociates.com 3472.9882 218 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 believe he was terminated, I just can't remember when that occurred. Q Okay. You testified about security at The Bank. To your knowledge, are you aware of law enforcement ever arresting any security or bouncer at The Bank for their actions taken as -- in their duties? A An actual arrest being made? I would say, no, due to uncooperative witnesses or victims that did not desire any further action. Q Are there circumstances where you can arrest somebody based on you, as a law enforcement officer, and what you personally see? A Sure, yes. Q So was there ever an arrest of any security at The Bank based on anything that any law enforcement officer saw, to your knowledge? A Not to my knowledge. Q You talked about the fact that you believe that the security guards at The Bank were not licensed? A Correct. Q Do you know if they were ever required to be licensed? A Yes, I believe so. Q Do you know where the requirement of licensure comes from? Is it a city, state, county requirement? www.dil Inesassociates.com 30.472.9882 219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I can't remember. I don't want to answer that incorrectly, so, no, I'm not sure. Q Did you ever come to understand that within the last three or four months, the City of Temecula has required security to be licensed? A Yes. Q And do you have any understanding about whether The Bank has complied with that requirement that their security be licensed? A Currently? Q Correct. A No, they're not currently following all of the security requirements per the municipal code. Q I'm just talking about being licensed. It's your testimony that they have security guards who are not presently licensed? A Correct. Q Any names in particular that you know of? A No. Just speaking with the business owner, it sounds like they are attempting to go through that process; however, one of the requirements is that security guards where a shirt with the business name, their name, and the words "security" clearly marked. And as of last weekend, I believe there were a couple of security guards there who are still not wearing those items. And last I www.dilr3C',2nesassociates.com M- 472 . 9882 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 spoke with Amanda there, those specific ones have not been licensed yet. Q Okay. When you refer to Amanda, is that Amanda Moore? A Yes. I apologize. Q No problem. How long have you known Amanda in a professional relationship? A Probably shortly after I was assigned to Temecula, and -- probably starting in, like, March of 2021. And then in October, when I was assigned to Metro Team, that is probably when the professional relationship grew, because I was now assigned there and I spoke with them on a regular basis. Q How would you describe your relationship with Ms. Moore? A Like any other business owners. I stop and speak with them on our walks through Old Town. She will -- she sometimes reached out to me if there's information that she wants to share, and when I go there. I mean, she's cordial with me. Q When you say "information that she wants to share," is that in regards to the problems or issues in and around The Bank in and around Old Town? A Yes. However, I would say that it's my belief that some of that information sharing has since increased www.dilr31?'?�esassociates.com 3 472.9882 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a little bit more after the filing of this revocation. I wouldn't say it was as much prior, in my opinion. Q Did you ever have a conversation with her following the homicide where she told you she felt that law enforcement did not have their back? A We had a conversation with her. I don't remember everything that was specifically said in that conversation. I don't remember that statement specifically. Q Do you remember her making a statement that she was going to stop or lessen her cooperation as far as calling in incidents that she sees happening around Old Town? A After the homicide? Q Correct. A Not that I remember specifically -- a specific statement like that. Q Do you ever remember making a statement to her asking her to continue to cooperate with law enforcement and continue to, basically, communicate with you, letting you guys know things she's seeing with things going wrong around Old Town? A So I'm trying to think. There may have been a conversation that we had once, like, in Old Town about cooperation. I can't remember if maybe she was, you know, www.dil��nesassociates.com 3I0472.9882 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 upset about this hearing and the revocation process, et cetera, where she maybe said something to the effect that she would just worry about them there and that's it. So kind of, like, less cooperation. However, I think it was maybe that conversation we talked about, like, please, still continue to cooperate with us and provide us information. I mean, we have to work together if we are going to solve these problems. Q Going to the homicide in January of 2022, I just want to clarify. You were not working that evening? A No, it was on a Sunday, and I'm off on Sundays. Q You testified before that the victim in the homicide had previously been employed by The Bank; correct? A Yes. Q Did you ever come to learn about what caused the shooting to take place? A I believe there was some type of argument. What the argument was specifically over, I don't recall. I don't necessarily also want to go into too much detail about it considering it is still pending adjudication. Q Do you ever -- and, again, if you can't answer this, I appreciate the sensitivity. Do you ever remember being told that the deceased and the suspect knew each other before that night, and had, you know, to say it www.di esassociates.com 3 .472.9882 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 another way, bad blood between them? Had you ever heard anything of that nature? A I don't recall. I don't want to speak too much to that incident. Q Is there anything that you believe The Bank should have done differently that night with respect to that incident? A Not -- not specifically, no. Q Do you have a -- strike that. What was the name given to -- was it Metro -- Old Town Metro? A Metro is the name of the team. Q Do you have a base of operations in Old Town, a central location? A We have -- there's a store front or a building next to City Hall in Old Town which we currently -- our officers are here at the station in Murrieta, the unincorporated area. However, we do have an area where we do work as well at that store front in Old Town. And they are in the process of putting us there permanently, our office and everything. Q Can you describe for me the amount of foot traffic activity out in front of The Bank relative to other parts of Old Town? A I would say pretty close to the same. I would say from, like, probably 4th Street, which is, I guess, www.dil esassociates.com 3 472.9882 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 just north of The Bank near Coin -Op -- the name of that bar -- probably from there, all the way south to the Stampede, there's pretty constant foot traffic both ways. Q Okay. Thank you, Sergeant. I don't have any other questions. MR. CALLAWAY: Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. Ms. Martyn, cross-examination? MS. MARTYN: No, your Honor, none. Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. In this case, any redirect, Ms. Petrusis? MS. PETRUSIS: Yes, your Honor. I have just a few questions. REDIRECT EXAMINATION BY MS. PETRUSIS: Q So during your testimony in response to Mr. Callaway's questions about whether any Temecula police officers have arrested security personnel based on what they have observed, can you describe for us when a peace officer in California can arrest for misdemeanor? A Yes. Like, for a battery or a simple assault misdemeanor, for example, if something like that occurs, the victim that was assaulted needs to sign a private-person's arrest or be cooperative in that process www. dilrW Mhesassociates.com 3472.9882 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to make the arrest. We, essentially, effect that arrest for the citizen, however, they tell us that they want the person arrested. Q Is another way of putting that, that the officer must personally observe the misdemeanor in order to arrest, otherwise, it will require what we commonly refer to as either a private party's arrest or a citizen's arrest? A Correct. Q And in California, simple assault, Penal Code Section 240, that's a misdemeanor? A Yes. Q And in California, simple battery, Penal Code Section 242, that's a misdemeanor? A Yes. MS. PETRUSIS: No further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any cross-examination, Mr. Callaway? MR. CALLAWAY: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any cross-examination, Ms. Martyn? MS. MARTYN: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, thank you, Sergeant Hephner. You may be released. Thank you for your time. www. dilr3gWesassociates.com 3107.472.9882 226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Petrusis, is your next witness available? THE WITNESS: I'm going to check. Yes, he is on the Zoom. It is John Carrington. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And just to let everyone know, we have a half an hour, so I suspect we will not finish this. But we will start it. Okay. Mr. Carrington, are you there? MR. CARRINGTON: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Carrington, I'm going to place you under oath. Could you please raise your right hand for me? JOHN CARRINGTON, called as a witness, and having been first duly sworn by the administrative law judge, was examined and testified as follows: THE WITNESS: Yes, I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You can put your hand down. Please state and spell your full name for the record. THE WITNESS: Carrington, C-A-R-R-I-N-G-T-O-N, John. www. dilr3dfKhnesassociates.com 3Mr 472.9882 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Carrington. Ms. Petrusis. MS. PETRUSIS: Thank you, your Honor. DIRECT EXAMINATION BY MS. PETRUSIS: Q So, Mr. Carrington, what is your current employment? A I'm a private investigator. Q And you were retained by the City of Temecula? A Yes, I was. Q Specifically, were you retained by the City Attorney's office? A Yes. Q And have you ever been to The Bank restaurant in Temecula? A Yes, I have. Q And when have you been to The Bank? What date was that? A It was only one occasion, and it was July -- I believe July 10, 2022. Q Do you remember what day that was, July 10th? A Yes, it was a Sunday. Q And why did you go to The Bank on July 10, 2022? www.dil esassociates.com 3Mr 472.9882 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was hired and contracted by you to do an undercover investigation. Q What time did you arrive at The Bank on July 10th? A I arrived in the vicinity at about 7:15 p.m., just outside. Q And did you actually go inside of The Bank? A Yes, I did. Q And what time did you go inside of the restaurant? A Gosh, can I refer to my notes? Q Sure, if it would refresh your recollection. But you shouldn't read them out loud. A Right. I have the time marked down. It was, roughly, about 8:00 p.m. when I went inside. Q And how long did you stay at The Bank that evening? A Until, approximately, 11:00 p.m. Q Was The Bank still operating at 11:00 p.m. that Sunday? A Yes, when I left at 11:00 p.m., it was still in operation. Q Did you order any alcoholic beverages while you were at The Bank that evening? A Yes, I did. www. dilr3lflnesassociates.com 30.472.9882 229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What time did you order an alcoholic beverage? A I ordered it on several occasions. If I could refer to my notes for the exact time, I could do that. I ordered a few drinks that evening. Q If you want to go ahead and refresh your recollection. A Okay. Shortly after entering, probably around 8:30 p.m., I ordered my first drink, and then I ordered a second drink, Cadillac margarita, at 9:50 p.m. And then at 10:03 p.m., I believe, I ordered -- I asked the bartender if I can order another drink, and he said yes, and I ordered a shot of Don Julio Tequila. Q And that was at 10:03 p.m.? A 10:03 p.m. And then -- I'm just making sure. That was at 10:03 p.m., and I don't think I ordered any other drinks. I didn't want to drink too much. Q Okay. Did you notice what appeared to be patrons at The Bank ordering alcoholic beverages after 10:00 p.m.? A Yes. Q When was the latest that you personally observed what appeared to be a customer at The Bank ordering an alcoholic beverage? A It was sort of business as usual after 10:00 p.m. People would just come to the bar and order drinks every few minutes. In my notes, I wrote down that I saw at www.dilr3if),Pnesassociates.com 3M- 472 . 9882 230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10:39 p.m. six shots of Don Julio Tequila and pay for them. And that was about 20 minutes before I left. Q Okay. Did you take any noise readings while you were at The Bank on July 10th? A Yes, I did. Q What type of equipment did you use to take the noise readings? A I was using my iPhone. I have an app that I use. It's just called Decibel Meter, and it's an iPhone app that anyone can download. Q How many times did you take noise readings that evening? A I believe I took around four occasions, or attempted to. We got at least three occasions I took the noise reading. Q On those three occasions, were the readings ever above 70 DBA? MR. CALLAWAY: Objection, your Honor. There's no foundation as far as the accuracy of the equipment. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You can cross-examine with regard to that. She can ask the questions and you can ask those questions on cross. BY MS. PETRUSIS: Q Do you need the question again, Mr. Carrington? A Yes, please. www.di esassociates.com 3 .472.9882 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. On the three occasions that you took noise readings that evening, did you receive a result of above 70 DBA? A Yes, I did. Q Do you remember the specific noise readings that you obtained on those three occasions? A Yes. I used four different locations just for accuracy. And so, yes, I don't have them memorized, but I have them written down. Q If you need to refresh your recollection, that's fine. I would like to know the highest DBA reading that you received that evening. A Okay. So at 8:00 p.m., I was right across from the open patio, I received an 83 decibel reading. And then across the street in front of 1909 restaurant, which is just across one street on Main, I received an 80 decibel reading. And, then, later, at 9:30 p.m., 87, across the street at the curb. That was probably the highest. Q Okay. Was the noise music noise? A Yes, it was a DJ playing music. Q You testified earlier that you stayed until about 11:00 p.m.; is that correct? A Yes. Q And when you left at 11:00 p.m., did it appear www.dil�nesassociates.com 3I0472.9882 232 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that The Bank was still operating? A Yes. When I left, it was still operating. And I actually didn't intend to leave. I went outside to take the decibel readings and I intended to return. But they were serving alcohol as normal. Q Okay. So when you left the restaurant, what happened then? A I had gone across the street to the curb across the street to take some readings on my cell phone when I was approached by two off -duty security guards from The Bank. I recognized them from earlier being inside. They stood one on each side of me. And only one of them spoke. The gentleman standing on my left side, and he said that he would beat me up if I didn't give him my cell phone. Q And how did you respond? A I laughed at him. Q Did you say anything to him? A Yeah, I did believe that he intended to try to beat me up, I just didn't think he could. I laughed at him and I said, "No, I'm not going to give you my cell phone, and, no, you can't beat me up." Q And did he say anything back to you? A Yes. He accused me of taking pictures inside of The Bank of the bar. And I told him, honestly, that I did www.di esassociates.com 3 .472.9882 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not take any pictures inside the bar, because I had taken video. And so I said, "No, I didn't take any pictures inside the bar." And so he responded, "Well, if you're telling the truth, then I'll let it go at that." Q And you said that it was two individuals and that they were off -duty security personnel? Did I get that right? A Yes. Q And how did you know that they were off -duty security personnel from The Bank? A Well, I had been in there a few hours, and the security people wear this mauve -colored T-shirt that says "Security," on the back. And both of those gentlemen, earlier, I had seen them, for several hours inside, and they had the same T-shirt on, and they acted like security guards. Q Okay. After you left The Bank that evening at around 11:00 p.m., did you continue to surveil the restaurant? A I finished taking the decibel readings at the various locations, and then I departed. Q And what time did you depart from the area? A Probably around 11:20 or 11:25. Q You said 11:25? A Yes. www.dil esassociates.com 3472.9882 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And when you left the area at around 11:25, was The Bank still operating then? A Yes. I was only parked a short distance away, so from my car, I could still see the patio, and they were still operating. Q So why is it that you believe they were still operating? You could see the patio, but what was it about that that made you think they were still operating? A There were still people inside, and I could see individuals, and I could still hear music. MS. PETRUSIS: Okay. I don't have any further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In this case, cross-examination, Mr. Callaway? MR. CALLAWAY: Yes, your Honor. CROSS-EXAMINATION BY MR. CALLAWAY: Q Good afternoon, Mr. Carrington. A Good afternoon. Q You testified about taking -- I think I counted three readings? A Yes. Q As far as numerically that you provided, 80, 83, and 87. Are those the only three readings you took? www.dil esassociates.com 3472.9882 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. She just asked me for the highest, but I had taken three separate occasions, four readings from four different locations. Q And what type of device were you using to record the noise level? A An iPhone 11, my personal phone. Q Do you have any training in operating, whether it's a phone or any device, for the purposes of taking a decibel reading? A No training. Just use and experience. Q How many times had you used it before that night? A Well, I use it personally because I play in a band and I play guitar. And when we practice or when I play, I have to make sure it's under a certain level because my neighbors complain and the police do show up, so I use it for that to monitor my own music, actually. Q Simple question. How do you know the readings you get are accurate? A I just have to assume that the app is accurate. It's the No. 1 app for that on the iPhone store. Q Have you ever done anything to verify the readings that you have taken from that phone? A No. MR. CALLAWAY: Okay. Thank you. No further questions, your Honor. www.dil esassociates.com U07.472.9882 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Ms. Martyn, any cross-examination? MS. MARTYN: No, your Honor, none. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Any redirect, Ms. Petrusis? MS. PETRUSIS: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. In that case, Mr. Carrington, you may be released. Thank you for your time. THE WITNESS: Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, Ms. Petrusis, is your next witness available? MS. PETRUSIS: Yes, your Honor. It's Jeff Letourneau. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Letourneau, are you there? MR. LETOURNEAU: I am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. I'm going to place you under oath. Please raise your right hand for me. www.dilr3l Wesassociates.com 3472.9882 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JEFFREY LETOURNEAU, called as a witness, and having been first duly sworn by the administrative law judge, was examined and testified as follows: THE WITNESS: I affirm. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You can put your hand down. Can you please state and spell your full name for me? THE WITNESS: Jeffrey, J-E-F-F-R-E-Y, Brian, B-R-I-A-N, Letourneau, L-E-T-O-U-R-N-E-A-U. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Letourneau. Ms. Petrusis. MS. PETRUSIS: Thank you, your Honor. DIRECT EXAMINATION BY MS. PETRUSIS: Q Mr. Letourneau, what is your current employment? A I'm a licensed private investigator. Q And have you been retained by my office? A Yes. Q Have you ever been to The Bank restaurant in Temecula? A Yes. www.dilr3dE%nnesassociates.com 3 .472.9882 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When have you been to The Bank restaurant? A The 10th, the 20th, and the 27th of July. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Of this year? THE WITNESS: Of this year, yes. I'm sorry. MR. CALLAWAY: I'm sorry. Your Honor, I didn't catch all those dates. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I believe he said July 10th, July 20th, and July 27th. THE WITNESS: No, I'm sorry. It's the Wednesday, July 13th, Wednesday, July 20th, and Wednesday, July 27th. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. MR. CALLAWAY: Thank you, your Honor. BY MS. PETRUSIS: Q And why did you go to The Bank on those three dates? A Okay. I was informed by your office that there was a drag performance that had been scheduled inside the facility, and you wanted to monitor the hours they operated, and, also, the noise level outside of the building during the operating hours. Q So let's start with July 13th. A Yes. Q What time did you arrive at The Bank on July 13th? www.diT9nesassociates.com 3 0.472.9882 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. I think we arrived, maybe, around 7:15 or 7:30, but we were there for an event that was scheduled to begin at 8:00. So we were early, about 45 minute early. Q And what was the event that you mentioned that was scheduled to occur? A On the first night I'm speaking of, it's called The Quality Dance Party. Q And did that event end up happening at The Bank that night? A Yes. Q What time did it begin? A Well, we entered -- I was with a partner. We entered about -- a little after 7:30, and there they were still serving food at the bar. So it was scheduled to start at 8:00, but when it was apparent that it wasn't going to, we left and went across the street for a while. And I think the guests probably didn't start showing up until 9:45 of 9:50. Q And then did you end up going back over to The Bank that evening? A Yes. Q What time did you go back over to The Bank that evening? A If I could check my notes and make sure? I got it right. Okay. My video shot was at 9:20, but I think www.dilr3d§lgnesassociates.com 3ffT472.9882 240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we were there, probably, five minutes to 9:00. Q Okay. And when did the event start, then, at The Bank? A Well, I don't think the actual singing and production part started until about an hour after that. Q So was that after 10:00 o'clock p.m., then? A Yes. Q And can you describe what this entertainment event was? A It was a sort of a toned -down drag show that -- it's hard to describe. But it wasn't, like, a formal big production. The drag performers came out and they interacted with the crowd. And the one that was the primary MC of the night did some banter back and forth and did her number. And then the second entertainer came out and danced far more than the first one, but for a shorter period of time. Q Okay. And at any point during the evening, were there individuals singing? A The performers were lip syncing. They weren't singing themselves -- MS. PETRUSIS: I apologize, your Honor. I just got a notification that City Hall just lost power, and that's why you saw a bunch of people drop off. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I did see www.di esassociates.com 3 .472.9882 241 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a lot of people drop off, yes. That might be an issue. But notably, we are close to 5:00 o'clock. It's 4:42. I suspect we may have to take this for an extra day of hearing regardless. Given that we have lost a lot of folks from the City here, I think it's prudent to just end for today since we're so close to the 5:00 o'clock time period. So we'll go off the record and stop the recording. (The hearing adjourned at 4:43 p.m.) www.dil nesassociates.com 3 0.472.9882 242 11 0 3 4 5 6 7 8 9 10 lil lV 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING REPORTER'S CERTIFICATE I, Shelby K. Maaske, Hearing Reporter in and for the State of California, do hereby certify: That the foregoing transcript of proceedings was taken before me at the time and place set forth, that the testimony and proceedings were reported stenographically by me and later transcribed by computer -aided transcription under my direction and supervision, that the foregoing is a true record of the testimony and proceedings taken at that time. I further certify that I am in no way interested in the outcome of said action. I have hereunto subscribed my name this 28th day of September, 2022. SHELBY K. MAASKE HEARING REPORTER www.dilr Rnesassociates.com 243 3 f 472.9882 jaiE:3 1356 In the Matter of: THE BANK TRANSCRIPT OF HEARING VOLUME II September 01, 2022 Diatinc joncs & Associ'atcs Reporting and Videography P.J. Pox 1736 Pacific Palisades, California 90272 310.472.9882 1357 STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DEBRA NYE-PERKINS, ADMINISTRATIVE LAW JUDGE In Re: ) OAH Case No. 22022051021 The Bank ) PUBLIC HEARING Volume II TRANSCRIPT OF PROCEEDINGS Zoom Videoconference Thursday, September 1, 2022 Reported by: SHELBY K. MAASKE HEARING REPORTER 1358 11 Op 3 4 5 6 7 8 9 10 11 lr 13 14 15 16 17 18 19 20 PAI W 23 24 25 In Re: STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE HEARINGS DEBRA NYE-PERKINS, ADMINISTRATIVE LAW JUDGE The Bank OAH Case No. 22022051021 PUBLIC HEARING Volume II Transcript of Proceedings, taken via Zoom Videoconference beginning at 9:00 a.m. and ending at 5:37 p.m. on Thursday, September 1, 2022, heard before Debra Nye -Perkins, Administrative Law Judge, reported by Shelby K. Maaske, Hearing Reporter. www.dil esassociates.com 3Mr472.9882 2 1 2 3 4 5 6 7 8 9 10 owl 1V 13 14 15 16 17 18 19 20 01 1l 23 24 25 APPEARANCES: For the CITY OF TEMECULA: RICHARDS WATSON & GERSHON BY: JENNIFER PETRUSIS, ESQ. (Appearing remotely by Zoom) 350 S. Grand Avenue 37th Floor Los Angeles, California 90071 213-626-8484 jpetrusis@rwglaw.com For the ZIP THIRD INVESTMENTS, LLC: COLE HUBER, LLP BY: ELIZABETH L. MARTYN, ESQ. RICK EDWARDS, ESQ. (Appearing remotely by Zoom) 2855 E. Guasti Road Suite 402 Ontario, California 91761 martynlaw2000@aol.com For CNC PUMA CORPORATION: LAW OFFICE OF THOMAS JAMES CALLAWAY BY: TOM CALLAWAY, ESQ. (Appearing remotely by Zoom) 43537 Ridge Park Drive Temecula, California 92590 951-201-6982 esassociates.com www.diT 3472.9882 3 1 2 3 4 5 6 7 8 9 10 OWN 12 13 14 15 16 17 18 19 20 21 WA 23 24 25 I N D E X THE CITY'S WITNESSES: PAGE Letoureau, Jeffrey Direct Examination by Ms. Petrusis (Continued) 81 THE BANK'S WITNESSES Puma, Craig Direct Examination by Mr. Callaway 17 Cross -Examination by Ms. Petrusis 57 Cross -Examination by Ms. Martyn 73 Lane, Amanda Direct Examination by Mr. Callaway 84 Cross -Examination by Ms. Petrusis 151 Cross -Examination Mr. Edwards 168 Redirect Examination Mr. Callaway 182 ZIP THIRD INVESTMENTS' WITNESSES Solomon, Norman Direct Examination by Mr. Edwards 184 (Continued) 207 Cross -Examination by Ms. Pertusis 229 Cross -Examination Mr. Callaway 237 Fernandez, Lazaro Direct Examination by Mr. Edwards 199 Cross -Examination by Ms. Petrusis 205 www.difinesassociates.com 3I0.472.9882 4 1 0 3 4 5 6 7 8 9 10 11 11M 13 14 15 16 17 18 19 20 PAI 23 24 25 I N D E X (Continued) THE CITY'S WITNESSES: PAGE Stuart Fisk Rebuttal Examination by Ms. Petrusis 241 Cross -Examination by Mr. Callaway 245 Cross -Examination by Mr. Edwards 267 Recross-Examination Mr. Callaway 272 E X H I B I T S THE BANK'S MARKED FOR RECEIVED EXHIBITS: IDENTIFICATION IN EVIDENCE G - E-mails 148 H - E-mails 44 I - E-mails 56 K - Calls for Service 129 L - Calls for Service 132 M - Calls for Service 133 N - Calls for Service 134 0 - Calls for Service 135 P - Calls for Service 136 www.di T302nesassociates.com 3I0- 472 . 9882 5 1 2 3 4 5 6 7 8 9 10 11 110 13 14 15 16 17 18 19 20 21 22 23 24 25 E X H I B I T S (Continued) ZIP THIRD INVESTMENTS' EXHIBITS: PP - Bankruptcy Documents HHH - Dismissal Order MARKED FOR IDENTIFICATION www.di esassociates.com 3I .472.9882 RECEIVED IN EVIDENCE 205 205 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Remote Proceedings; Thursday, September 1, 2022 9:00 a.m. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I will continue the record for the second day of the Matter of The Bank and Zip Third investments regarding the Revocation of Conditional Use Permit issued by the City of Temecula, Administrative Hearing 202205021. And at the end of the proceedings yesterday, we were in the process of direct examination of Mr. Letourneau, and we will continue that this morning. So, Mr. Letourneau, I'm going to place you under oath again. Could you please raise your right hand for me? JEFFREY LETOURNEAU, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I affirm. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. You can put your hand down, Mr. Letourneau. MS. PETRUSIS: Thank you, your Honor. And a housekeeping matter, because notice was given to the www.diT3nesassociates.com 3I0.472.9882 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 public that this would be at least a two-day hearing and that they would be given the opportunity to provide public comment -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Before we can continue with Mr. Letourneau's testimony, is there any public comment? If there is any public comment, now is your time. Please speak up. Okay. Hearing nothing, Ms. Petrusis, we will go on with the direct examination of Mr. Letourneau. MS. PETRUSIS: Thank you, your Honor. DIRECT EXAMINATION (Continued) BY MS. PETRUSIS: Q Mr. Letourneau, if I remember correctly, you were in the middle of describing the live entertainment that you observed at The Bank when you were there on July 13, 2022, which was a Wednesday. So can you please describe what the live entertainment was that evening? A Yes. Primarily, there was a hostess who was the main entertainer and the director of the program, and one other performer that -- I don't know how much detail you want to go into? But was sort of an assistant to the main performer, but who arguably, did much of the dancing and climbing and whatever. That was the extent of the show. Q Okay. And at any point, did these performers www.di esassociates.com 3I .472.9882 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sing? A No, they lip synced. Q And the music, was it coming -- where was is coming from? A It seemed to be coming from the speakers near the stage at the -- if you enter the facility, the far wall. Q Okay. A The entrance sort of angles at 1:00 o'clock. Q Did the performer dance as part of their performance? A Yes. The first dancer danced in a -- sort of a dance, right? -- was not limber and petite like the second performer. The second performer did most of the dancing. Q How long did this entertainment last that evening? A If I could quickly look at my notes. I would say over one hour, maybe an hour and 15 minutes. Q So would that put it at about 11:00 p.m.? A Yes. They started shortly after 10:00, and I believe -- I have it in my notes -- an hour and 45 minutes was the length of the show. So maybe until, about, 11:45. Q Okay. Thank you. A And maybe a little longer. Maybe closer to 11:50 or 11:55. Q And when did you leave The Bank on the night of www.dilr3dM%ftnesassociates.com 3472.9882 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 July 13, 2022? A So I left at 11:09 to cross the street and get a sound reading, and then our final departure was at 12:20 in the morning. Q Okay. At 12:20 in the morning -- strike that -- A The following day. The following day, of course. Q Right. Did you notice what time The Bank closed down its operations that evening, or did you leave before it stopped operating that evening? A Around midnight, the customers had all departed. We waited a short while longer to see if anyone else was coming in. There were other people who had been walking by from other facilities, I guess, and none of them entered. And the breakdown began, and at 12:20, they were almost done breaking down the tables and the flags or whatnot. Q Did you notice patrons ordering alcoholic beverages after 10:00 p.m. that evening on the 13th? A Yes. Q Did you notice patrons consuming what appeared to be alcoholic beverages after 10:00 p.m. on the 13th? A Yes. Q Turning now to July 20th, which -- was that a Wednesday to best of your recollection? A That is correct. It's a Wednesday. www.dilr36)7nesassociates.com 3472.9882 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So July 20, 2022, what time did you arrive at The Bank that evening on July 20, 2022? A We first got there at 7:15, and then set up a viewpoint across the street at the restaurant in a corner lot, so we had a view of the full front entrance of the property and the set up. Q Okay. And how late were you there that evening on July 20th? A We left at 12:50 in the morning. Q Was there any type of live entertainment on the night of July 20th? A Yes. Q And can you describe what that live entertainment was? A So it was -- what would be described -- I would describe it as a typical drag show. It lasted approximately 90 minutes. Q When did it begin that evening? A It began at, I would say, probably about 9:15. Q And so is it safe to say, then, that it lasted until about 10:45? A Yes. Q And as part of this drag show entertainment, was there music? A There was music -- recorded music. www.dilr3fWesassociates.com 3I9-.472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And were the performers dancing? A Some were at some time. It wasn't really a dance performance, it was a move -about -the -crowd performance. There wasn't a whole lot of dancing with the way they had it set up. Q So what were they doing as part of the live entertainment? A As they sang, they would come up to people that had extended their hands with tips and lip sync to them briefly, receive the tips, and then move to the next customer, at times, doing dance moves, splits, et cetera. Q Okay. Did you notice any patrons ordering alcoholic beverages after 10:00 p.m. on the night of July 20th? A Yes. Q Did you notice any patrons consuming what appeared to be alcoholic beverages after 10:00 p.m.? A Yes. Q And how are you able to tell that people were ordering and consuming alcoholic beverages after 10:00 p.m.? A The facility is such that you can see the -- the bar is a full -service bar with seating. Although, I think the stools were removed that night. But you can see the orders being taken and change being given back. www.dilr3fPWesassociates.com MT.472.9882 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And is it safe to say that you observed that happening multiple times after 10:00 p.m.? A Yes. Q Did you personally order any alcoholic beverages after 10:00 p.m. at The Bank? A Yes. Just -- I'm not exactly certain, but I'm almost positive one or two beers for the person that was there. I had one drink, but I think I ordered that drink before 10:00 o'clock. Q On each of the nights? A I think the answer would probably have to be the same for each night -- the previous time and this time, yes. Q And you were with a partner when you were at The Bank? A Yes. My partner shot video, and I was taking still -shot photos. Q And the partner that was with you, that person consumed alcoholic beverages after 10:00 p.m. at The Bank? A Yes, as did I. I sort of nursed the drink throughout the evening. Q Okay. What time did you notice that The Bank stopped operations on July 20, 2022? A At 12:35 the following day. www.dilr3ffl%nnesassociates.com 13 3 .472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So 12:35? A Yes. Q Okay. Turning now to Wednesday, July 27th. What time did you arrive at The Bank on Wednesday, July 27, 2022? A 8:15. Q 8:15 p.m.? A Yes. Q And how late did you stay at The Bank that evening? A We parted at 12:15. Q 12:15 a.m.? A A.m., correct. Q On, I guess, July 28th, then? A Yes. Q Was there any live entertainment when you were at The Bank on Wednesday, July 27th? A Yes. Q What type of live entertainment was there that night? A Relative to the week before, I would say it was limited. It started with -- the only example we saw of a male dance performer, and then the hostess of the show. And I believe those were the only two performers that night. And we had actually been told that by the producer www.dilr3TInesassociates.com 3 0.472.9882 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that there would only be two shows that night -- I mean, two performers that night. I'm sorry. Q And when? I'm sorry. A If you could give me just one second to look. I think there were only two performers. There may have been one more, but I don't think so. I think it was -- I'm so sorry. It's two for sure, possibly three. Q Okay. That's fine. And what time did the live entertainment start on July 27th? A Okay. 10:45 p.m. Q And how long did it last? A I would say, maybe, about 45 minutes. Q So would that be approximately, then, 11:30 p.m.? A Yes. Q What time did you notice The Bank closing operations on the evening on Wednesday July 27, 2022? A At 12:15, the last of the customers had left and the breakdown was occurring. That's when we ended the surveillance and we departed. MS. PETRUSIS: I don't have any other questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Cross-examination Mr. Callaway? MR. CALLAWAY: Good morning, your Honor. No questions here. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. www.di f3gjqnesassociates.com 3 .472.9882 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Cross-examination, Ms. Martyn? MS. MARTYN: No questions, your Honor. Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In this case, Mr. Letourneau, you may be released. Thank you for your time. THE WITNESS: You're very welcome. Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Just one second here. Ms. Petrusis, any further witnesses? MS. PETRUSIS: No, but we reserve the right to call rebuttal witnesses if necessary. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. In that case, Mr. Callaway, do you have witnesses available and ready to go? MR. CALLAWAY: I do, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Callaway, your first witness. MR. CALLAWAY: Thank you, your Honor. The Bank calls Craig Puma. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Puma, are you there? MR. PUMA: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. www.di esassociates.com 3 .472.9882 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Puma, I can't see you, but I can hear you. Oh, there you are. Mr. Puma, I'm going place you under oath. Can you please raise your right hand? CRAIG PUMA, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And you can put your hand down. Could you please state and spell your full name for me? THE WITNESS: Craig Puma, C-R-A-I-G, P-U-M-A. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Puma. Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. DIRECT EXAMINATION BY MR. CALLAWAY: Q Good morning, Mr. Puma. A Good morning. Q Do you presently have a relationship with CNC Puma? www.dilr3 nesassociates.com 3 0.472.9882 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, I'm part owner. Q And can you tell me what CNC Puma is? A CNC Puma is Craig and Christy Puma, and it was our corporation started in 2007, which is the company that owns The Bank, and owns The Bank liquor license. It's the company behind The Bank. Q And at the present time, you are a part owner? A Yes. Q Have you been an owner of CNC Puma continuously since 2007? A Yes, originally as president and now as a board member. Q Do you have any involvement in the day-to-day operations of CNC -- strike that. Is The Bank of Mexican Food a dba of CNC Puma? A Yes. Q Do you have any involvement in the daily operations of The Bank? A Only as a consultant when they need my assistance, questions and things. Not day to day. Q Okay. Was CNC Puma started for the purpose of owning and operating a restaurant in Old Town Temecula? A Yes. Q And I'm sorry. What was your position with CNC Puma when it first opened? I believe you said you www.di esassociates.com 3 .472.9882 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were the president? A Yes. Q And at that time, beginning in 2007, were you actively involved in the day-to-day operation of running The Bank? A Yes. And I had another job as well, so I was doing both -- my wife and I were both actively involved. Q Is there a time that you quit the other job and devoted more time to operating The Bank? A Yes. In July of 2010, I went completely solely working with The Bank in terms of employment. Q Do you have access to the CaseLines evidence? A Yes, I do. Q I want you to go to the top under heading, A, Complainant Attorney Petrusis Evidence, do you see that? A What number? Q I just want to direct you generally to where the City's evidence starts. A Yes, I'm there. Q Okay. Good. And if you could go to Exhibit 4? A Okay. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, if you have a Bates number, I can send the direction directly to the page that you are interested in. MR. CALLAWAY: Starting at A-11. www.dilr3ffl%Mnesassociates.com 3ST472.9882 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I'm there. BY MR. CALLAWAY: Q Okay. If you could go down to the second page which would be Bates A-12? A Yes. Q Do you recognize that document? A Yes, I do. Q Can you tell me what it is? A It's the Minor Conditional Use Permit, and I was changing -- it's when I got an upgrade from a Type 41 beer and wine license only to a Type 47 full liquor license in an eating establish. Q And was that CUP application granted and approved? A Yes. And this one is also -- if I'm looking at the correct one, this one -- it also it says, "Extended hours." I don't know why it says that, but that's the original request for upgrade to the Type 47. Q If you could let me direct your attention to Exhibit 6. A Okay. Q If you look at the second Bates page on that one, it is A-29. A Okay. Yes. Q And do you recognize that document? www. dilr3VPesassociates.com 3ftU.472.9882 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, it's a minor modification. That's the one I was modifying the hours. Business was increasing due to the full liquor and we wanted to go until the State of California law which is 2:00 a.m., last call at 1:30. Q And was that application approved? A Yes. Q Were there any conditions that were put on you for that first modification in '08 that were different from the '07, other than the hours changing? A Yes, there were quite a few conditions once we got the full liquor license. And I don't have the list in front of me, but there is a list of things we were required to do, training for all the servers and bartenders. We were required to keep a clean house. They have a list of things. It's on the CUP, the items they required, now that we had a full liquor license. Q And you are referring to the CUP from 2007 that was approved in the beginning of '08; correct? A Well, I'm referring to both. Once you go to a liquor license 47, they have a requirement that everyone has a -- what's called a LEAD training or TIPS training -- wouldn't you know someone would come to the door. They just require that we all have a training that taught safe practices of alcohol serving. Q Okay. www.di lrfflWesassociates.com 3 .472.9882 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Give me one moment, please. I just have to get rid of this person. Q Okay. A Okay. Sorry about that. Q Not a problem. So I understand the first minor modification in '08 increased the hours; correct? A Right. Q And it increased the hours in what way? A Okay. Going back to your question, the 2008 increase of hours, there was no additional conditions. What I said about the LEAD training and the alcohol serving training was the 47 license. There were no additional requirements for the 2008 modification for longer hours, just to be clear. Q Okay. Thank you. And that was my question. Did the process for obtaining the minor modification in 2008 differ from obtaining the Conditional Use Permit in 2007? A The process itself? Q Correct. A The main difference was in 2007 -- in 2008, when we received the 47 license, ABC came out to inspect the property. And at that time, they did approve, but they also -- ABC had a condition, they wanted to open up the patio. They didn't like the fact that we walked directly www. di Ir3f9pesassociates.com 22 MT.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 under the bar in a non -alcohol area. So we actually had another application that I do not see anywhere here for a modification of the property to have alcohol on all of the patios that are walking up to The Bank, not just the bar patio. So I'm not seeing that application there. But that was the only difference was the visit by ABC on the initial 47 request and the additional hours, was pretty basic -- pretty quick. Q But for the first one for the 47 license, did it require a public hearing? A It's not a requirement. That was a director's review, and it was decided by the director. I don't remember -- well, it is a public hearing, but it was in a conference room with the director himself and members of police and fire. Q Would you say that getting the minor modification approved in 2008 was a more streamlined process than getting the original CUP for the 47? A Definitely. Q Go ahead. A We were only asking for the hour change. I don't remember it being real complicated. And I would say, if memory serves me on this -- I don't have notes -- it was all approved within a week or two, whereas the first www.dilr3dYinnesassociates.com 3472.9882 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process was three months. Q For the first minor modification in 2008, do you remember how the application process was started? Is it something that you mailed in? Did you go into the office or the City itself and do it over the counter? A Everything always started at the City level. They have a front counter, and then you get a number and wait for somebody to come up and take your documentation. In some cases, I would go to the counter first and talk to an individual and ask them what I needed to do. Other times, I would see -- they put all of the applications in public reach, and I would grab the application and fill it out and go to somebody at a desk and start the process. Q So at some point the 2008 was approved; correct? A Yes, it was approved. Q And at that time it was your understanding you had authority to keep The Bank open for business up to 2:00 a.m. any day of the week, 52 weeks a year? A Yes. Q I'm going to jump to the 2012, but before I do, do you have a background or a history of working for or being associated with the City of Temecula? A Yes, I was on the Old Town Review Board appointed by the mayor for nine years. I actually worked with the www.diT9nesassociates.com 30.472.9882 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 original director, Patrick Richardson, for -- if memory serves me -- for about seven or eight years, and then I worked with Luke Watson for his time as director. So I had a very good relationship with the City, the employees, and especially the planning department, because I was part of the advisory committee for the mayor on that board with Luke and his staff. Q Did -- A You are asking other things. I initially worked with the Visit Temecula Valley, which is the tourism district. We helped shaped Old Town into what it has become. I was the original founder and president of Old Town Temecula Association of Merchants, which all boards really looked to the improvement and vitality of Old Town. We wanted to create an entertainment and food district with tasting rooms for beer and wine. We were trying to create something, kind of what it is today. And I've actually gotten commendations from the mayor for the work that I have done during that period. So I have done a lot of work with the City. Q Would you characterize it as a positive experience? A Absolutely. Q Good relationships with the gentlemen that you mentioned earlier? www.di IrNMnesassociates.com 310- 472 . 9882 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Luke Watson, Stuart Fisk, Brandon -- all of the people there. I didn't have any issue with anybody at the City. Q And how about presently, still a good relationship? A As much as we have. We don't really speak that much. I know that when I send e-mails and have questions, they get back to me right away. There's no negativity whatsoever. Q Okay. And I want to jump forward to the 2012 application for a minor modification. If you could -- I'd like to direct your attention to Exhibit 8. A Yes. Q Starting with Bates number A-39, it is the Exhibit 8 cover page. The body starts at A-40. A Yes, I remember this. Q So do you recognize this document? A Yes. Q Okay. Can you tell me what the purpose of this document was for? A So I remember this because I went in and I grabbed what I thought was a Conditional Use Permit Application. I met with Stuart Fisk, and I had the paperwork filled out. He had told me that's not the right thing, but it's not a big deal. He said this -- they were www.dilr31'p�esassociates.com 3 .472.9882 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 requesting that I -- this was an application for music. I wanted some music. It was going on in town a lot. I had music inside and they told me, "Hey, a lot of the other restaurants, they had to pay for a permit to have the music, and we don't have a permit on file for you so we need to do some basic housekeeping, clean up, and we need to have you pay for a permit." So I went in and Stuart helped me and I filled out the application. He made a change to the paper, which wasn't a big deal, charged $300.00, and he, basically, told me at the counter that it was a staff decision, and that it was approved, and then I got the paperwork a couple days later. And when I say "paperwork," I mean, the Conditional Use Permit that had the addition of the music of which I kept the envelope for the Conditional Use Permit for the bartenders to access any time there was an authority that needed to come in and see it and ask for it. It had to be readily available, which is one of the requirements of the liquor license. Q In looking at this document, I'm going to direct you to the top half to the section Project Information. The section is between that and going down to the section that says Additional Project Information. So I will be asking you about the top. Do you follow? www.diT3nesassociates.com 27 3Z0.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q So looking at the top, is all of that your writing? A All of it except the $300.00, and then, of course, the writing above that. Q Okay. The $300.00, you didn't put that in? A Yes, Stuart put that in, and the rest of it is my writing. Q So were you actually standing at the counter down at the City with Stuart Fisk? A Technically, I was sitting, it's a desk. Q Okay. The subsection that says "General Description of Project or Event," that is your writing there; correct? A Yes. Q What was your intention -- what was it you wanted to get done by submitting this application? A I was respecting the City's request. We had already started music. I didn't know it was a problem. My understanding was as long as everything was inside and nothing was heard outside, that we were in compliance. They told me I wasn't in compliance and I needed to have a permit to have the indoor live music. So my intention was to have one person -- which I was already doing, one person, background music. It www.di esassociates.com 3 .472.9882 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wasn't meant to be a concert, just meant to be a little background music, light music. People would ask for their favorite songs, that type of thing. That's all the whole discussion was about. Q At the bottom of that subsection it says in parenthesis, "Daily noon through 10:00 p.m.," close parenthesis. Again, is that your writing? A That's in question. I think that was changed -- because I do remember the conversation that I had put the days that I actually had the music and Stuart had asked, "Are you sure you only want to stick to those days?" And I said, "That's when I have the music now." And he said, "Do you want to open it up to other days?" And I said, "Yeah, why not?" I did end up changing it. So I crossed out the bottom part where it says Additional Project Information. I believe that's his writing that says, "Daily noon to 10:00 p.m." It doesn't look like my writing. Q You know, I might be losing you. You are still up at the top subsection; correct? A I'm at both, really, because I'm talking about the comments about what time the music was to be played. So the section that's below Additional Project Information, that's my writing I changed, I believe. I don't believe that. I think that's his writing too. And www. dilrWYW2nesassociates.com 3472.9882 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think we talked about it, and I think that might be Stuart's writing at the top, "Daily noon to 10:00 p.m.," and where it's crossed out. I believe that he did write that. As you can see, I write in all caps and the other writing is in lower case. So I think that's his writing. Q Was it your intention in any way by this application to limit the hours to have entertainment, you know, within your authorized hours to be open? A I'm sorry. Are you asking if it's -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't understand the question. THE WITNESS: Was the intent to reduce my operating hours? BY MR. CALLAWAY: Q Was it your intention to have the hours for entertainment be less than your operating hours? A Yes, absolutely. Q And the noon to 10:00 was based on -- up to that point, was your track record of when you had the entertainment? A It was meant to encompass lunch and dinner. I wasn't looking to have much entertainment after late dinner hours, after 10:00 o'clock. Q Let's go to the last question. Under Additional Project Information. www.dilr3ff7hesassociates.com 30 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. Q So I believe the testimony you gave, it did cross over into this area. A Yes. Q So it's your recollection Stuart Fisk is the one who crossed out the Thursday through Sunday or -- I can't quite tell what that is. A Thursday and Sunday evening, which is what I was doing. And we discussed it, and I said, "Yes, let's go ahead and do every day." And you can see that the "every" is my all caps, and then he put in "noon to 10:00 p.m." Q Starting with the next line, "Estimated Daily Attendance, 70," from there down to the last line that says the word "Music," is that all your writing? A Yes. Q In the section that says, "Hours of operation from 9:00 a.m. to 1:00 a.m.," what was your intention there of putting that down? A Just telling him my hours that I was operating. Because we went through a period of time where we would tell people we were open until, you know, last call 1:30 and stay open till 2:00. By 2012, the town was going a little crazy. And I made a decision myself and under my discretion that I started closing at 1:00 o'clock. I did last call at 1:00 o'clock. www.dilr3fWesassociates.com 3Z0:472.9882 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 There were some nights we stayed open later, but I was giving a general description of what time we were open. I was not thinking about charging the hours to that, I was just telling him what time I was practicing my hours. Q At the time you were meeting with Mr. Fisk, was reduction of hours ever discussed? A No. Q Were there -- A Money wise, I would have stayed -- if that was a requirement, I would have stayed with the hours I had because that's where we make a lot of money. Q So would it be your testimony that you did not feel there were any restrictions on rights you already had relative to the restaurant in exchange for being granted the right to background music? A No. I had no understanding that anything else was going to change other than the addition to background music. This application process was probably about 20 minutes, and he told me at that time that there was no issue, and we would move forward with music being allowed. It was a formality. Q After the application was approved, did you get a copy of it? A I got a copy of the CUP. www.dil esassociates.com 3472.9882 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A It came in an envelope, I opened it up and I saw it was the new CUP and saw the addition of music, and I put it back in the envelope and put it on the bar where I kept the original CUP. Q At that time, your understanding was your application had been granted; correct? A Correct. Q And that your hours of operation were still at your discretion up to 2:00 a.m.? A Correct. Q Any day of the week, 52 weeks a year? A Correct. Q One last thing, on page 40, at the bottom of the page, there is some writing that says, "Existing CUP," and then a number or letter "PA 07-0314." Is that your understanding that references the original CUP? A At the time, I figured that it referenced the most recent, but that application was the original application for the Type 41 liquor license. Q And what was the most recent application? A 2008 for the 47 license. Q Okay. So did it strike you that the 2008 minor modification was not listed there? A At the time, no, but I've gone through all of www.di esassociates.com 3ff 472.9882 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this stuff and it strikes me as very strange. Even the existing CUP references the 41 license and it references that I need to have liquor safety training for my staff five years before that was even issued. So it was obvious to me that they made an honest mistake and they copied and pasted, as Luke referenced yesterday, the wrong CUP -- the wrong copy of it. They copy and pasted the 2007 rather than the 2008. At the time, I didn't catch that because, again, I was looking at the entertainment. I saw that line, and I filed away the CUP. MS. PETRUSIS: Objection. Move to strike. That answer misstates prior testimony by Mr. Watson. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to overrule the objection. I mean, the testimony is what we heard. It doesn't mean it's the same testimony as to what Mr. Watson testified to. Go ahead, Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. Q You previously testified as to another application that you don't see referenced anywhere. What application was that? A It was the request from the ABC that we allow -- we put up a fence on the south side of the building -- www.dil Inesassociates.com 34 30.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which, as you are walking on the property, the left side of the building -- to keep people from jumping that fence. They wanted to contain the property, basically, and make the front entrance the entrance onto the property. It's part of Riverside County's requirements when entering a bar. You have to enter the property first. So we went through that process, and we then increased the square footage to include the front patio tables and the side patio where there is kind of a waiting area, standing area, and people stand there, and they have the actual bar which was previously approved. So we added that in 2009. I don't see any reference to that CUP. I don't know why. I think it was an ABC level. I don't know, but that one is not referenced anywhere. Q Okay. And as of the time in 2012 that the application for this minor modification was approved, were you still actively involved in the day-to-day operation of The Bank? A In 2012? Q Yes, sir. A Yes. Q And some point in time you sold a portion of CNC Corp; is that correct? A When you say "sold," it implies money transfer, www.diTesassociates.com 3472.9882 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 but the deal was a little bit different than that. But Ryan and Amanda were appointed as -- and they'd have to correct me. I don't remember -- the president and secretary, and they would take over the operations and they would, I guess, through payment of my vendors, that's the only money I received. I don't receive any cash outlay, and I became a board member. Q When was that? A That was in -- actually, February 28, 2020. We made the agreement on February 23rd. I remember the day because it's the exact point of 13 years from the day I opened. Q And up to that point, you were actively involved in the management and operation of The Bank? A Up to the 28th of February, yes. And I'm still just advisory. I get calls once a month and we talk. Q Let's say between the time that the 2012 minor modification was approved and the time in February of 2020, did you continue to operate under the assumption that you could stay open and serve alcohol until 2:00 a.m.? A Absolutely. Q In fact, did you, at times, stay open until 2:00 a.m. and serve alcohol until 2:00 a.m.? A Yes. www.dilr3?'?�esassociates.com 3 .472.9882 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And so how often would that happen that you would go until 2:00 a.m. A The town had completely grown. The only time I wouldn't stay open -- there were certain times a year where we had events going on and things going on and people started drinking earlier in the day, and it wasn't the crowd I wanted, so we'd make the decision to close at 1:00. Because most of our crowd after 1:00 were people getting kicked out of other places and coming to our place. And so when I started to see that happen, we would shut down. But that was probably the -- that was the exception. We mainly stayed open until 2:00 with last call being at 1:30, as required. Q During that time, from the time the 2012 minor modification was approved in February of 2020, did you ever receive any complaints from the City relative to your hours of operation? A Never. In fact, City people came and they were there. Q Beyond 11:00 p.m.? A Yeah. There were City people there beyond 11:00. I was friends with some of them that would be socially drinking after 11:00. Q Again, no complaints? A No. www.dil�4"nesassociates.com 3Z0472.9882 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q No violations? No fines? A Never. Q At some point in time did you come to learn that the City was saying that The Bank was in violation of their operating hours and serving alcohol hours? A Yeah, when Amanda told me -- she called me in early 2021. Q And who is Amanda? A Amanda is the current manager in charge of The Bank -- she and Ryan. Q Did she contact you by phone or by e-mail? A She originally contacted me by phone, and we had a discussion. Q And what was that discussion about? A Well, she asked me about the hours and what my understanding was. And, unfortunately, I told her about the CUP that was in the bar and she had told me they had done a huge cleaning and they were unaware of what that envelope was. It got thrown away. So they didn't have a copy of the CUP that I had there. So we had that discussion. She had said that the City was contacting them about hours, and that's the first I heard that there was any issue. Q Did she ask you to do anything on her behalf or The Bank's behalf? www.di esassociates.com 38 3 .472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. That was my role. I help where I can. I want them to be successful. So I went and sent an e-mail to Luke Watson. Q Luke Watson? A Yes. Q If you could, take a look at the evidence on CaseLines, the evidence under Respondent Moore, M-0-0-R-E, Evidence? A Uh-huh. Q Exhibit 9. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Now, your exhibits are in letters. MR. CALLAWAY: Sorry. Exhibit H. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes, Exhibit H. Okay. MR. CALLAWAY: Yes, it's Bates 189 through 194. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Go ahead. THE WITNESS: Correct, I have got it. BY MR. CALLAWAY: Q Do you have that document open? A Yes. Q Can you tell me what this document is? A So the first part of it here that I see is my e-mail to Luke. I gave him the history of what was going on with us, because I hadn't talked to Luke personally www.di esassociates.com 3ff 472.9882 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about it. And then I get into the question about the hours, and I ask him for help. I ask for help on the situation. Q And do you recognize this document to be the e-mail that you sent? A Yes. Q If you look at the top, can you identify the date and the time? A It says, "Friday, March 5, 2021." Q And the e-mail that -- to the right of your name, is that your correct e-mail? A Yes. Q And the e-mail to Luke Watson, do you recognize that as being the correct e-mail address for him? A Yes, I do. Q And the same thing with Amanda Lane? A Yes. And my ex-wife Christy Puma, that's her e-mail as well. Q Are you aware of this e-mail being returned to you as undelivered? A No. Q If you look at the body of the e-mail, does it appear to be a correct copy of the e-mail you sent on that day and on that time? A Yes. I read through it, and this is the e-mail www.dilrE-"'hesassociates.com 3I 6.472.9882 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that I sent. Q Can you tell me a little bit about what you were trying to get accomplished with this e-mail? A Well, there's two prongs here. One, I don't understand why the hours were ever changed, and I am kind of asking about that, why was -- why were the hours changed. And then the other part of the e-mail is, let's get it fixed, that their hours need to be what the original agreement was in 2008, which was to be able to stay open until 2:00 a.m. as I was originally given. Q If you scroll to the bottom of page D-189, there is an -- A I can you give a quick answer, that is what seems to be officially on the books. Q I'm sorry. Can you repeat that? A So he answers me back a short e-mail that says, "This is what the City has officially on the books." Q His e-mail predated yours. Do you recall getting that e-mail from Luke Watson? A I do. And I don't understand the dating on all of this, because -- that, I don't understand. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm sorry. Which page specifically are you referencing, Mr. Callaway? Can you give me a Bates number? MR. CALLAWAY: D-189. www.di esassociates.com 3472.9882 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes, it appears my e-mail supersedes his e-mail. I don't understand how that happened. I don't understand that. BY MR. CALLAWAY: Q Had you had any previous communication with Mr. Watson prior to your e-mail of Friday, March 5th, which would explain his e-mail to you on February 19th? A I don't remember any -- well, I do remember some previous -- I would have to look on my computer and see -- it must have because he's answering me before I even sent the e-mail. So I'm not -- I'm sure I had some type of contact before that. Q It appears that his e-mail of February 19th is a forward to you of other e-mails to give you an understanding of what they're doing relative to this issue. Is that your understanding of this e-mail? A Are you talking about subsequent e-mails by other people? Q Yes. A Yes, that's the back and forth within the City. Q Are these true and correct copies of the e-mails that you actually received from Mr. Watson on February 19th, 2021? A That's the e-mail chain, yes. That's what I was sent. www.dilr34%Wesassociates.com Mr 472.9882 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. MR. CALLAWAY: Your Honor, I'd move to move this e-mail thread into evidence as Exhibit H. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections to my receiving Exhibit H into evidence? MS. PETRUSIS: Yes, your Honor. Mr. Puma just testified he doesn't understand why his e-mail at the top of D-189 is after Mr. Watson's e-mail at the bottom of 189. I object. I don't think we've laid a proper foundation for this. MR. CALLAWAY: Your Honor, if I could be heard? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Go ahead. MR. CALLAWAY: I think that his uncertainly does not change the fact that the e-mails came on the date they show and time they purport to be and that they are true and correct copies of the e-mails. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Well, I think he testified that he wasn't sure why it was from February, but he says he presumed it was because he had a previous conversation with Mr. Watson. But I guess the question is, did he actually receive these e-mails from Luke Watson and does he recall when. If you can get that information. THE WITNESS: Your Honor, if I may interject? I originally e-mailed Luke Watson on February 19th, so I did www.di esassociates.com ?472.9882 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have an original e-mail that is not included in this e-mail chain. So there was an initial contact on February 19th. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And you received these e-mails that are from other folks from -- directly from Luke Watson in that time frame; correct? THE WITNESS: Correct. And it appears I followed up with a more -detailed explanation of what was going on on March 5th. My original e-mail just stated that Amanda and Ryan had taken over, and it was a short e-mail. The one shown here is my more -detailed information I gave to Luke. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I'm going to admit Exhibit H. (Exhibit H was received in evidence.) MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q Mr. Puma, if you could direct your attention to the evidence column, No. 10, Exhibit I? A Yes. Q The title page starts at Bates D-195, and the body of the e-mail start at D-196. A Yes. Q Do you have that in front of you? A Yes, I do. www.di 1% QQ11 nesassociates.com I09 472.9882 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The first entry on there appears to be an e-mail from you to Amanda Lane? A Correct. Q With a date of Wednesday, March 3rd, 2021, at 10:45 a.m. Do you see that? A Correct, I do. Q The e-mail address associated with your name, does that appear to be the correct e-mail for you as of that date and time? A Yes. Q How about the e-mail to Amanda Lane, does that also appear to be correct? A Yes. Q Do you have a recollection of this e-mail being returned to you as undelivered or undeliverable? A No. Q So you make reference here to "PL 14, will clear up any issues that you have," what are you making reference to there? A That's the CUP that the ABC -- before Angela Reveles -- that's the CUP that the ABC has on file at the county office as being the most recent CUP, and PL 14 was the reference to the hours that were given, which was the hours until 2:00 a.m. Q And for clarification, you are making reference www.di esassociates.com 45 I qw472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to the minor modification application PA 08-0236? A If that's the application for 2008, yes. Q Okay. In either respect, in your mind, you are making reference to the 2008 minor modification extending hours? A Right. Q Now as of this time, had you been having communication with Amanda about the hours issue? A We had been talking for about two weeks about the issue, and I got in touch with Ms. Reveles and she provided this information and I passed that on to Amanda. Q Can you identify for me who Ms. Reveles is or was at that time? A She still is the agent in charge of -- she's one of the agents that's in charge of the liquor license process. I don't know her exact title. She has a badge and she's an official. She does the inspections and is the go -to person. We became good friends. She's very responsive when I send her e-mails. She's in charge of the office in the city of Riverside. Q So you were in communication with Ms. Reveles regarding the CUP and hours issue? A Correct. Q Is that correspondence or communication that you initiated? www.di esassociates.com � 3?7472.9882 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And were you initiating it on behalf of The Bank? A Yes. Q And at the request of Ms. Lane when she brought to your attention there was issue on the hours? A Her request was to help her clear up the issue with the hours. My action was to contact Ms. Reveles. Q Why did you go -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't mean to interrupt, Mr. Callaway. It's just more efficient for me to get clarification now. MR. CALLAWAY: Yes, ma'am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: D-196? MR. CALLAWAY: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm trying to see the name that you are talking about. THE WITNESS: It says Reveles, Angela at ABC. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: So is this person an official with ABC? THE WITNESS: Yes, she's the official. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't see her name. I'm just trying to find it. THE WITNESS: It's right underneath my e-mail to Amanda and forward message, her message from Reveles, Angela at ABC, March 3rd. It says, "Good morning, Craig." www.di QMnesassociates.com �TI0:472.9882 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's on D-196. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Got it. That's R-E-V-E-L-E-S. Go ahead, Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q The e-mail that you sent to Amanda, it starts with "Item PL 14," and ends with "Until 2:00 a.m.." Does that appear to be a true and correct copy of the e-mail that you sent to Amanda at that date and time? A Yes. Q And at that time, you were forwarding to her an e-mail that you had received from Angela Reveles; is that correct? A Correct. Q Okay. If you look at the e-mail address for Angela Reveles, does that appear to be an accurate e-mail address that you have used for her? A Yes. Q And that, in fact, is an e-mail that you did receive from her on the day of March 3rd, 2021, at that time of 10:57 a.m.? A Yes. Q Is there a reason that you were communicating with ABC regarding the hours and not the City, or were you communicating with both? www.di.-n,-I(!!,nesassociates.com 310.472.9882 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I was communicating with both. My first e-mail to Luke was in February. I was following up because the information we got wasn't consistent with what I knew how we operate, so then I reached out the ABC. Q Are you referring to information you received from the City? A Well, I received it through Amanda that the hours of operations had changed to reduced hours that was inconsistent with what I understood for the last nine years. Q As of that time, what were you being told by the City? A Well, through Amanda, I was being told that the hours were being reduced to an existing CUP they had on file that showed hours that ended, for reference, at 10:00 o'clock, and I had no understanding that that even existed, so I went to ABC for the copy that was with them. And we received back the copy that was originally the copy that had the 2:00 o'clock hours. Q Referring to the minor modification of 2008? A Yes. Q Were you unable to get a copy of that minor modification from the City? A I honestly didn't ask them. I asked them for the current hours, like, what's going on? Why are we being www.di esassociates.com � 3 472.9882 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told to be closed down at 10:00? So the only thing they could produce was the 2012 version of the CUP. Q Did you have discussions with them pointing them to the 2008 minor modification? A The only discussion I had with them was through the e-mails that are in evidence here. I didn't have a phone call at all. Only what is in the e-mails. Q Did it appear to you at that time, based on the information you were getting from the City, that they didn't have the 2008 minor modification? A I don't know if they had it or not. They didn't reference it. They should have it. All records are kept on file for every business. They don't throw things away, so they have it somewhere in the file. Q When you were working to try to help clear up this issue on behalf of The Bank, did you ever ask specifically for the 2008 minor modification from the City? A I don't remember asking specifically for the 2008, I was more interested in fixing the issue, which was that the current CUP was obviously wrong, because we never did change. Q To go back to this e-mail from Angela Reveles, what was your understanding of what she was telling you here? www.di esassociates.com IIM 72.9882 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: Objection. Irrelevant. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to -- given that Ms. Reveles is with a totally different agency, I'm not sure what her thought process -- how that's relevant in this matter, Mr. Callaway. She's not with the City. MR. CALLAWAY: I'm just trying to get what was his understanding of the -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think he's testified about his understanding, but I'm not sure why the ABC's understanding is in any way relevant. MR. CALLAWAY: Okay. THE WITNESS: They are the governing body over the ABC license. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Puma, wait for a question to be asked, please. THE WITNESS: Sorry. BY MR. CALLAWAY: Q So in focusing on that same e-mail, March 3rd, do you believe that to be true and correct copy of what you received from Ms. Reveles? A Yes. Q It appears at the bottom of her e-mail there was an attachment that we don't have. Do you have a recollection of what that attachment was? www.di esassociates.com 472.9882 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That is the 2008 CUP. Q Did you do anything with that 2008 minor modification to the CUP? Did you do anything with it once you received it from Ms. Reveles? A That's the above e-mail to Amanda. I forwarded that to Amanda, and this should clear up the issue with the City because that was the CUP that I understood to be correct. Q Did you personally provide it to anybody other than Ms. Lane? A I honestly don't remember if I sent a copy of it to Luke or not. I don't know. Q Okay. If we continue down to the next e-mail, it's your name in bold to Amanda Lane with a date of March 3, 2021 at 10:46 a.m. Do you see that e-mail? A What's the page number? I'm sorry. Q We are still on the same Bates page D-196. A 196. Okay. Q And I'm looking at an e-mail from March 3rd, 2021, 10:46 a.m. from you to Amanda Lane. A Saying, "This is exactly what I needed"? Q Correct. Do you recognize the e-mail from Ms. Lane as being an e-mail associated with her? A Yes. That's her e-mail address, yes. Q Did this e-mail ever come back to you as www.di 1 esassociates.com 3 472.9882 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 undelivered or undeliverable? A No. Q Does this appear to be a correct copy of your e-mail from that date and time? A Yes. Q Can you tell me what the purpose of this e-mail was? A To show her the CUP that I found to be on the record at the ABC level. Q Okay. I'm going to go down to the next e-mail, again, from you. This is dated March 3 -- I'm sorry. We are still on Bates page D-196. A Right. Q So this is from you to Luke Watson with a CC to Amanda Lane? A Yes. Q With a date of Wednesday, March 3, 2021 at 10:48 a.m.? A I can see now that I did send it to Luke, yes. Q The e-mail address that is associated with Luke Watson is to the right of his name. Do you recognize that as the e-mail address that was his on that date and time? A Yes. Q And the same thing with Amanda Lane? www.di esassociates.com 472.9882 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Was this e-mail to either Mr. Watson or Ms. Lane returned to you as being undelivered or undeliverable? A No, I never received it back. Q Can you tell me what the purpose of this e-mail was? A Again, to keep the question open as to the issue of hours, and keeping the communication open on fixing issues that I thought they were having. Q You say, "I'm not sure why you don't have these conditions in the file for The Bank," was that your understanding at the time of this e-mail, that you felt the City did not have the 2008 conditions with them? A Right. I'm referencing why these conditions aren't in place, yes. I was asking him if he has this copy. Q And you wanted to make sure he had this for reference and consideration? A Say that again? I'm sorry. Q You wanted to make sure he had a copy of that for his reference and consideration? A Yes. Q Is that e-mail a true and correct copy of the e-mail that you sent to Luke Watson with a CC to Amanda Lane as of that date and time? www.di nesassociates.com I� 09 472.9882 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q It appears going -- it appears the bottom of that e-mail continues on to 197 with an attachment, the attachment has the number 3874-K. Was that the attachment that you were providing to Mr. Watson? A The attachment is the ABC attachment. That's the same document that's been passed back and forth from Amanda and Luke and everybody. Q So what you went and got from the ABC, you are now providing to the City? A I provided it to the City on the previous e-mail. This reference is to Amanda and Ryan and their attorney. Q Okay. MR. CALLAWAY: Your Honor, I would move to enter Exhibit I into evidence. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? MS. PETRUSIS: Yes, your Honor. I think the problem is that included in Exhibit I is something that I would argue is irrelevant, which is an e-mail from an individual from ABC, apparently. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Well, it explains how he got the document, and I think it's relevant for that purpose. So I'll admit Exhibit I, and I'll give it its proper weight. www.di esassociates.com �qvE 472.9882 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Exhibit I was received in evidence.) MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q Mr. Puma, just to go back to Angela Reveles and the ABC, in your experience in owning and operating The Bank and applying for multiple CUPS and multiple modifications, is it your understanding that ABC keeps copies of all modifications or all CUPS and modifications? MS. PETRUSIS: Objection. Relevance. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think we have covered this ground, Mr. Callaway. Obviously, he got the document from the ABC. I'm not sure why it's relevant whether or not the ABC keeps these documents. MR. CALLAWAY: I was just addressing your previous comment about the weight of the document previously entered into evidence, but I'll move on. BY MR. CALLAWAY: Q Mr. Puma, following the e-mails that we were just looking at, did you have any further communication with Amanda regarding the hours issues? A Well, yes, we've been talking about it -- we have been talking about it all year. It's one of the subjects we talk about every month. We are trying to get it cleared up. Q It's a continuing discussion? www.di.-n�cwjrnesassociates.com 310.472.9882 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And have you had any further communications with anybody on behalf of the City other than the communications and e-mails you have already testified to -- A No. Q -- regarding this issue? A No, I have not. MR. CALLAWAY: No further questions, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Cross-examination, Ms. Petrusis? MS. PETRUSIS: Thank you, your Honor. CROSS-EXAMINATION BY MS. PETRUSIS: Q Mr. Puma, CNC Puma Corporation has a business license for The Bank restaurant; is that right? A Correct. Q And Brad Landon is the agent for service of process for CNC Puma Corporation; isn't that right? A Correct. Q Okay. CNC Puma Corporation has paid approximately $30,000.00 in fines regarding these violations that have been the subject of this proceeding; isn't that right? www.di "�nesassociates.com �310:472.9882 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I can't be sure of those numbers because I'm not involved in the day-to-day operations to that extent. Q But you are aware of the fact that CNC Puma Corporation has paid at least some amount in fines? A I'm aware there have been fines. I know it's in the thousands, yes. That's through discussion with Amanda. Q And that fines were paid by CNC Corporation? A Yes. Q You testified earlier that you forwarded the 2008 conditions of approval to Mr. Watson, but after you forwarded those 2008 conditions of approval, CNC Puma Corporation still continued to receive citations and civil penalty letters; isn't that right? A That's my understanding, yes. Q And you personally never appealed any of the citations or civil penalty letters; isn't that right? A I personally did not, no. Q Or anyone on behalf of CNC Corporation? A I didn't appeal anything. That's not my role at this point. Q Did you ever talk to anyone about appealing the citations or civil penalty letters? A Again, I had regular conversations with Amanda about their process, because she's been the one handling a www.di esassociates.com � 3TP472.9882 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lot of that. My understanding is that she's been given -- I don't know if it's in an official capacity or just through e-mails, and information transfer. Q So it's your understanding that Amanda Lane has appealed citations and civil penalty letters? A I don't have a 100 percent opinion about that. I don't know what her actual action has been. We have talked about and she has told me that she's fighting it, so I assume that is some type of appeal. I don't know the process she's taken -- the official process. Q Has anyone submitted a request to appeal that you know of -- A Not that I know of. Q -- with respect to appeal a citation or civil penalty letter? A Not that I'm aware of, the exact process, no. Q Is it your position that the hours of operation reflected in the 2012 conditions of approval specifically regarding PA 12-0041 are some kind of mistake? A Absolutely. I think it was an honest mistake. Q And it's your position that staff mistakenly cut and pasted those hours from the 2007 conditions of approval? A Absolutely. Q But you didn't look at the conditions of approval www.di esassociates.com � 3 472.9882 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 when you received the notification that application 12-0041 had been approved? A No. Based on my relationship with the City and with Stuart, I just filed them, and I was told that music was approved. Q Okay. Can you please look at City's Exhibit 9 which is page 44? A Okay. Q Okay. Do you see the second paragraph on that letter? It begins with, "Anyone dissatisfied"? A Yes. Q Do you see that it states that, "Anyone dissatisfied with this decision may appeal it within 15 calendar days"? A Again, I went with the verbal decision. I didn't read the paperwork, so I wasn't aware. Q Okay. But do you see that language in Exhibit 9 on page -- A Yes. Q I'm sorry, sir. You have to let me finish. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Puma, if you don't mind, wait for a second for the question to end -- THE WITNESS: I'm waiting -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: There's www.di esassociates.com Iq 472.9882 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 multiple -- THE WITNESS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: -- reasons for this. Our record gets really messed up, and our poor court reporter isn't able to -- THE WITNESS: Fair enough. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Just pause for a second. I know I like to jump the gun too. Ms. Petrusis. MS. PETRUSIS: Thank you. BY MS. PETRUSIS: Q But do you see that that language about appealing within 15 calendar days is in this letter in Exhibit 9, page 44? A Yes, I see that. Q And just to clarify, you never requested to appeal the conditions of approval for PA 12-0041; correct? A I did not. Q And when you requested help from the City, they referred you to PA 12-0041; isn't that right? A Correct. Yes, you are correct. Q And you have never submitted a request to modify the CUP at issue in these proceedings after PA 12-0041; is that right? A I did, in an e-mail to Luke Watson. www.di esassociates.com �3W472.9882 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q That's when you requested the director's review? A Yes, because I discovered the error, and so I reached out to Luke Watson and asked him to correct the error. Q One moment, please. Did you ever submit a minor modification application after 12-0041? A You are referring to the 2012 application; correct? Q Yes. I'm asking, after you received approval for PA 12-0041, did you ever submit to the City a minor modification application? A I don't remember anything after that. No, I did not. Q But you were familiar with how to expand hours for your business operation, which is why you submitted the 2008 minor modification application; isn't that right? A Correct. Q Did you ever talk to Norman Solomon at any time about the citation or civil penalties? A No. Q Or anyone at Zip Third Investments? A No. Q Why not? A Again, Amanda and Ryan are the ones that are operating The Bank. The last conversation I had with www.di esassociates.com 472.9882 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Solomon was that I was stepping back, in fact, moving out of the county and they would be in charge. And so my only -- my last discussion with him was regarding that change, which he agreed to verbally and understood that they were going to be the ones that he would be dealing with. He and I have not had cause to speak since. Q But you were still at least on the board of directors at CNC Puma when you had that conversation with Mr. Solomon? A I believe the conversation happened while I was in charge, and I was telling him and was relinquishing my control of CNC Puma Corporation. Q I'm confused. You said you relinquished control, but you also earlier testified you were on the board of directors? A I'm on the board. I'm part owner of CNC, but I'm not an operating officer that operates The Bank. The operators are Amanda and Ryan. I'm more in an advisory position because I'm still involved in the company, but I don't deal with the day-to-day operations, that is Amanda and Ryan's role. Q But the current business license on file with the City is still in the name of CNC Puma Corporation; is that right? A Yes. www.dilq42jgnesassociates.com �472.9882 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So turning to City's Exhibit A, page 40. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Exhibit A? MS. PETRUSIS: Yes, please. City's -- I'm sorry. City's Exhibit 8. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sorry. MS. PETRUSIS: I was confusing myself. I apologize. And page 40. THE WITNESS: Yes. BY MS. PETRUSIS: Q So you should be seeing the copy of the minor modification application -- A Yes. Q -- asking for a musical addition inside for background music? A Yes. Q Okay. And you testified earlier that you wanted just some background music during the lunch and dinner crowds? A Yeah, yes. Q So turning now to City's Exhibit 9 and, specifically, page 46. A Okay. Q And if you look at No. 9 on that page, the City granted your request for background music. Is that your understanding? www.dilrAgjlnesassociates.com 0.472.9882 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And it permits you to have -- or permits The Bank to have indoor dinner entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music daily from noon until 10:00 p.m. Do you agree that that's accurate about what the City permitted? A I believe that's accurate from what I requested, yes. Q Do you believe that a DJ conforms to Condition No. 9? MR. CALLAWAY: Objection, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: What's your objection? MR. CALLAWAY: Its relevance. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Overruled. You can answer the question, Mr. Puma. THE WITNESS: I believe a DJ is already legal because it's electronic music and electronic music is already allowed in the restaurant. BY MS. PETRUSIS: Q It's your understanding a restaurant can have a DJ already without a CUP? A My understanding, the music that was in question that I had -- I had electrical music through speakers the www.di 1422nesassociates.com 310.472 . 9882 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 entire time I had the restaurant, and that's completely legal, to my understanding. And the question came up and my need for the modification came up when it became live music and live entertainment. Live music is different than electronic music according to City ordinance. Once it was, that's when I needed to have the modification. So a DJ would be consistent with what would be allowed. Q So you don't believe a DJ constitutes the live entertainment that requires a CUP? Did I understand you correctly? A That's my understanding of the ordinance, yes. Whether I'm providing music or a DJ is providing music, we are providing electronic music, not live. Q What about a drag show? Do you believe that's permitted by Condition No. 9? A You know, I don't even know -- MR. CALLAWAY: Objection, your Honor. Relevance. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Overruled. THE WITNESS: Your Honor, it's getting into what I believe is entertainment and what Amanda believes is entertainment. And my understanding of this is we can have live entertainment. I don't know -- a drag show may not be my thing, but -- I don't see -- if that's what they want to do, I think it's within the guideline. It's entertainment. It's live entertainment. www.di esassociates.com I �472.9882 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: Your Honor, I don't think I got a response. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Hold on a second, Mr. Puma. Perhaps we can ask a rephrased pointed question, Ms. Petrusis? MS. PETRUSIS: Sure. BY MS. PETRUSIS: Q So you were present in this hearing and listened to the testimony of Investigator Jeff Letourneau earlier this morning; didn't you? A Yes. Q And you heard him testify about performers performing during a drag show, and the specific performances that they gave; right? A Yes. Q And that there was singing, lip syncing, and some dancing; correct? A Yes. Q And do you believe that this type of entertainment, live entertainment, conforms with Condition No. 9 in the conditions of approval? A I think it conforms to the intention of what we were doing with live entertainment, yes. My understanding would be yes, it does conform. www.dilrA2Anesassociates.com ff0:472.9882 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. A Yes. Q Is that because the performers were limited to one keyboard? A No. To answer your question directly, it has to do with -- it's live entertainment inside. That was the issue with the City that live entertainment inside required a permit. I'm the one that said my intention was to have a keyboard and that is what was put in there, but the intention is live entertainment inside. I was not allowed to have live entertainment outside. Q Okay. But Condition No. 9 doesn't just say, "Live entertainment inside," does it? A No, it says what it says. But I think that live entertainment is live entertainment. Q Okay. So you admit that No. 9 says what it says, but you have a different interpretation of what you're allowed to do at The Bank? A Based on your question, yes, I do. Q Okay. And do you see in No. 9 that it says "Daily from noon until 10:00 p.m."? A Yes. Q So live entertainment, you just testified that the performers performing during that drag show constituted live entertainment inside, but do you believe www.di esassociates.com 3T;PA472.9882 68 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that they're permitted to perform until 11:30 p.m. on a Wednesday night? A Based on this, no, I don't think that that's what it says there. The intention was during dinner. So dinner went past 10:00, then I would allow it. Me, if I was there. MS. PETRUSIS: If I could just have a brief moment, your Honor, to review my notes? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sure. MS. PETRUSIS: Thank you. THE WITNESS: Your Honor, I would like to take a brief moment to grab a glass of water. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. MS. PETRUSIS: I just have a couple of more questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. BY MS. PETRUSIS: Q So if I understand you correctly -- and please correct me if I'm wrong -- when these citations and civil penalty letters were coming in in early -- or starting in early 2021, you testified that you were not involved in the day-to-day operations at that point; is that right? A Correct. Q Did you ever discuss with Amanda Lane or anyone who was involved in the day-to-day operations of the www.dilesassociates.com �472.9882 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 business about submitting a minor modification application to the City? A My only -- well, we did talk about the process, yes. But you are -- it's kind of -- I don't know how to describe what you are saying because -- Q Hang on a second -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Wait just a moment, Mr. Puma. If you could just answer only the question asked. It's her job to make sure she asks the right question. THE WITNESS: Okay. Please ask the question again. BY MS. PETRUSIS: Q Okay. In early 2021, after the citations and civil penalty letters started coming in directly to CNC Puma Corporation, did you ever have a conversation with anyone involved in the day-to-day operations of The Bank regarding submitting a minor modification application? THE WITNESS: Your Honor, the question is not answerable. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: If you don't understand the question, say you don't understand the question. THE WITNESS: I don't understand the question. Having a discussion about a minor modification, that www.dilq42j7hesassociates.com 0.472.9882 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was -- we talked about it, but we were trying to fix what was the error. That was part of the discussion, yes. BY MS. PETRUSIS: Q Okay. And what was the conclusion? Because you testified that a minor modification application was never submitted to the City. A Correct. Nothing was submitted, and after that, notification of this hearing came to me so we stopped talking about it. We stopped talking about applying for the minor modification and started talking about the hearing. Q When did you start talking about applying for a minor modification? A In the e-mail that you have in possession, that states to Luke -- I was asking him about the process of getting a director's review and correcting the error that I felt was in the CUP that we had in possession. So that was the discussion with Luke, and I was talking with Amanda about it as well. Q And so that was in -- bear with me. A Are you referring to the e-mails? Q Yes, I just want to make sure I don't get this date wrong. I'll let you know when I get there. So are you referring to Exhibit H, page 189? A Yes. www.dilrlej-nesassociates.com 71 310.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. That e-mail from you to Mr. Watson that is dated March 5, 2021; correct? A Correct. Q And the notification of this revocation proceeding that the planning director is recommending that the CUP be revoked, what date is that notification? A I have no idea. I don't remember when that started. Q Okay. So -- A If you have an e-mail for reference? Q Yes. Give me one moment, sir. Okay. City's Exhibit 13 at page 200. A I didn't receive this. I was called and told about it from Amanda because I don't have a mailing address at the Front Street location anymore. Q Okay. But CNC Puma Corporation received it; isn't that right? A According to this, yes. Amanda -- yes. Q And the date of this letter is May 19, 2022. Does that refresh your recollection about when this revocation process started? A Right. So that would have been -- I probably would have heard about it shortly after this letter, late May. That's fair to say. Q Okay. So you testified earlier that you started www.dilq42jgnesassociates.com 31U.472.9882 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 talking about applying for a minor modification around the time that you communicated with Luke, which was around -- which was March 5, 2021, when you sent that e-mail. And when did you stop talking about applying for a minor modification? A I put it out there to do. I didn't really follow up on it myself. MS. PETRUSIS: Okay. No further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Martyn, cross-examination? MS. MARTYN: Yes, your Honor. Thank you. CROSS-EXAMINATION BY MS. MARTYN: Q Just a few questions, Mr. Puma. First of all, just to confirm, you were the person who filed the 2008 and 2012 CUP modifications; correct? A Yes. Q Okay. And when you did so, you had -- am I correct in saying you had to obtain the signature of the property owner? A Yes. Q And I believe that was Maureen Licata at that time? A Yes. www.di 1 esassociates.com 3 472.9882 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you understood that the property owner was the person who held the CUP; is that correct? A That is not my understanding. It's the restaurant that owns the CUP or is required to have the CUP. The building owner is required to be notified of any -- some of the offerings at the property. They have to be notified about construction, if you are going to change the property. A 47 license and hours of operation, they have to be notified, but it's the restaurant that holds the CUP. Q Okay. That's your understanding? A That's my understanding. Q Okay. Can you tell me when in 2020 the corporation filed for Chapter 11 bankruptcy protection? A That was done by Amanda and Ryan, so they have -- Q After your time? A I don't have the records on that. Q So after February of 2020? A It would have been after February of 2020, yes. Q Okay. One more question, do you recall receiving e-mails in April of 2022 regarding setting for the initial hearing date for this revocation hearing? A April of 2022? Q Yes. A I could have. Again, I would have to look at my www.di nesassociates.com I�V,O 472.9882 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e-mails. Q Okay. A I'm trying to remember. That's probably correct. Q Okay. If you can give me just one second. I'll be right back with you. Hold on. If we can go to Respondent's Bates stamp B-415, Exhibit C-34? A Exhibit what? Q If -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm sending the direction. MS. MARTYN: Thank you so much. BY MS. MARTYN: Q Mr. Puma, if you will scroll down -- THE WITNESS: I'm sorry. I don't understand the direction, your Honor, that you sent me. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Did you get a pop up, Mr. Puma? THE WITNESS: I'm on the -- I'm looking at all of the different evidence on the side. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You are on CaseLines; correct? THE WITNESS: Right. I just need an exhibit letter. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Did you receive a pop up? www.di esassociates.com Iqz0- 472 . 9882 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right? THE WITNESS: That's back on the Zoom meeting; ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No, that's on CaseLines. THE WITNESS: No, I didn't receive that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Maybe I'm not giving the direction. So Mr. Puma, if you go up to the top of the page, you'll see some tabs, "Home, Find, View, Present, Notes," do you see those at the top of CaseLines? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Can you click on "Find"? THE WITNESS: Okay. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And when you go to Find, if you look a little bit towards your right, there should be an empty box where you can type in a number. And if you type in "B-414" and hit enter, it will take you to that page. THE WITNESS: Sorry, your Honor. I did Find and it says "Previous Document, Next Document." I don't see anything with a blank. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Okay. If you move to the right, there should be some boxes, and there should be a box where you can type text. www.di esassociates.com �V,T472.9882 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Do you see that? THE WITNESS: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No? All right. Never mind. In that case, if you can go down -- THE WITNESS: Just give me the case number. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: If you see "Respondent Documents, Respondent Evidence," do you see that tab on the left-hand side? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: If you go down and click on tab no. 40. THE WITNESS: Okay. I'm there. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And scroll down to B-414. Do you see it? THE WITNESS: Yes, correct, I have it. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Now, Ms. Martyn. BY MS. MARTYN: Q Now that you are there it's easier for me to ask. Mr. Puma, if you can scroll down to B-415. So the page below, as you can see, this is the beginning of an e-mail chain to Erika Ramirez, deputy city clerk. I'm just confirming that you -- this is your e-mail address and that you received this e-mail on or about April 25th setting the original hearing dates for this hearing? www.diQdAnesassociates.com ��I0472.9882 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A My e-mail address is there, yes, I see that. I just want to be accurate so I'll look at it. Q Take your time. MS. PETRUSIS: Your Honor, while we are waiting -- I'm so sorry to interrupt you. Can you check to see if there's anybody in the waiting room? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't have anyone in the waiting room that I can see. MS. PETRUSIS: Okay. Thank you, your Honor. I apologize. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No problem. Go ahead, Mr. Puma. THE WITNESS: So I have an e-mail dated April 28th, yes. Okay. So here it is. I have that e-mail. BY MS. MARTYN: Q Great. And around that time, did you and Ms. Lane discuss possible hearing dates? A Yes, we discussed that for a while. Q Okay. And so you can confirm that this is an e-mail that you received and participated in? And I'm offering only to show the date of the e-mail. A Yes. Q Okay. You ultimately received a notice from www.di esassociates.com �gWP472.9882 78 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Ramirez showing a hearing date sometime before this one; is that correct? A Before this e-mail? Q No, before the dates set out in this e-mail? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: For the hearing. BY MS. MARTYN: Q Yes, for the hearing. I'm sorry. I didn't mean to ask that confusing question. A Yes, on August 19th. Yes. Q Great. Thank you. MS. MARTYN: Your Honor, if I can enter this document as the Respondent's -- I guess? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I need to find out what exhibit it is. Hold on a second. MS. MARTYN: It's C-34. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I understand what tab it is. It's been marked as a document with letters. I need to find what letter this is. MS. MARTYN: Hang on one second. I can tell you that. MR. CALLAWAY: Your Honor, LL. MS. MARTYN: This is LL, and the page numbers would be, I think, 414 and 415. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. www.di 1 esassociates.com 3 472.9882 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Here's the problem. I can't take a part of an exhibit -- I can't admit two pages of an exhibit, it's either the entire exhibit or I don't. MS. MARTYN: The entire exhibit is fine. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I need to make sure I have foundation for the entire exhibit. Let me see what this exhibit includes. Exhibit LL is 424 to 429, so there's a substantial number of documents in here. Some of them are redacted. MS. MARTYN: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Perhaps you can lay a foundation for all of these documents? MS. MARTYN: I can lay a foundation for the -- I think that we are working on that with Mr. Puma for the documents that are between him and Erika Ramirez, the clerk, as to the dates or potential hearing dates beginning as early as April 25th. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And you did that; right -- MS. MARTYN: And the remainder would have been redacted by the City. I didn't mean to interrupt you, your Honor. MS. PETRUSIS: What is the relevance? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections to receiving LL into evidence? www.di esassociates.com I qw472.9882 80 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: Yes, I object. What's the relevance? MS. MARTYN: I want to show that there was a discussion of the hearing date in advance of the May 19th letter. MS. PETRUSIS: And I don't know what that's relevant to for purposes of these proceedings. MS. MARTYN: Well, the other part of it is -- I want to show that there's no mention of anybody from Zip Third at the time this hearing date was originally discussed in this e-mail chain, and I do think that's relevant. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Understood. Any other objections? MS. PETRUSIS: I still think that issue is not relevant to these proceedings. I don't know what that has to do -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We've already established they have an ownership interest to the permit. I think it is relevant. I'll admit Exhibit LL. (Exhibit LL was received in evidence.) MS. MARTYN: Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any further questions, Ms. Martyn? www.di esassociates.com ��z0 472.9882 81 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: No further questions. Thank you very much, Mr. Puma. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any redirect? MS. PETRUSIS: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Mr. Puma, you may be released. I think we need to take a break. We've been going for a couple of hours. THE WITNESS: Do I need to be here for the entire hearing, or can I -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Well, I think you might want to talk to your attorney about that. Let's go off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We are back on the record after the break. Mr. Callaway, your next witness. MR. CALLAWAY: Thank you, your Honor. Respondent calls Amanda Moore. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Moore, are you there? MS. LANE: Yes, I'm here. One second. Let me get video. My last name is Lane, just for the record. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Hold on just one second. We'll get there. www.di esassociates.com � 3 472.9882 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. LANE: Everyone keeps using the wrong last name. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Lane, I'm going to place you under oath. Please raise your right hand. AMANDA LANE, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Put your hand down. Could you please state and spell your full name for me? THE WITNESS: Amanda Nicole Lane, A-M-A-N-D-A, N-I-C-O-L-E, L-A-N-E. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And was your name previously Amanda Moore, M-0-0-R-E? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. www.di esassociates.com � 3 472.9882 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MR. CALLAWAY: Q Good morning, Ms. Moore. Are you presently employed? A Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I didn't hear that answer. THE WITNESS: Yes, I'm presently employed. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Go ahead, Mr. Callaway. BY MR. CALLAWAY: Q And who are you employed by right now? A One of the owners of CNC Puma Corporation. Q Okay. MR. CALLAWAY: And, your Honor, is it me or is it getting a little jumpy on the witness's side with her? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I heard her, but I need to make sure she's close to the microphone. I heard her okay. MR. CALLAWAY: Okay. Thank you. BY MR. CALLAWAY: Q Do you have a present relationship with the corporation, CNC Puma? A Yes. Q And what is that relationship? www.di nesassociates.com I��09 472.9882 84 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A CEO and president. Q And when did you first become CEO -- strike that. Did you become CEO and president at the same time? A Yes. Q And when was that? A February 27th of 2020. Q And can you describe your employment duties with CNC Puma Corporation? A That may take a while. Everything that you can imagine with running a restaurant from scheduling payroll, day-to-day operations, orderings, bills, everything. Q So you are active in the daily operation of The Bank; correct? A Correct. Q Does that include an actual on -site presence at The Bank during its operating hours? A Not always, but yes. Q Okay. So you have that side of it, and then more of an administrative side, would that be accurate? A Correct. Q Putting aside the administrative side part for right now, as far as your activities and duties inside the restaurant, are those both during open hours and closed hours? A Yes. www.dilqtl')02nesassociates.com � IO.472.9882 85 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. With respect to open hours when The Bank is open and operating, what are the duties that you tend to fulfill there at The Bank? A Depends on the day. So anything from administrative duties, to bussing a table, hosting, dealing with law enforcement, dealing with community, people in the community, other businesses. It's a broad scope of things. Q Do you have a set schedule for being at The Bank? A No. Q How about as far as your hours that you work at The Bank, do you tend to work day hours versus night or a mixture of both? A Mixture of both. It's more nights than days. Q Are there particular days that you tend to work night hours more often? A Thursday through Sunday. Q Is there a particular reason for that? A Monday through Wednesday, I do more day administrative work. Q Is your Thursday through Sunday schedule related in any way to the level of activity at The Bank? A Yes, it's busier in general Thursday through Sunday from the time they open on. Q What time do you open on Thursdays, Fridays, www.di esassociates.com T472.9882 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Saturdays, and Sundays, and if it varies from day to day, just let us know. A We're closed on Monday. Tuesday through Friday, we open at 11:00, and Saturday and Sunday we open at 9:00. Q And can you describe what type of establishment The Bank is? If someone wanted a description of the restaurant, whatever it is, what would you say? A It's a bar and restaurant. Q Any particular cuisine or anything like that, that you focus on? A Mexican cuisine. Q Would it be accurate to say that you work -- that you regularly will work Friday, Saturday, and Sunday nights? A Yes. Q And how late do you typically stay open on a Friday, Saturday, and Sunday? A Friday and Saturday, we close at 2:00 o'clock or sometimes a little before, and Sunday we close anywhere between 10:00 and 12:00 normally. Sometimes it goes a little over 12:00. Q Does the variance that you just talked about, does that depend on the amount of business that you are having? A Correct. www.di "�nesassociates.com �3I0:472.9882 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you have a particular job that you tend to do on a Friday, Saturday, Sunday night, say, from 9:00 o'clock on until closing? A On those nights, I'm overseeing the entire place. So for the most part, I'm normally outside on the corner. And then every time someone needs something, whether it's fix a register, problem with a customer, bathroom is out or something, all kinds of reasons, I go and handle whatever it is that needs to be handled. Q When you say "outside on the corner," what are you tending to do then? A Overlook the -- because of the way the restaurant is set up, that's the spot you can see most of the restaurant at one time. So I do capacity control, watch people that are coming in to make sure they're not intoxicated before letting them in, that's my -- capacity is one of my major ones. Q Can you describe for me -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Callaway, you broke up there for a second. Can you hear me? MR. CALLAWAY: I can. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. We had some connection issues for second. Can you repeat that question? www.di1_ esassociates.com �f.472.9882 88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CALLAWAY: Sure. BY MR. CALLAWAY: Q On a Friday, Saturday, Sunday night from, let's say, 9:00 p.m. to closing, can you tell me -- kind of give me a general idea of what type of environment you are working in. What does the streets look like, the activity level, the general description? A It's very, very busy on those days. There's lots of foot traffic. Lots of road traffic. People bouncing from one place to another. That's the gist of it. Q Well -- I'm sorry. I didn't know if you had finished on your response? A Yes. Q Okay. And what streets are you -- strike that. You are at the corner of an intersection; is that correct? A Correct. Q What streets are you at the corner of? A Old Town Front Street and Main. Q So your restaurant has exposure to both streets? A Correct. Q And is the opening to the restaurant kind of where those two streets come together? A Yes. Q Okay. And how many lanes of traffic are there in each direction in front of your restaurant? Let's start www.di esassociates.com � 3 472.9882 89 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with Front Street. A There's one lane in each direction. Q And how about the other intersection street? A There's also one lane in either direction. Q Separated by a sidewalk between the street and your establishment? A Yes. Q So on a Friday, Saturday, Sunday night in the evening, the nighttime hours, would you or could you describe the amount of activity around your intersection compared to other parts of Old Town? A We have the busiest intersection. Pretty much everything goes through our intersection. So there's parking behind -- between City Hall and us, there's two parking areas that the City has taken over, and a parking structure above us, and a parking lot behind that is open to the public, and Pennypickles parking lot. There's hundreds of parking spots within 200 or 300-foot radius, plus the street parking. Q Okay. Is it parallel street parking along the curb? A Yes. Q Is there any parking that is designated for The Bank? A No. www.di esassociates.com 90 I qw472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So everything is public? A Yes. Q Okay. So when you are out on the street, I'm assuming that you have quite a bit of interaction with people coming and going by there? A Yes. Q Coming into the restaurant? A Yes. Q Okay. Do you have an -- so where you are located, are there people that may be parked near your restaurant that go to other places in Old Town? A A ton. Q So you get a lot of people coming by that aren't necessarily going into your restaurant? A Yes. Q And in your history and experience, do people tend to visit multiple establishments in a single evening? A Yes, they do. Q Okay. Now, you have people at the front door assisting with crowd control with people coming in and going out; is that correct? A Yes. Q What is your working relationship with respect to them? Are you a supervisor or are you there in addition to them? How can you explain that? www.di esassociates.com ��IO 472.9882 M. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm the supervisor to everyone. Q Okay. Do you currently have security at The Bank? A We do. Q Do you have licensed security at The Bank? A Yes, we do. Q Okay. Do you know how many security people you are required to have based on the occupancy rating for the restaurant? A There is no requirement for how many people -- how many security guards you need to have per occupancy. Q So Friday, Saturday, Sunday, how many licensed security people do you staff? A About three. Q Okay. And then yourself in addition to that? A Yes and no. We have a PSE, so we are -- we are the employers for the security guys that we have. Q Okay. So can you describe for me a little bit for me what is it you're out there doing? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm sorry to interrupt. What is a PSE? THE WITNESS: Propriety employment -- UNIDENTIFIED SPEAKER: It's a proprietary private -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No, no, www.diesassociates.com � 3W472. 9882 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 no. I need her to answer the question. She's under oath. THE WITNESS: I would have to look it up. I would have to look up what the actual -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So you don't know what the acronym stands for? THE WITNESS: Sitting here right now, no. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Do you know generally what it is? THE WITNESS: Yes, it's private security -- so we can -- our private security firm, so to speak, so that we can hire our own security and license them. We have a license. They're licensed under us. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Go ahead, Mr. Callaway. MR. CALLAWAY: Okay. Thank you, your Honor. BY MR. CALLAWAY: Q Tell me, generally, what type of activity you are seeing generally on a Friday or Saturday night 10:00, 11:00, 12:00 o'clock at night? A There's a lot of activity. So everything from people coming and going to dinner at different restaurants, groups of people walking around looking for places to go, bachelorette parties, wedding parties, homeless people, intoxicated people walking around, people running stop signs. There's -- I can go on forever about www.di esassociates.com �W 472.9882 93 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the types of people I see. Q When you are out in the front, is one of the things you are doing screening people for coming into your establishment? A Yes, always. Q What types of things are you looking for in that process? A There's a few things I look for. First is intoxication. It's an easy one to pick out. And so if they're stumbling, stuttering, not being able to walk straight, any of that kind of stuff, if they have that general look of they are looking for trouble kind of thing, motorcycle clubs, we don't allow them, and things like that. That's mostly what I'm looking for, anything that would cause a potential problem for us or the community for that matter, I'm looking for. Q Are you screening people who want to come into your establishment? A Yes. Q And if you make a determination that they're intoxicated, what do you do with them? A They're denied entry. Q How about if you think they're looking to cause trouble? A I call one of the officers of RSO. www.di nesassociates.com lrj*309 472 . 9882 94 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q RSO, is that Riverside County Sheriff's? A Yes, Riverside County Sheriff's Office. Q Are you the person who would make the determination whether to deny somebody entry into the establishment? A I'm one of the people. The licensed security guards would also have the right to do that. Q And so is this people who have been in your establishment and they have been over drinking, or people coming in off the street or coming from another location? A Coming from another location trying to enter our establishment. Q How often do you turn people away for what you believe to be an impaired intoxicated state? A Numerous times a night on a Friday and Saturday, or Sunday for that matter. Q And the same question with respect to people that you see are looking to cause trouble? A That's less often. It's less often it happens. It's not as prevalent. Q Is that a difficult job? A Yes. Q In what way? A Well, not many people like to be told that they're intoxicated or they can't enter an establishment www.di esassociates.com .472.9882 95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for any reason, and then having to decide whether that's something I need to contact an RSO officer about or not contact them about depending on the severity that I feel of what is going on. Because I don't want to overburden them with things they don't need to be burdened with, but I also want to keep everyone safe. So it's a judgment call sometimes. Q So again, difficult job? A Yes. Q But you still are out there regularly on Friday and Saturday nights doing that? A Every Friday and Saturday night. Q And how about with respect to people inside your restaurant, are you -- do you have any role in crowd control security from that standpoint? A I do all of the above. So I probably, -- once every half hour, at least, I walk through the entire place. The Bank is unique. It has many different areas, and we have different capacity numbers for each area. So what we worked out with the fire marshal with how to control that capacity is way harder than every other place around here has. I'm constantly going through, counting everyone, making sure the capacity is correct or under capacity, and also visually looking at every single person in the entire www.di esassociates.com .472.9882 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 restaurant to make sure there's no -- same thing, I'm not seeing anyone that is impaired, looks like they're going to cause any problems, that -- Q So -- A Go ahead. Q So if somebody is showing signs of impairment, they're looking like they're going to cause problems, what is your reaction? What do you do in response to that? A Call one of the licensed security guards to escort them out. Q Do you ever escort them out personally, or do you get security involved? A I always get security involved. Q Do you have any capacity as a supervisor with respect to the bartenders? A Yes. Q Okay. Tell me what it is you do with respect to the bartenders? A Everything from scheduling, to pour testing them, to making sure they have all their up-to-date liquor certification that went into effect today. I do everything, so it's -- like I said, that's a long-winded question also. I constantly am checking on the bartenders, servers, the cooking staff. Q I think you mentioned something about licensing www.di nesassociates.com �fT67472.9882 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that went into effect today, did I catch that correctly? A Yes. Q And what is it that happened or went into effect today with respect to bartenders? A Actually, anyone who essentially touches alcohol in anyway, even if it's served to the table by anybody. So we had our entire staff -- minus our dishwashers -- cooks, all get certified. It's a liquor certification through ABC. Q And the people that you mentioned, have they already complied with that licensure requirement effective today? A Yes. Q What did getting license entail? What did that require them to do? A They had to go on the ABC website and register with them and, essentially, take a class on another site. They could pick between many. They have to pay a fee to ABC and pay a fee for a class and then get certified, and then they had to send the certification back to ABC and get their certification number. Q Do you do anything with respect to the bartenders as far as training? A Yes. Q Can you tell me a little bit about that? www.di Mesassociates.com 472.9882 98 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They do pour tests training. They have to keep up to date on their TIPS or LEAD. So we always go over just in general, normally every Friday and Saturday night after we close. I have a ton of kids, so I learned that repetition is really good. So we just go over, you know, what is over serving, what is not over serving, how many drinks per hour, how many drinks one person is allowed to purchase at the time for a group of people. You have to be able to see every person that a drink is being ordered for. If they feel anyone is impaired or becoming intoxicated or becoming a problem, a bartender can also cut them off and have them, essentially, thrown out for lack of a better word. Q Do you get involved in that process of throwing somebody out if they're over -impaired? A Yes. Q Is that when you would get security involved to escort them out? A Yes. Q You mentioned over pouring, what do you mean by that? A Every restaurant has their ounce count for what their particular drinks are. Some are an ounce, some are an ounce and a half. So they're constantly tested to make www.di esassociates.com �� 472.9882 99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sure they can pour the exact right amount. Q Now, how about in terms of over pouring with respect to serving people who are visibly intoxicated? A They would be over serving, not over pouring. Q Thank you for the correction. A Over serving is something that gets touched on constantly. Not that they do it, I just think it's best if you continuously remind them, if you are selling a lot of anything in a quick amount of time, you have got to keep aware all of the time of who's in front of you. And many times at a bar, someone will order a drink for the tables or the restaurant, and you need to not just look at the person who is ordering the drinks, but you look at everybody at the table and make sure everybody is okay to have alcohol. Q So what types of instruction do -- strike that. Do you instruct your bartenders on how to avoid over serving? A Yes. Q Okay. And tell me a little bit about what you say in that respect or what you supervise them with or educate them on? A Same things I kind of went over. Making sure that the people don't look or seem intoxicated, keeping track of how much that person has had to drink, not giving www.di esassociates.com .472.9882 100 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 someone more than one drink at a time, if they're ordering for someone else, they have to visually see the other person that the person is ordering for. And that's why ABC just put this license into effect because -- to put it on the bartenders and servers. If they are to over serve, they actually get their license taken away and they can never bartend or serve again. Q You testified earlier that it's common for people in Old Town to be going to multiple locations on a given night; is that correct? A Yes. On Friday and Saturday night, I would say probably 70 percent of the people that come through have been to two or more of the restaurants and bars in the area. Q Do you think that makes your job more difficult as far as screening people to come into your establish? A I don't think it's more difficult. I would do the same job whether I know if they were somewhere else or not. They could have been drinking at home for all I know. I don't think it makes it more difficult. Q How about with respect to the issue of over serving, does the fact that maybe somebody has had alcohol recently at another location play a part in determining who is intoxicated within your place? A Yes. So the only time that would come into play www.di esassociates.com �W 472.9882 101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is, say, someone was down the street at -- I don't know if I can name other restaurants by name or not. But if someone was down the block at Pub & Grub and had a drink there or two drinks there in a short amount of time then came straight here, the alcohol wouldn't have hit their system yet, so when they got here, they may seem fine. Then we serve them one drink, and even though that one drink wouldn't make them intoxicated, they are intoxicated because they had drinks prior to getting here that we didn't know about, and when they got to our property, the alcohol hadn't hit their system so you can't tell. We don't have a breathalyzer to test everybody that walks on the property. Q Right. As far -- so, again, a typical Friday, Saturday, Sunday night, it sounds like you are really dividing up your time and attention to things both outside and inside the restaurant? A Yes, most of it is outside. But, yes, I do -- every time they need something, I do go inside. When I go inside, either Ryan, the other owner, or the GM, Chris, will take over my spot. Q Tell me, do things change later at night, let's say, 1:30 to 2:00 o'clock? Does the crowd change? The level of activity? How busy it is? What are things like out on the street during that time? www.di esassociates.com 472.9882 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The level of activity is probably the same, the kind of activity changes because then you have a lot of intoxicated people walking around Old Town or driving around Old Town. I make many phone calls to the Sheriff's Department to turn in everything from drunk drivers to people running stop signs to the guy running down the street punching cars. None of which had anything to do with us, but because of where we're at, I can see two blocks in every direction. So I have a pretty good vantage point to kind of help them out, because I know they don't have a lot of people down there. Q What else do you see with people? Do you see people vomiting at night -- that late at night? A Yes. Not from our place, but yes, there are people that vomit, there's people that are passed out, people that have fallen in the middle of the street because they're drunk. There's a ton of people in the back parking lot. If I happen to park in the back parking lot and I go to my vehicle, they're peeing in the back parking lot. Q And this is from people leaving all different establishments in Old Town; correct? A Yes. Q And the people vomiting and passing out, you see it up and down the street from your vantage point? www.di esassociates.com � 3 472.9882 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. I also see fights up and down the street. Q When you -- you mentioned that you make calls and you also talked a little bit about the Riverside County Sheriff's Office, do you have communication -- strike that. Do you have the ability to communicate with them should you see a need to get them involved in something? A Yes, I have numerous of their personal cell phone numbers. Q So you have that on your phone? A Yes. Q Do you know any of the sheriff's officers by name? A Over the last two years, I know more than half of them by name. Q And who are some of the ones that -- strike that. Is there a group of sheriffs that are designated to be in Old Town on Friday and Saturday nights? A There is. Although, they do have guys that fill in for them. So we do have ones down here that we don't normally have, but we do have a group that is quote, unquote, normally in Old Town on the weekends. Q And is there usually a sheriff that is supervising them? A They have a sergeant. Q I'm sorry. Sergeant. www.di �I nesassociates.com I�I09 472 . 9882 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That have a sergeant that supervises what they call the Metro Unit which is down here. Since we have owned it, there have been four different sergeants that have ran the Metro Unit. Q And who is the current sergeant that's down there? A Josh Hephner. Q Do you know Sergeant Hephner personally? A Yes. Q Do you have his cell phone number on your phone? A I do. Q If there's a night that he's there and you are working, would it be common for you to have interaction with him every night at least one time? A Normally, numerous times a night. And whether he's working -- because I don't know when he has a day off. But I normally will -- if it's something that's not an emergency, I will text him first because sometimes they're on call. So I either call or text. And he also stops by just to chitchat about how things are going, anything we have noticed. We have had other more -detailed conversations about other things I can go into. Q Do you ever have just personal conversations, just idle chitchat? A Yes. www.diesassociates.com �3W472.9882 105 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What type of -- do you have a standard on what something has to occur or escalate to in order to call the A Anything that happens off of our property that I feel is public safety issue, or anything that's on our property that I feel our security cannot handle. Q Can you give me an example of some of those situations? A A drunk driver would be someone off of our property that I would call in. Fighting -- this just happened two weeks ago, there were two guys punching each other in the middle of the street in front of Pub & Grub. Last weekend, there was a guy that was hitting a girl and another guy came up and punched him. And that was all in the middle of the street down by the antique shop. If someone was going -- say someone is leaving one of the restaurants, and I can tell by the way they're walking they're impaired, and they get into a vehicle, and I call one of them to tell them that person is about to drive and give them a description of the vehicle and where they're at. During COVID, someone was breaking into places, so we called about that. Anything that looks like -- it's a long list. Anything that looks like it's going to be an issue for the public in general. www.di �I esassociates.com � RT472.9882 106 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So not just having to do with your restaurant, but the larger surrounding community of restaurants as a whole? A Yes, I would say that most of my calls have nothing to do with our restaurant. Q Have you had people come up to you out on the street asking you to call the police for something or asking you to get involved? A Yes. Q Can you describe any of those occasions? A We had a woman last year that had her vehicle stolen, and she came running up to us crying, asking for help, and said her car was stolen. And we gave her water and calmed her down and called the police and had them come take a report to help her out. That's one instance. Q How would you characterize your relationship with law enforcement in Old Town? A That is a double -sided question. I was on call yesterday. So I would say it has been, throughout the last two years, incredibly good. The sergeants -- I mean, I have birthday wishes from them -- from officers, from the sergeants. From Christmas stuff, I've seen them out at out places, Costco and stuff, off work, and have chitchats with them, and they come up to me. They have asked me for help on many occasions. www.di ��nesassociates.com �TI0:472.9882 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Because we have 19 cameras on property, they've asked for information on vehicles that were involved in something and they needed the license plate and our cameras are able to grab the license plate. So I would say no less than 15 times have they gotten footage from our cameras to help their case. Q Do you feel comfortable reaching out to them? A Yes. Q Is there a sense of community or comradery with them as far as trying to make a positive impact on the surrounding community? A There has been, there was a little bit of a shift after the shooting. We had a Zoom call with Captain Hall, who I had talked to, whose the captain for this area, and he had called me a year prior and had numerous conversations on the phone. He had asked personally for us to do a couple of things, like stanchions to clear the sidewalk so that people were in a straight line and not impeding the sidewalk at all. We were asked to close early. We were told the City asked us to close early, at midnight, and all of the businesses were being asked that. We were the only ones that complied. So Captain Hall and I had many conversations. And two days after the shooting, we had a Zoom call with Captain Hall and two sergeants, www.di�Ignesassociates.com �IC".472.9882 108 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Sergeant Hephner was there, Sergeant Victor Pearson who was a sergeant too, before Hephner. And there was a corporal Stanch -- his first name was Chad. He was there, and a couple other people. That was two days after the shooting. That conversation -- I wouldn't say it went badly, but it didn't go great. We had no sleep. We were stuck on property for almost 24 hours. And then the candlelight service, so it was bad timing. And then it was kind of portrayed as because of the kind -- it was the "kind of crowd" and a "type of people" that we have here kept being said, and that kind of rubbed me the wrong way after being cooperative this entire time with them. We were the victims of a crime that happened by someone whose parents are both in law enforcement. So there's nothing we could have done about a 22 year old stepping on property and randomly shooting someone. Q When you say "type of people," what do you mean? A I don't know what they meant by that. It was -- the words were "kind of people," and "type of people." I can guess what they were insinuating, but I -- those were the only words they used. So by the way they were talking and what they were saying, I can insinuate what they meant. Q What was your impression what they were getting www.di 1 esassociates.com 3 472.9882 109 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 at? A That we have a high Hispanic and Black crowd. Q Okay. And the shooting, you are referring to the January 2022 shooting; correct? A Yes. Q And the person who was killed is somebody you know personally? A Yes. Q And used to work at your establishment? A He was a former bouncer for us. He had been fired six to eight months before the shooting. And at the time of the shooting, he worked at the restaurant, Espadin, down the street. Q Are there times in your involvement with law enforcement that the purpose of the interaction is to proactively help you run your restaurant to keep things safe, to have a positive outcome and community? Is there anything in your relationship that is proactive where you guys are trying to work together? A Yes, there's many of them. Like I said, the conversations with Captain Hall, that's what that was about. At that time, we had a higher -- at least per the paperwork the City had, we had a higher capacity level than what they have given us now. So one of things they suggested was lowering www.di esassociates.com I qw472.9882 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 capacity, getting the stanchions, having the actual metal detectors. They asked us to add a couple more bouncers. We actually doubled our bouncers instead. That was the one with the captain and Sergeant Pearson. They first had asked us, and said the City was requesting everyone to close at midnight, and he couldn't get anybody else to comply. And he said, "Will you guys do that?" I said, "Of course, if that will help you guys out." The reason for that is they were shorthanded at that time, and it would be easier for them to get to everybody instead of everybody letting out at the same time. After that ended, I would say a couple of months later, Sergeant Pearson came again and personally talked to Ryan and I, and said -- asked if we would do last call earlier, so do last call at 1:15 and close at 1:30 so, again, we were letting out earlier so they could take their officers from one spot to another without everybody getting out at the same time. And because, again, they were shorthanded and it makes their job easier, which we also complied to that just to help them out, which meant we lost business and lost sales, but their safety is more important. There's also been, I would say, five of six times that either our -- when they were bouncers or security -- www.diesassociates.com �3W472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because they formerly were bouncers and now we have security -- or one of the other owners, Ryan, has actually jumped in to protect an officer, because sometimes if a motor officer is the one that shows up first, he is by himself. If he is trying to break up a fight of four or five people -- it just happened a few weeks ago down the street -- we went to assist him to make sure he was safe until other officers arrived. Q The items you mentioned a bit ago about things that the captain recommended, did you implement those recommendations? A Every single one. Q And there's been testimony from previous witnesses about a parking lot that's adjacent to The Bank down Old Town Street toward the river area? A Yes. Q Is that -- A I want to make sure -- I want to make sure we are talking about the same one. There's two parking lots behind us. There is one directly -- there's us and a shop and then a parking lot, which is -- that's closer to us. And then there is one further down which is what is known as Pennypickles' parking lot which is right by the wash and by the bridge. Q Was there one of those parking lots that was www.di esassociates.com � 3 472.9882 112 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having a particularly bad problem with urination, drug use, things of that nature? A Yes. I got a phone call from David, who was the -- David Pinkerton, who I recently found out was not one of the members of Zip Third. He was with Metro Resources, which is the management company. He called me July of last year and said the City had contacted him and told him that there was urination, defecation, prostitution, sex, drugs, everything you can imagine going on in the parking lot directly behind us that Zip Third -- who owns or building, also owns that parking lot and the surrounding buildings of that parking lot -- he said that the City was blaming our patrons for it. He said he went to bat for us and said it wasn't our patrons, it's an open parking lot and anyone can park there. I offered, at the time, a suggestion or a solution. I said if you guys would like us to, we can have one of our bouncers stay in that parking lot -- at the time, it was two of our bouncers, stay in that parking lot all night long, rope the parking lot off, and let people exit as they come to their vehicles and tell them past 8:00 o'clock the parking lot is closed down. And they also swept the parking lot. They wouldn't let people walk through it to get to any other areas, so the outside of The Bank is on the main sidewalk. www.di esassociates.com �� 472.9882 113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And so we did that every Friday and Saturday for five months. Q And did that make a difference in the situation in that parking lot? A That made a huge difference. And we got thanked by most of the tenants that are around, Lorimar Winery being the closest tenant to that parking lot, and thanked us almost on a daily basis for it. She said she felt safe going to her vehicle when she arrived in the morning, and she didn't have to spend an hour cleaning up needles and all kinds of stuff that was in the parking lot. And other tenants said they felt safe going to get the mail at night now because there weren't drunk random people in the parking lot any longer. We still love the tenants. That's what David and I discussed. The tenants -- so Zip Thirds tenants could still park there. So what I talked to them about was putting something in their front windshield so that our bouncers would know that is one of the tenants so that car could stay all night. Q You did these things out of pocket at your own expense? A Yes. We paid for the bouncers and bought all of the cones, all of the signs, the ropes to go up. We purchased everything and paid them every night to do it. www.di nesassociates.com 1rj*309 472 . 9882 114 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And, again, that particular parking lot is not exclusively for The Bank's use. It's open to the general public; correct? A It's not for The Bank's use at all. We don't -- we don't lease any of that parking lot. It just happens to have the same owner as our building does. Q So it's available to the general public for parking? A Yes. And when the bouncers would talk to the people coming, it -- 99.9 percent of the people never came to The Bank. Q Are you aware of an incident involving a shooting that occurred around the Thanksgiving time of 2021? A Yes, I'm the one who called it in. Q So you were working then? A Yes. Q Was it nighttime? A Yes, it was after 1:00 o'clock. Q And were you out in the front of your establishment at the time of the shooting? A I was in the front, but not all the way on the corner. So I was on the front of our establishment. So in front of our property, yes, not the corner of the street. Q And how did you become aware of the shooting? www.dilqTljpnesassociates.com 472.9882 115 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, I heard the shot, and my bouncer that was at our exit actually said he saw the flash and told me immediately. And turned to me and said, "Did you hear that?" Q And so did you call the police? A Yes, I called 9-1-1. Q Immediately? A Immediately. Q And did you ever go down to the location of the shooting to investigate or see anything further? A No, I would never go where there's shots being fired. I didn't go down there at all. We did stay here and wait because, normally, the officers would come and ask us questions or whatever, you know, if we had witnessed it. They would come and talk to us. So two officers that I don't know the names of because they were not normal Metro -- part of the Metro force, came and asked -- they had a general description of the people involved. And they were telling me the description next to my bouncer who happened to be at the entrance of the line all night long. While they were describing it, my bouncer said, "I know exactly who you are talking about. I refused entry to them," and gave an approximate time. I brought the officers upstairs and cued up the time, and they www.di Mesassociates.com 472.9882 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 watched the video and saw that we didn't allow those people entry into the club, and then watched -- they walked towards Stampede area -- I don't know if it's north, south, east, or west. They walked down that way. And so -- and they said, "Okay. They were never in here," and they left. If they would have been in here, they would have taken footage like they have numerous other times. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, I don't mean to interrupt, but it is around 12:00 o'clock. I just want to get a sense of how much more you have on direct examination or when a good time would be to take a lunch break. MR. CALLAWAY: Probably we are going to go into some of the CUP issues, probably another 30 minutes. I think yesterday I said I had three witnesses, and it looks like I'm going to have two. I haven't made that determination, but I'm leaning that way, just to give your Honor a heads up from a scheduling standpoint. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Is this a good time to take a lunch break Mr. Callaway? MR. CALLAWAY: It is, yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case that, let's go off the record. (The lunch recess was taken.) www.di nesassociates.com �� 0.472.9882 117 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Back on the record after the break. Ms. Lane, do you understand you are still under oath the tell the truth? THE WITNESS: Yes, I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q Ms. Lane, do you presently have an employee by the name of Luis Melendez? A No. Q Did you previously have an employee by the name of Luis Melendez? A Yes. Q Did he have a nickname that he went by? A Yes, he did. Q And what is that nickname? A Virus. Q Do you know how he got that nickname? A He's an artist. That's his artistic name, like, Ice-T -- I don't think that's his real name. Q And what did Mr. Melendez do for you while he was employed? A He was a bouncer. www.di esassociates.com .472.9882 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And how long did he work for you? A I would have to guess. I would have to look at his records, but I would say about three or four months. Q And how did his employment with you come to an end? A The night of the shooting that happened, Thanksgiving weekend, by Pennypickles' parking lot, we -- Sergeant Hephner -- I use the officers' first names most of the time, so forgive me if I get slipped up on their first names. Sergeant Hephner had come and informed us that he had asked Virus if he heard anything, and Virus did not want to cooperate and wouldn't give him his real name, so he was immediately fired that night for not cooperating with RSO. Q Are you the one that terminated him? A Yes. Q Did you have anybody else that works there that goes by a nickname or moniker? A Yes. Q Who else, if you know? A Eagle. Q Eagle? A Yes. Q And male or female? A Male. www.di esassociates.com �W 472.9882 119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And do you know how he got his moniker? A He's Native American. His father gave it to him. Q I'm going to direct your attention to CaseLines section Respondent Moore Evidence. Do you have that available, Ms. Lane? A Yes. Q If you could pull up Exhibit K, page D-200 on the Bates? A Yes. Q And do you have that in front of you? A I do. Q Do you know what this document is? A Yes. It's a document that we requested from California Privacy Records Act. It's a public document you -- anyone can get for calls for service from RSO. Q And when you say "calls for service," what do you mean by that? A It would be any call that officers have logged for any particular address. Q And you made this request? A Yes. Q What was the procedure for you to request this document? A I -- the way I requested it was a little different. You go onto their website and simply -- www.di esassociates.com �� 472.9882 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there's, I think, six-ish different things that you can pick that you want records of, and you put the dates that you want, the addresses that you want, and they electronically send it to you by e-mail. Q And this is something you did yourself? A No, Captain Hall did it on my behalf. Q Okay. Did this come directly to you from the who did it come from? A It came to me from the California Protective Rights Act, CPRA, from RSO. Q Okay. A It's a section of RSO. Q Okay. And did you let the captain know the parameters of what you wanted? A Yes. Q And what was it that you requested? A 13 months' worth of calls for service for multiple addresses. Q So this -- go ahead. A Pretty much every operating business similar to ours in Old Town. Q Okay. A And a couple outside of Old Town. Q Did you have to pay any money for that? A No. www.di esassociates.com �W 472.9882 121 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. The first line on that has a date of July 3rd of 2021, and the last line July 16th of 2022. Was your parameter request those exact dates or was it different? A No, it was 7/1/2021 to 7/31/2022. Q Okay. A Yeah. Q And did Captain Hall tell you that he had made this request? A Yes. Q And that the document was delivered directly to you? A Correct. Q Is this an accurate and correct copy of the document that you received? A Yes, it is. Q And you received it by e-mail. Was there a particular person that you were working with there or that sent it to you that you recall? A No, it comes through from their -- RSO's website. It's a department of RSO, and they update you along the way on the progress, and you have to log in to see the records. Q You had a chance to review this document? A Very much so. www.di esassociates.com �W 472.9882 122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And, again, this document is the one you received from the governmental agency? A Correct. Q Okay. And in looking at this document, did you take the time to go through each entry to see what it pertained to? A Yes, I did. Q And what are some of the categories that you see as far as information that is provided on this document? A The incident -- going across the line, it's incident date, the day of the week, incident time, call type, call number, officer number, officer name, address, city, the RC time is when it was called in -- I only know this because I asked Captain Hall to explain some of these acronyms -- dispatch time, arrival time, clear time, and depot, what kind of report it is, or if there was a report taken or not, and whether there's a written report or not a written report. Q And you say this information is available for any commercial industry or business in the City of Temecula? A It's actually for anyone. You can actually request it unanimously. It's a public record. Q And this particular document pertains to what entity or location? A The Bank. www.di esassociates.com � 3 472.9882 123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In going through -- when you testified you went through this document, did you see anything that looks like it pertains to The Bank that you believe is not accurate? A Many things. Q Can you -- if you have them, let's go through one by one. Let's start from top to bottom. What's the first one you believe that's not accurate? A The incident on 73, the stolen vehicle. We have no parking lot, so there can't be a vehicle in our parking lot. So that would have been the address closest to wherever the stolen vehicle was. And I know it was the lady who told us her vehicle was stolen. She made the call from outside our facility, which is why our address is on it. Q Are there any more? A Yes. 7/4. Q Of what year? A 2021. The next one down. That incident was a older gentleman who was taking video up girls' skirts inside of the restaurant, and he was asked to leave. And he complained to Officer Bowman that our security or bouncers at the time were rough with him or something along those lines. And he came down and looked at our video footage of it, and said that we did nothing wrong. www.di nesassociates.com I�109 472.9882 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When you say "he came down," is that Officer Bowman? A Yes. Q Are there any more? A Yes. All of the ones that say "no report," which I think I grayed out on there, means that a call was made but they showed up and there was no evidence, nothing to substantiate a report being made, which is, if you will see, more than half of calls that are on there. 8/15/2021, we were closed at that time. That was 3:05 in the morning, and I'm the one who called 9-1-1. It was a drunk person outside on the street, acting crazy, and going up to other businesses, and so I called 9-1-1 for that one. Q Any more? A 8/1/2021, we were not open. Q When you say you were not open, this is -- A Let me clarify that. On this -- they normally use military time. If you will see on this record, it doesn't differentiate between 4:00 a.m. and 4:00 p.m. So instead of using correct military time, it doesn't actually ever go past 12:00. There's no 13. So if it was 4:57 a.m., we are not open. If it was 4:57 p.m., we would have been open, but I don't know what suspicious circumstances would be. www.di esassociates.com I qw. 472.9882 125 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you can't say for certain, but you have a question about the time. But you don't have a conclusion one way or the other? A Right. And because it says "suspicious circumstances," I don't know what that qualifies as. Q Are there any more? A And that was on my birthday. My birthday is on 8/1, so if it was in the afternoon, we were actually here at that time and nothing happened. So either way, that one doesn't make sense. On 9/12/2021, that was a gentleman who -- that would be the one that I told you about before, about the video tape. Q Okay. A The earlier one was an older gentleman that was not on the property, the one on 7/4. He was not on our property. He was outside of our property. I think he's either homeless -- he's around here. The officers know him quite well. He was outside yelling and screaming, but he was on the public sidewalk, so I called that in to have them come and take care of him. On 11/27/2021, why our address is on that, I have no idea. That shooting was at Pennypickles, which was over a city block from us, and I'm the one who called 9-1-1 about it. And the officers came and we showed them www.di esassociates.com � T472.9882 126 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that we didn't let those people into the property ever. So our address should not be on that at all. One of them is grayed out, but I still put it on there. 1/11/22, it's a follow-up call. We were actually closed. That was the night of the candlelight service. 1/13/2022, we were closed. So the weapons violation, we weren't open at that time. 2/14/2022, we also were not open. It's just a lost property, but we weren't open for that. And then the rest of them all have no reports generated. Q And these cover a 13-month period; correct? A Yes. Q Okay. So this document is highlighted, and you put the highlights in. Can you tell me what the yellow highlight means? A The yellow ones were questionable, and I had to look up. And I either went through my text messages, because most of the time I called. I normally call -- unless it's an actual emergency like shots fired down by Pennypickles, I call 9-1-1. If it's something else that is not, you know, quote, unquote, an emergency, I call one of the officers that are down here, because they're normally within a couple of blocks from here. So I went through all of my text messages and I have messages and/or reports back from them about all of www.di f"�nesassociates.com � Z0:472.9882 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the stuff and what happened. Q So there are some incidents on here that are attributed to The Bank where you were the one that made the call? A Yes, there's a lot of them. And every single one of these that has a report written, I have requested Captain Hall to go through the report because he's going to -- if it was near our address and not at our address, he's going to differentiate between the two. I got ahold of him yesterday and he hasn't got them finished yet. Like the public intoxication on 8/15, that could have been someone on the corner near us but nothing to do with us -- that one I know had nothing to do with us. I think you get my point. If there's no report taken, he can't even look it up. If there's a report taken, yet we don't have any info for it, he doesn't know if it happened on our property because of us or it just happened near The Bank. So he is reading the report to differentiate between that. Q Did you put some gray highlights here? A Yes, all of the gray are no report was generated. Q Okay. So other than -- so you made those two changes. Other than that, this document is accurate and complete as to the data as far as what was provided to you by the governmental agency; correct? www.di esassociates.com .472.9882 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That is correct. MR. CALLAWAY: Okay. Your Honor, I would move to admit this document into evidence as Exhibit K. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objection? Hearing none, Exhibit K is admitted. (Exhibit K was received in evidence.) MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q If you can go to Exhibit L, the Bates stamp is D-201. A Okay. Q Can you describe this document for me? A It's the same document for Stampede. It's the 13 months of calls for service. Q Did you obtain this in the same way as the other document that we just admitted? A Yes, I did. Q For clarification, did Captain Hall do this one also or did you do it direct? A He did all of them -- Q Okay. A -- on my behalf. Q And, again, was the request made for the same time parameter of July 1, 2021 through the end of July www.di esassociates.com � 3 472.9882 129 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2022? A Yes. Q And did you request the captain to obtain this document for you? A Yes, I did. Q And did you receive it in the same manner as the call for service for The Bank that we were just reviewing? A Yes. They are all on my -- it's -- actually, you have to log into your own account that's been made. So when I log into my account, these are all in the same spot. Q Okay. And this document pertains to what location? A Stampede. Q Now, you would not have any firsthand knowledge as to the accuracy of any of the calls, the dates, the purpose, or anything of that; correct? A Correct. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, I want to interrupt here really quick to ask a question. What is Stampede? THE WITNESS: Are you asking me? MR. CALLAWAY: Go ahead, Amanda. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. What is Stampede? www.di esassociates.com I qw. 472.9882 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: It is a bar that is located at the end, closest to one of the arches in Old Town. It's about three blocks from us. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you. Go ahead, Mr. Callaway. MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q How many total entries do you see for this document? MS. PETRUSIS: Objection, your Honor. I don't know why it's relevant to talk about the Stampede. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yeah, I question the relevance of this, too, Mr. Callaway. We are spending an awful lot of time on it. I think it can be handled very summarily. The issue of what you are trying to get at here is the number of calls at The Bank being similar to other restaurants in the area. Is that the point of this? MR. CALLAWAY: It is, your Honor. Based on yesterday's testimony, it is completely relevant given that the testimony of the sergeant, in the way that it was framed, as far as The Bank versus other locations. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think it has some relevance with regard to that, I agree. I don't www.di esassociates.com ��ZO 472.9882 131 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think we need to spend a lot of time on this, Mr. Callaway. We can do this relatively quickly. The document speaks for itself. MR CALLAWAY: Right. I was just going to have the number and move to the next one. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Go ahead. THE WITNESS: I believe I counted 63. MR. CALLAWAY: Okay. I request that this document be admitted into evidence as Exhibit L. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objection? Hearing none, Exhibit L is admitted. (Exhibit L was received in evidence.) BY MR. CALLAWAY: Q If you could go to Exhibit M, as in Mary? A Okay. Q And, again, for the sake of brevity -- MR. CALLAWAY: And, your Honor, if you want me go into more detail, I can. BY MR. CALLAWAY: Q Is this the same type of document obtained in the same manner as the previous two that we just reviewed? A Yes, it is. Q And it pertains to what entity? www.di 1 esassociates.com 3 472.9882 132 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Pub & Grub. Q What is Pub & Grub? A Restaurant/bar about a block away from us. Q And can you tell me how many entries that you see for Pub & Grub? A It looks like 75. MR. CALLAWAY: I request that this document be admitted into evidence as Exhibit M. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Lane, is this the same time period as the other documents that we previously admitted? THE WITNESS: Yes, all of them are for the exact same time period. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objection for my receiving Exhibit M? Hearing none, Exhibit M is admitted. (Exhibit M was received in evidence.) MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q If you could go to Exhibit N, as in Nancy? A I'm already counting them again. Q Again, is this the same document obtained in the same manner and the same time parameter for the previous sort of calls that we just discussed? A Yes, it is. www.di esassociates.com 472.9882 133 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And what entity is this service call list for? A Adelaide. Q And what is Adelaide? A It is a newer bar/restaurant that's the next block down from us. Q And what count do you have on this one? A I think it's 48. Q Okay. Thank you. A Sorry. I would have had this done if I knew you needed to know how many. MR. CALLAWAY: I request that this document be entered as Exhibit N, as in Nancy. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit N is admitted. (Exhibit N was received in evidence.) BY MR. CALLAWAY: Q Could you go to Exhibit 0, please? A Yes. Q Again, same document type obtained in the same manner with the same time parameters as the previous several call lists we discussed? A Yes, it is. Q And what facility or entity does this document pertain to? www.di 1nesassociates.com 134 109 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Bailey's. Q What is Bailey's? A A bar/restaurant between Stampede and Adelaide's. Q And how many calls do you see for Bailey's? A 27. MR. CALLAWAY: Request that this document be entered into evidence as Exhibit 0? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit 0 is admitted. (Exhibit 0 was received in evidence.) BY MR. CALLAWAY: Q And if you could go to Exhibit P, as in Paul? A Yes. Q Again, same document obtained in the same manner, same time parameter as the previous service calls we have discussed? A Correct. Q And what entity is this for? A Blackbird. Q And what is Blackbird? A Also a bar/restaurant that's on the opposite side and a block up from where we are. Q And how many calls on this document? A 29. www.di esassociates.com I qw. 472.9882 135 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CALLAWAY: Request, your Honor, that this document be entered into evidence as Exhibit P. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit P is admitted. (Exhibit P was received in evidence.) BY MR. CALLAWAY: Q I want to take you back to, Ms. Lane, Exhibit K, which is the service call list for The Bank. A Uh-huh. Yes. Q Can you tell me how many calls you see on this list? A There are 40. Q Okay. Thank you. I want to change direction here and talk about your involvement on behalf of The Bank and communications with the City and the CUP. So that's where I'm going, just so you can understand that. Again, refresh my memory, when did you take ownership in the CNC Puma and begin your involvement with The Bank? A February 27, 2020. Q And is there somebody on behalf of The Bank or CNC Puma that you dealt with primarily in order to obtain an interest or get involved with CNC Puma and The Bank? A Mostly Craig Puma, but we dealt with Craig and www.di esassociates.com � T472.9882 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Christy Puma. Q Do you know if it's C-H or K? A C-H. Q And Y at the end? A Yes. Q As of February 27, 2020, did you have an understanding, then, as to the operating hours of The Bank as far as what it was allowed to do? A Yes, it was 8:00 a.m. to 2:00 a.m. is what we were told. Q Before February 27, 2020, had you ever been a patron at The Bank? A Many times. I've lived here 21 years. Q And did you ever, during that time, visit The Bank beyond 10:00 p.m.? A Many times. Q And beyond 11:00 p.m.? A Many times. Q Beyond midnight? A All the way up till 2:00 o'clock, many times. Q Okay. How quickly after February 27, 2020, did you begin servicing the public at The Bank? A The next day. Q Looks like you came in right before COVID started? www.diQMnesassociates.com � `Tf6 472.9882 137 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Two and a half weeks before COVID. Q And what impact did that have within two and half weeks with respect to being open to the public? A We had to close two and a half weeks after purchasing it, so it was -- devastating, I guess is a pretty good word. But it was either -- everything was closed, so it was wait it out and do the best we could, or you know, fold. There really wasn't much option. Q And at some point in time you were able to get back to being open to the public and operating in a somewhat normal manner? A Yes. For a period of time, and then there was another shut down, so we had to shut down again and then open again. Like everyone else, all of 2020 was kind of a blur because it was -- a lot of different rules changing constantly. Q During that brief time that you were open between shut downs, what type of hours did you operate? A In the beginning, we kept much shorter hours just because the COVID situation was unique. So, A, we had to put a lot of employees on unemployment, and they didn't want to come off unemployment to work because they were making more on unemployment, so it was us actually doing a lot of the work. We were cooking. We had a basic staff of about www.di esassociates.com C . 472 . 9882 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 five people at one point. So we shortened our hours significantly. We were probably only open, I'd say, 12:00 to 6:00 or 7:00. When it was take-out only, we were open even shorter than that. So it just depended on what point in 2020 we are talking about. The rules changed almost daily, it seemed like, for some of the stuff. So it was a lot of reacting to whatever the governor was putting out that day. We listened every day at noon to see what the new ordinances were. Q At some point in time, were all restrictions taken off of your ability to operate The Bank with respect to COVID -- as far as COVID restrictions? A I don't know if all restrictions were taken off. 2020, towards the end of 2020, I think 90-some percent of it was taken off. Q As of the end of 2020, had you ever operated up until 2:00 a.m. after the initial COVID shut down? A At the very end of 2020 is when we were open until 2:00 a.m. Q And as of the end of 2021, was it your understanding that you were permitted by the City of Temecula to be open up till 2:00 a.m.? A Yes. Q At some point in time, did you learn that the www.di esassociates.com ZU 472.9882 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City said that you could not stay open till 2:00 a.m.? A Yes, in -- I think it was February or March of 2021. We were given a warning citation for being open, which is when I contacted -- actually, let me stop. We were given a warning. Tom didn't have a lot of info on what I was asking -- Q Let me stop you there. Who is Tom? A Tom Cole. Q Go ahead. A So because he's the one who wrote the citations, I went to City Hall and requested all of the CUPS on the address, and they supplied me with the 2007 and 2012 CUP. And I then called Craig, and that's when Craig informed me of the 2008 CUP and what the date was. That is when I went back to City Hall and requested the 2008 CUP, and that's when they told me they did not have a copy of it. Q When you refer to Craig, is that Craig Puma? A Yes, sir. Q When you went to City Hall and you were informed they did not have the 2008 CUP, had you gotten a copy of it from anybody? A No. Q You were just told by Craig Puma that it existed? A Correct. Q Do you remember who you talked with or met with www.di E�'�esassociates.com I1 472.9882 140 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or communicated with at City Hall when you went back and asked them for the 2008 minor modification? A I talked to Jaime. Q Do you know Jaime's last name? A It starts with a C -- Cardenas? I don't know. I'm guessing. I worked with him previously on a project for a different place that I ran. Q And what was it Mr. Cardenas told you? A That they didn't have the 2008 CUP, and he referred me to Section 28 of the 2012 CUP, because I told him what the citation was for. He highlighted that part and said, "You can show them this. It shows you could be open until 2:00 a.m." Q So you're referring to Section 28 of what document that said you could be open? A Of the 2012 CUP. Q When you got the notice of violation from the City, what was your reaction? A Shocked, I mean, with confusion, I guess. Q At some point in time, were you able to get a copy of the 2008 CUP or minor modification? A Yes. I called Craig Puma and discussed with him what was going on, and he made -- he said, "I'll make a phone call to ABC, because they have to keep it on record for hours of selling alcohol. Anytime there's a change in www.di esassociates.com 472.9882 141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hours in selling alcohol, ABC is to be notified." He contacted ABC that runs the Riverside office, and she then e-mailed Craig the copy of the 2008 CUP. Q And did Craig subsequently provide it to you? A Yes. Craig e-mailed it to me, and he also e-mailed it to Luke Watson, and I took a physical copy to City Hall. Q I want to direct your attention to -- go back to the CaseLines exhibits again, under Respondent Moore Evidence, and look at Exhibit G. A Okay. Q Do you have that document? A Yes, I do. Q Can you describe the document for me? A It's an e-mail chain between Brad Landon, myself, and then one of the fire marshals, and then a slew of other people got added on there that all work at the City. Q And is that an e-mail that you generated? A I generated the first part of the e-mail. Q Okay. The one dated Thursday, March 11, 2021, at 5:26 p.m.? A Yes. Q Is that e-mail address next to your name, the e-mail address you were using at the time? A Yes. www.di 1% esassociates.com 472.9882 142 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the e-mail address for Brad Landon, do you recognize that to be the accurate address for him as of that time? A Yes, it is. Q Was this e-mail ever returned as undelivered or undeliverable to you? A No, it was not. Q Is the e-mail a true and accurate copy of the e-mail that you recall sending Mr. Landon at that time? A Yes. Q Was there an attachment to that e-mail? A Yeah, it was a 2012 CUP. Q And there is an additional e-mail below that dated Saturday, September 25, 2021, at 11:59 p.m.; correct? A Yes. I forwarded that to Elsa. She is one of the fire marshals. She requested to see it. Q Okay. How did it come about that Elsa had requested to see it from you? A Well, they were doing -- the City has been having them do fire inspections every Friday and Saturday night for almost two years now. At least once a night, normally twice a night, they go to 12 different facilities and count capacity and check noise levels. And on one of her times that she was here, she was discussing with me and www.di esassociates.com 3472.9882 143 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she said she was going to help get to the bottom of it, and for me to forward what I had to her. Q And is that a true and accurate copy of the e-mail you sent to Ms. Wigle on September 25, 2021, at 11:59 p.m.? A Yes, it is. Q And is that e-mail next to your name an accurate e-mail that you had at that time? A Yes, it is. Q And the e-mail for Ms. Wigle, do you recognize that to be an accurate e-mail that you used for her at that time? A Yes. Q Did this e-mail ever come back to you as undelivered or undeliverable? A No. Q And if you go down, there is a third e-mail in there dated Tuesday, September 28, 2021, at 5:56 p.m., do you see that? A Yes. Q And can you describe that document for me? A That was her responding to me on what she had found. She went through what she had told me what she was going to do, and went through our files to get all of our CUP permits and minor modifications. And the only ones www.di" 9nesassociates.com 30.472.9882 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 she was able to find was the ones listed there, the PA '07, and the PA '09, and PA '12. Q No reference to the PA '08? A No. Q Let me identify it in a little more particularity. No reference there to the CUP for PA 08-0236; correct? A Right. Q And that e-mail came from Ms. Wigle; correct? A Correct. Q Do you recognize that e-mail as being one associated with Ms. Wigle as of that time? A Yes. Q Was the substance of the e-mail something that you had expected given that you had corresponded to her by e-mail three days earlier? A Yes. I mean, I didn't expect her to find anything different than what I was already told. I was hopeful she would find it. Q And your address is on the to, T-0, line; correct? A Yes. Q And can you tell me who else's names are on there? And real quickly, just by name, and who they are, and who they're affiliated with, if you know? www.di esassociates.com 3I07472 . 9882 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Do you want me to do all of their names? Q You know, like the first one, Brian Clemmons, do you know who he is, if so, who? A Okay. So Brian Clemmons, I do not know who he is. Brandon -- I don't know how to pronounce his last name -- I know he worked for the City. He actually came to a meeting that we had -- all of the businesses had during COVID to see how he could support everyone. That's how I knew he worked for the City. Edgar Gonzalez, I don't know his role at the City or who he is. I'm sorry. I do know who Edgar is, if it's the right last name. He was one of the fire marshals. He's no longer at the City. Jesse LeRoux, I don't know who that is. Randy Wood also worked for the City. I don't know in what capacity at that time. I think he's with the planning department, but I'm not sure. Q And is that e-mail a true and accurate copy of the e-mail that you received from Ms. Wigle as of that time of September 28, 2021, at 5:56 p.m.? A Yes. Q The next e-mail down, we are down to -- actually, give me a quick second here. So we are still on Bates stamp D-186. So it looks like there was an e-mail from you on Wednesday, September 29, 2021, at 2:44 p.m. Do you see that? www.di esassociates.com 3 .472.9882 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And was that e-mail initiated from your computer -- strike that. Was that initiated from your e-mail that is next to your name? A Yes. Q And your directing it to Elsa Wigle; is that correct? A Yes. Q And that e-mail from Elsa Wigle is the one you believe is associated with her as of that date of September 29, 2021? A Yes. Q And there are a number or people on the CC that match up above. Were you simply including everybody that she had included in her previous e-mail? A Yes. I just put "reply all," so it went to the same people. Q And you recognize this e-mail? A Yes. Q And does it appear to be a true and accurate copy of the e-mail that you sent as of that date and time? A Yes. Q Did it come back as undelivered or undeliverable in any manner? A No. www.di.-r-v!j:nesassociates.com 310.472.9882 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In looking at this, you say -- or it says, "What about the prior modification that was approved? I'll forward it again." What prompted you, if you recall, to send this e-mail? A Because the 2008 was, again, not listed on there, so I had already sent it to the City, hand -delivered a copy to them, and she still wasn't able to find it in September, so I sent it another time. Q Did anybody from the City that is on this e-mail reply to you in any manner to either your e-mail of September 29 -- actually, strike that. Did anybody on this e-mail thread, other than Elsa Wigle, reply to your e-mail of September 29th? A No. MR. CALLAWAY: Your Honor, I move to enter this document into evidence as Exhibit G. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, Exhibit G is admitted. (Exhibit G was received in evidence.) MR. CALLAWAY: Thank you, your Honor. BY MR. CALLAWAY: Q So going back after reviewing this document in the late September 2021 time, can you tell me kind of what was happening with respect to the CUP, the 2008 and the www.di esassociates.com 3.472.9882 148 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hours? Where did you feel things were at? A In limbo. We were still trying to figure out how to get the 2012 fixed. There were many errors on the 2012 that were made by the City, and we simply just wanted it corrected. I mean, it was, obviously, an honest mistake of copying the wrong one. Because from what Jaime told me, they went from one kind of program to another, and when they changed programs, they lost a bunch of documents. So, okay. I don't know when that was. And I don't work for the City. So my whole purpose was just get everything on here fixed. Q If Jaime told you that, were you of the opinion that the 2008 minor modification to the CUP, that the City didn't have possession of it? A Yes. Q As of that time, were you being fined by the City for violating hours and violating hours for service of alcohol? A No, we were being fined for violating hours, not service of alcohol. Q Okay. Did you repay any of those fines? A We paid some of those fines. We paid a total of $15,400.00; although, $500.00 of that was actually Pub & Grub's fines that were accidentally mailed to us. When I was paying some of the fines, I didn't notice it www.di esassociates.com 3472.9882 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was Pub & Grub's citation, and I paid it. The City cashed the check, and I don't know if they credited us or Pub & Grub for that. But $500.00 of that was actually Pub & Grub's fines. Q And you have continued to receive fines since September of 2021, again, for hours -related violations per the City; correct? A Correct. Q Do you have an approximation of how much the unpaid fines have totaled to this date? A Well over $100,000.00. Q Why did you pay some of the fines and not others? A In the beginning, I mean, we are new business owners. I've never had an issue with City Hall before, because I worked with Jaime on event projects for another business I was involved in, and I had a great relationship with him personally doing that. So at the time it was -- we didn't want to make an enemy of them. It's a citation, just like I would pay a ticket and then have to go fight it in court, and I figured once they figure it out, they will refund us the money and, you know, everything will be fine. Once Luke Watson stopped returning phone calls and e-mails, everybody at the City stopped returning anything, then I stopped paying the fines at that point. www.dilrlrlrPJ esassociates.com 310.472.9882 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And you never paid fines from the City for hours violations because you thought they were correct that you weren't able to stay open until 2:00; would that be correct? A That is correct. Q To this date have you ever -- to this date, do you still feel that you and the City are on opposite sides of the issue of how late The Bank can stay open hours wise? A Yes. MR. CALLAWAY: Your Honor, no further questions at this time. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Just one second. Cross-examination, Ms. Petrusis? MS. PETRUSIS: Thank you, your Honor. CROSS-EXAMINATION BY MS. PETRUSIS: Q So, Ms. Lane, you testified earlier that you took ownership on February 27, 2020. Do I have that correct? A Yes. Q So what does that mean that you took ownership? Can you describe that a little bit more, please? A Well, we became partners with Craig and Christy, www.di esassociates.com 3472.9882 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taking over the operations of The Bank restaurant. Q So just to be clear, this is a corporation, so are you shareholders or partners? A We are technically shareholders. Q Okay. How many other shareholders are in CNC Puma Corporation as of right now? A Four total, including myself. Q And who are those individuals? A Myself, Ryan Parent, Craig Puma, and Christy Puma. Q So you began taking over the day-to-day management of the restaurant on February 27, 2020? A 28th. Q I'm sorry. February 28th. Okay. In the past year and a half, has The Bank always had licensed security guards working at The Bank? A No, it was not required. Q And even today, not all of the security guards wear the clothing that's required by the City's ordinances; is that right? A That is not correct. MR. CALLAWAY: Objection, your Honor. Lacks foundation. Vague and ambiguous. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Overruled. You can answer the question, Ms. Lane. www.di esassociates.com 3472.9882 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: That is not correct. All of the security guards do wear the proper clothing and identification. BY MS. PETRUSIS: Q So when did they start doing that? A July 31st is when they had to start wearing all of it. Q So it's your testimony -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Of this year? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. BY MS. PETRUSIS: Q So it's your testimony that since July 31st, every time a security guard has worked at The Bank, that person has worn the clothing that's required by the City ordinance? A Every security guard, yes. Q At the time of the January 2022 shooting, you didn't have someone at the restaurant use a metal detector, wand, or patting down incoming patrons; isn't that right? A At 9:30 at night? No, we did not have someone wanding on a Sunday night. Q So do you still think that there was nothing the www.di esassociates.com 3472.9882 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 restaurant could have done to prevent a 22 year old from coming onto the property with a gun? MR. CALLAWAY: Objection. Argumentative. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Overruled. Go ahead. You can answer. THE WITNESS: I think it's a very broad statement. I think there's always something someone can do differently in any situation. BY MS. PETRUSIS: Q So you do believe that The Bank could have done something to prevent that 22 year old from coming onto the property with a gun? A No. Q Could you have had a security guard use a metal detector wand? A We could have. That would not be normal practice for a Sunday for any business. We had diners. We don't normally wand our diners. Q Ms. Lane, there's no pending question. The individual who went by the name Virus that was previously employed at The Bank, he was on probation for a weapons violation, wasn't he? A That's not what I was told by the officer. Q And what I'm asking is if you know that? A No, not to my knowledge. www.di". 9nesassociates.com 30.472.9882 154 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you ever do a criminal background check on Virus? A No, that was also not something that is required. Q It wasn't required to do a criminal background check on security guards? A On bouncers, no, it is not. Q So it was the case, then, that your bouncers had criminal histories? A No. Q None of them had been previously convicted as felons? A I wouldn't know the answer to that, I didn't do a criminal background check on them. Q I believe you testified earlier that the 2012 conditions of approval say that The Bank could be open until 2:00 a.m., did I have that right? Is that your belief? A Yes, that's what Jaime told me. Q Well, let's go to those conditions of approval. So I would like you to take a look at City's Exhibit 9. A Okay. Q So the conditions of approval start at page 45. Can you tell me where in the conditions of approval it says that The Bank can stay open until 2:00 a.m.? A The one that Jaime highlighted for me and told me www.di" esassociates.com M7 472.9882 155 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to show anyone who questioned it is 28-A. Q So is it your believe that 28-A permits The Bank to stay open until 2:00 a.m.? A At the time the City official was telling me that, that's what that said. Q Okay. But I'm asking you right now if you believe that Condition 28-A gives The Bank the authority to stay open until 2:00 a.m.? A Right now do I think that? No, now that I've done a ton of research and figured out what's going on. Q Okay. So is it your belief now that the conditions of approval from 2012 do not give The Bank the authority to stay open until 2:00 a.m.? A It is my belief that the 2012 conditions of a approval are grossly incorrect and copied and pasted from the 2007, and I could point that out in about eight different places. Q So I don't think I got an answer to my question. I asked you a different question. Do you believe that the 2012 conditions of approval give The Bank authority to stay open until 2:00 a.m.? MR. CALLAWAY: Objection. Asked and answered. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Overruled. THE WITNESS: The 2012, as it stands alone, the way it's written, no. www.di .esassociates.com 3 472.9882 156 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. PETRUSIS: Q Thank you. Now, when you testified about not receiving the 2008 conditions of approval, could it have been that when you were requesting the CUP, it's because you were given the original CUP from 2007 and then the current conditions of approval from 2012? MR. CALLAWAY: Objection, your Honor. Multiple hypotheticals. Calls for speculation. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to sustain that. I think that question is a little bit confusing, and I think you are asking to another step ahead. What's the provider in that one, Ms. Petrusis? MS. PETRUSIS: Okay. BY MS. PETRUSIS: Q So why haven't you complied with the permitted operating hours from the 2012 conditions of approval? A I've complied with the operating hours that The Bank has already been given in 2008, as long as -- I mean, as well as the Type 47 license that was done in 2007, which is also wrong, and on the 2012. Q Have you ever submitted a minor modification application to the City? A No. MR. CALLAWAY: Objection. Vague and ambiguous. For what purpose? www.dilrlq�nesassociates.com 157 316:472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: Well, regarding the purpose that we are here today. MR. CALLAWAY: Well -- MS. PETRUSIS: I'll ask a different question then. BY MS. PETRUSIS: Q Regarding the 2012 conditions of approval that are regarding the 2007 CUP, have you ever submitted a minor modification application to the City of Temecula? A There would be no reason to. Q So is that no? A No, there would be no reason to. Q You testified earlier that you have paid at least $15,000.00 in response to the citations and civil penalties; is that correct? A $15,400.00 to be exact, and $500.00 being Pub & Grub's. Q And you have never submitted a request to appeal a citation or a civil penalty letter that was issued for violations at The Bank; isn't that right? A I have requested an appeal to this entire thing. So to one actual citation letter, no, if that's what you are asking. Q What was the request to appeal this entire thing that you just mentioned? www.di esassociates.com ��3 .472.9882 158 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I have talked to Luke Watson and sent him e-mails. I went to City Hall at least 30 times to meet with him. Q You went to City Hall 30 times? A Yes. And I was there for hours. Q Do you believe that complying with the hours of operation set forth in the 2012 condition of approval will hurt The Bank's business? A I'm sorry. Can you say that one more time? Q Do you believe that complying with the conditions of approval from 2012 -- the 2012 conditions of approval will hurt the business -- The Bank's business? A If I went off the 2012 conditions of approval, it would definitely hurt The Bank's business because we would have a 41 liquor license. Q Wait. I'm confused. The 2012 condition of approval don't take you back to a Type 41 liquor license. A It actually does. On No. 23, it says the applicant currently has a Type 41. Q So is it your position that paying those fines and ignoring the citations and civil penalties that are issued every week is cheaper than complying with the hours requirement? A It's not a matter or what's cheaper, it's a matter of there was a mistake made that needs to be www.dilrSWFW2nesassociates.com 3472.9882 159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rectified. Q So was your plan to continue to violate those hours and receive those citations and civil penalties? A My plan was to have the City rectify the mistakes that were made. Q Did you ever speak to Norman Solomon about the citations and civil penalties received by CNC Puma Corporation? A Yes, I did. Q And when did you speak to him about that? A I do not recall. Q Can you give us your best estimate? A Him, personally, I honestly couldn't tell you. There's nine people in Zip Third. So him, personally, in July, I think, but I'm not 100 percent sure. Q July of which year? A This year. Q Was that the first time that you spoke to anyone at Zip Third Investments about the citations and civil penalties? A No. Again, I don't want to say no because I don't actually know the answer to that. We have Zip Third and we have Metro Resources, so there's 11 people total that I deal with. I'm not exactly sure which person at which time it was discussed with. www.di"Wpesassociates.com 3472.9882 160 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q In 2021, did you ever speak to anyone at Zip Third Investments or Metro Resources about the civil penalties or the citations? A Yes. Q And do you remember who you spoke to? A David Pinkerton. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And I'm sorry, Ms. Petrusis. I apologize. Could you get clarification as to who Metro Resources is? MS. PETRUSIS: Yes. I'm going to ask Ms. Lane that. BY MS. PETRUSIS: Q What is Metro Resources? A They're the management company for the property owner. Q And by property owner, are you referring to Zip Third Investments? A Yes. Q And what is Mr. Pinkerton's role? A I actually don't know the answer to that question. Up until recently, I actually thought he worked for Zip Third. Q Okay. So is it your understanding that he either works for Zip Third or Metro Resources? A I just found out that from the court documents www.di "Mresassociates.com U07.472.9882 161 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that were filed that he works for Metro Resources. Q When you spoke to him in 2021 about the citations and civil penalties, what was your understanding of what his role was? A I thought he was one of the owners of the property. Q Do you remember when in 2021 that you had this conversation with Mr. Pinkerton? A It was around July when he called me about the City complaint about the back parking lot. Q Okay. So around July 2021, you had a conversation with Mr. Pinkerton, and was it during that conversation that you discussed the citations and civil penalties that were issued to The Bank? A I don't know if it was in as much detail as the citations and civil penalties, but the overall gist of what was going on, yes. Q And tell me everything that you remember about that conversation, like -- for example, what did he say in response? A The conversation started with him calling, saying the City complained about the back parking lot and it was our customers that were causing the problems, and that he went to bat for us with the City saying it was a public parking lot and it wasn't necessarily our customers. And www.diaOinn-esassociates.com IX7472.9882 162 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's when we got into the -- we must have had a conversation before that because he asked if the City was still harassing us, and I said yes. And then it was -- it was a general conversation of the CUP issues hasn't been resolved. We are still fighting it out, I guess, for lack of a better word. I don't know the exact conversation. That was a long time ..• Q So was Mr. Pinkerton your contact person for Zip Third Investments? Did you go through the property manager then? A Two contact people I had at the time was David Pinkerton and Shawn Pinkerton. Q So if you wanted to contact the landlord, the property owner, how would you do that? A At the time I would have called David, because I thought he was one of the property owners. Q Did he ever mention to you about what Zip Third was going to do about the violations of the CUP, if at all? A No. Q After that July 2021 conversation, did you talk to anyone else at either Metro Resources or Zip Third Investments about the violations of the CUP? A After which date? I'm sorry. www.diIrs esassociates.com 163 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q The July 2021 conversation. A I talked to Shawn Pinkerton, but that was about the parking lot. I don't -- I talked to Norm and Rick and someone else in this year. I also talked to -- David Pinkerton was there the day after the shooting. He actually drove down here and we talked on our patio that day. And the rest of the conversations, I think, were around June or July of this year. And then I had multiple conversations between June and July and mid August-ish with Norm and Rick -- Norman. Q So do you believe that David Pinkerton knew about the citations and civil penalties that were issued for violations of the CUP? A Again, I don't differentiate between the two. I don't think I would have used that terminology. That we were being cited, yes. Q Okay. Fair enough. So let me ask it in a different way. I apologize. So do you believe that David Pinkerton knew about the citations that were issued to CNC Puma Corporation for violations of the CUP? A There were some. How many -- it's not like I went over it. I don't think it was that detailed. Q And you received a copy of the planning director's notification of his recommendation that the CUP be revoked dated May 19, 2022; is that right? www.dilrnolnesassociates.com ffO.472.9882 164 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Okay. Switching gears a little bit. I'd like you to look at City's Exhibit 15 which is page 273. Have you ever seen this flyer before? A I have. Q And what is this flyer advertising? A An equality -- I don't know how to -- party, I guess is the best way to put it. Q Okay. And when is this party advertised to occur? A Here, it says, "Doors open at 9:00, show starts at 10:00." Q I'm sorry. What did you just say? A I said I didn't make the flyer, so I had to look at it to see. Q And did this event happen on July 6th? A Yes. Q And did it start at or around 10:00 p.m.? A Yes, at or around. I don't know exactly what time it started. Q And the party, what did that entail, exactly? A It was -- I have never actually been to a drag show, so I don't have a lot of reference on this. They were drag people that were here on property that lip sync. I don't know if this is when they lip synced or just www.di11wesassociates.com 3I0.472.9882 165 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 walked around. There was a couple, they -- one person at a time would lip sync to a song. Q And would they also dance? A Yes, I mean, as much as you can dance in a three -foot -wide space, I guess. Q How often were there these -- I think you mentioned drag show, these types of drag show events at The Bank? A We had three total -- two or three total. And we haven't had them since. Q And how long have you had -- or I should start off by asking, have you had a live DJ at the restaurant? A I'm confused. A live DJ? Q Okay. Then, a DJ. Have you had a DJ at The Bank? A Yes, we had a live DJ at The Bank. Q And is that on a regular basis? Like, how often do you have a DJ at The Bank? A Pretty much every weekend. Q And for how long? A Since the end of 2020. Q And would the DJ typically perform after 10:00 p.m.? A Starts or continue performing? Q Okay. Let's start with what time the DJ www.di QJ esassociates.com �rs 472.9882 166 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 typically starts performing? A It -- it depended on the day. Anywhere from 2:00 in the afternoon to 9:00 at night. Q So it's sometimes that the DJ would start at 9:00 at night? A Yes. Q And how late would the DJ perform? A Until 1:00 a.m. The latest was 1:00 a.m., sometimes it's until 10:00 p.m. It depends on the day. MS. PETRUSIS: Can I have just a moment, your Honor, to look at my notes? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sure. MS. PETRUSIS: I don't have any further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Did you want to deal with Exhibit 15 or no? MS. PETRUSIS: Okay. No, I don't think I need to enter it into evidence. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, cross-examination, Ms. Martyn? MS. MARTYN: In this case, your Honor, Mr. Edwards will be conducting the cross-examination. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Edwards? MR. EDWARDS: Thank you, your Honor. www.dilrM2Anesassociates.com 3T0:472.9882 167 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CROSS-EXAMINATION BY MR. EDWARDS: Q Ms. Lane? A Yes. Q I recognize you have been testifying for quite a while. Are you prepared now to give me your most accurate answers this time of day or do you need a break? A I'm good. Q I recognize I have no power to give you a break, I just wanted to see if you did. A No, thank you. I appreciate it. Q Now, you said there were nine people in Zip Third. Remember, you're under oath. I'm not talking about what you estimate or what you think. Do you have any idea whether there are nine people in Zip Third is really true? A That's what Norman told me on a phone call and in the last few weeks. Q He told you there were nine people? Do you know if he was referring to the number of owners or employees? A I don't know the answer to that. It was -- I was actually making a joke about it. I was asking who was on the phone call and then I said, "Sorry, it's been different people all the time. How many people do you guys have?" And he said, "Nine." So I don't know if he www.di QQJJ esassociates.com 3T�472.9882 168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meant owners or total employees. I don't know the answer to that. Q Did he seem like he was joking? A Yes. Q All right. So you didn't think he was serious when he said there were nine people? A I have no idea. We've had a pretty good relationship so, I mean, it's not -- I didn't take note of it and write it down and figure out how much percentage everybody has. It was a passing comment. Q Okay. I understand, now, you had a conversation with David Pinkerton, and was this conversation -- referring to the conversation where he called you about the parking lot. Am I clear with you with what I'm talking about now, the parking lot conversation? A Yes. Q Which is then approximately late June, early July 2021; am I correct? A Correct. Q Okay. And he called and told you, "I got a call from the place about the parking lot." Correct? A No, he told me the City called him. Q Okay. So the City called him? A Correct. Q Now, shortly after that, within the week, did he www.diQJ�esassociates.com 3TU 472.9882 169 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tell you that he was going to have a camera system installed in the parking lot? A No, there was already a camera system in the parking lot. He did ask me about the lights in the parking lot, and I told him that they -- that they weren't bright enough. And he told me, which I already knew, but he reiterated that they had a security private patrol officer -- security that drove around, which I knew because I had seen them before. Q Did he tell you they are having a new camera system installed which had approximately 14 cameras, a loud speaker, and a monitor who could speak to people in the parking lot if they were out of line? A No, I think that was already installed at that time. Q You think it was installed before he called you? A Yes, because I remember being in that parking lot and having someone yell at me over the thing. Q Okay. Now, I recognize that your testimony -- you said that call that you had with him was a long time ago, and you said you were being hassled by the City. Am I correct you told him that? A Yes. Q Okay. Now, do you know whether it was this conversation or some other conversation that you -- www.di1 esassociates.com 472.9882 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Sorry. Mr. Edwards, you broke up there for a second. Can you repeat your question? MR. EDWARDS: Yes, your Honor, of course. BY MR. EDWARDS: Q Do you know, Ms. Lane, whether it was this conversation or some other conversation where you said to him, "I've gotten some citations or official communication from the City"? A I know we had it in that conversation. I don't know if we had it in a previous conversation as well. Q Okay. As best as you can tell me, you said before, it wasn't detailed. What is your best recollection of what you said? And let me tell you what I'm trying to get at. You just mentioned, "I'm getting hassled," or did you say, "I have gotten a citation"? And if you don't know, say you don't know. But be as precise as you can. A I actually -- I would actually be guessing if I said -- I knew I told him we were being hassled. I couldn't honestly say if I said exactly if there was citations, not citations, what it was about. Like I said, it was mostly about the parking lot and the City -- how he felt the City was portraying us and was going along with how I was saying the City was acting toward us. www.diJ�esassociates.com p 472.9882 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Now, did you speak -- and, again, if you don't know, just tell me you don't know. This is not a memory test. I want to get your most accurate testimony. Do you know whether you received a phone call from Mr. Pinkerton in approximately March 2022, in which he said, "I have received some citations. What's going on?" A I do not recall. Q Okay. Do you ever recall receiving a call from him in, let's say, the spring of 2022 -- and, again, I don't want to confine this just to citations. He's gotten something from the City indicating you're getting notices, fines, citations, penalty letters, anything like that, and in March of 2022, did you get a call where he asked you to explain what was going on? A I don't recall having -- I don't recall having a phone call from him at all about that. It could have happened, but I don't remember. Q Okay. What about Shawn Pinkerton? Any call from him on that subject about the time I was asking, March 2022? A Not that I recall. Q Okay. Now, you said you spoke to Norm Solomon this year; correct? A Yes. Q And you thought it was June or July of this year; www.di1 esassociates.com 472.9882 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 am I right? A Yes. Q Okay. Now, in that call, can you recall the substance of the call? A I don't know everything, but we did go over the citations, the CUPS, what was going with on with it. We also went over the bankruptcy case. Q And was this the first call you had with him on these topics? A I think so. Q Okay. Now, in this -- let me back up a little bit. You are the CEO of Puma Corporation; correct? A CNC Puma, yes. Q Okay. Yes. And you have been so since February 27, 2020? A Correct. Q All right. And if I were to say -- correct me if I'm wrong. If I were to say you run The Bank restaurant, the buck stops with you, is that correct? A For the most part, yes. Q Okay. Does that mean that you consult with others in certain situations? A Yes. And there's certain aspects that one of the other four deals with that I don't deal with. Q But what? www.dilrSgVinnesassociates.com ff.472.9882 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I have a lot less to deal with. They deal with more of it than I do. Q Deal with more of what? A Like, the bankruptcy, for instance. Ryan deals with more of the bankruptcy than I deal with. Q And you and Ryan are co -owners; am I correct? A Me, Ryan, Christy, and Craig. Q Okay. You own 40 percent? A Yes. Q And Ryan owns 40 percent? A Correct. Q What is Ryan's last name? A Parent. Q Okay. Now, is it accurate to say that, generally, you have been at The Bank Thursday through Sunday nights since February 27, 2020? A Not all Sundays, but Thursday through Saturday, I would say, probably, 80-plus percent, yes. Q Okay. Now, were you there last Thursday? A I don't know. I don't think so. Q Okay. Fair enough. A I don't even know yesterday. No, I don't know if I was here last Thursday. Q How about last Friday? A Yes. www.diIrsresassociates.com 30.472.9882 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What time did The Bank close that night? A 1:50 a.m. Q Okay. And on the last Saturday night, did it close about the same time? A Yes. Q Now, I understand there have been some COVID closures, and I understand there's been a shooting closure for a memorial, and I understand there was a period when the police asked you to close a little earlier so all of the bars wouldn't flood the street at the same time; am I correct so far? A Yes. Q Other than those occasions, were your closing times last Friday and last Saturday typical for the period of your ownership? A Yes, except for the other one when the City, through the Sheriff's Department, asked for everyone to close early. Q Which was for -- A That would be the only other big one. It was for months. Q For months? A Yes. Q How long are we talking about? A I think that one was two or three months. www.dilrSC'Vnesassociates.com M- 472 . 9882 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And during that period of time, let's say, Friday and Saturday, since those are easier for you to recall, what time did The Bank close? A Midnight. Q Midnight. Okay. Now, this is not an accusation. I'm just trying to get a fact. Okay. You were doing this knowing that the 2012 CUP was inconsistent with your closing hours; am I correct? A Kind of. If I can explain my answer? The 2012 CUP is inconsistent with the liquor license, and it's inconsistent with the hours and it's inconsistent with the patio, because there's also a 2009 CUP which hasn't been found with anybody except ABC. So since we have a 47 and not a 41 license, which is the 2012, my -- again, I don't work at the City. It's either the City made a mistake and didn't correctly do the 2012, or, as they claimed on their court filings, collectively, they make up the CUP. So if you say collectively they make up the CUP, that means the 7, 8, 9, 10, and 12 all go together and all of those things are correct. Q Okay. I understand your answer. Thank you. Now I'm going to lead you a little bit, so if I say something inaccurate, correct me; okay? A Okay. Q In part I'm leading you because I'm going to try www.di esassociates.com ��3 .472.9882 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my darnedest to make sure we end this hearing today. A Thank you. Q Okay. Now, I understand -- again, here's where I'm leading you, so correct me if I'm wrong. I understand that you operate during those hours, the hours that of 1:50 a.m. or 2:00 a.m. or whatever it is on Friday and Saturday, in part, because you believe the restaurant would become insolvent quickly if you did not; correct? It wouldn't be able to pay its bills? A I don't know if I can answer that with a yes or no. If -- I mean, if we went back in time. If we are going off 2012, apparently, we can go back in time to meetings that happened in 2007. But if we went back in time and COVID never happened and we were able to continue this whole time, then the answer would probably be different. With that, the gas prices going up, not being able to hire people, minimum wage going up, all of our products going up -- the entire reason we started doing the later nighttime was to keep the business going. I mean -- that's -- that was at the time we started, it was the only thing we could come up with to continue it. Q And as my mother used to say, "If wishes were horses, beggars would ride." Where am I going with that? And do you believe that if you changed your hours to www.dilrgq�nesassociates.com 3I0472.9882 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 comply with the 2012 CUP as it's written, without reference to anything else, you are closing at 10:00 or 11:00 or whatever, would you -- would The Bank become insolvent within 30 days or so? A Yes. Q And that's one of the reasons you continue to operate at the hours you operate; am I correct? A And it also says there's a 41 liquor license, so you're not only talking about taking hours away, you're talking about taking a big chunk -- the amount of money that's being taken away from a 47 to 41, plus taking away that amount of hours, would be cutting the business in half, essentially. Q So I am leading. Pay close attention. If the CUP is revoked, will you continue to operate at the same hours that you are operating now for as long as you can? A No. Q Okay. Well, will you close the restaurant? A I don't think so. I'm actually pretty resourceful, so I would probably figure out something. So I probably -- I don't know what I would do. I mean, there's a ton of other avenues to go down, and those would be minor modifications for different things. But across the street, they have different entertainment stuff. We already have an entertainment license. We can add www.dippesassociates.com 3 .472.9882 178 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 different entertainment things. So, I mean, I would -- just like when COVID happened, my answer would be the same. When COVID happened, we said, "All right, we will figure this out and go as long as we can, and if it works, it works, and if it doesn't, hey, I put everything into it." I would do the same thing. Q Okay. So sitting here right now, talking to me, you believe you would be insolvent within 30 days if you had to operate at the hours of the 2012 CUP, referring only to the specifics; however, if the CUP is revoked, you will be as resourceful as you can to try and survive; is that fair? A 30 days is a little short. I think if it was 90, that would start questioning it, yes. 30 is a little bit short, and -- I don't know. Right now, seasons are a little weird, so -- yeah, that's a hard question to answer. Q Well, you might -- but you told Mr. Solomon that you thought you would have to close within 30 days if you cut back the hours? A The amount of change that we would have to do would be excessive. I mean, the entire restaurant model would have to change completely, which, number one, it's just sad because it's been the same kind of restaurant for www.di esassociates.com 3472.9882 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 40-some years. So we would have to completely change the restaurant model 100 percent because we don't make that much money off of middle-of-the-road Mexican food. So if we went to the 41 with those hours, then, yes, there would have to be massive changes. Q Well, Mr. Puma testified that most of the money was made in the late hours, midnight to 1:30, I think he said. Do you concur with that? A Yes. Q Okay. And CNC has a lease for the premises -- CNC Puma has a lease for the premises; correct? A Correct. Q But you have never read that lease. You know the rent, but you have never read the lease; correct? A Yes. We were supposed to be added to the lease and sign it, but I have never gotten a copy of the lease. I don't think Ryan and I have been added to the lease. I haven't read the entire lease. Norman did send me a couple of excerpts from the lease recently, so that's all I have read of the lease. Q And those excerpts had to do with notice you should give the landlord if you get notices; right? A Correct. Although, I will say, we were being told -- and on the paperwork -- and I'm sure you guys can see -- it says that Zip Third was being notified, so I www. dilrS& Mhesassociates.com 3472.9882 180 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 felt is was counterproductive for us to notify you of something -- or notify them of something they were already being notified on. But I also did not know that was in the lease at that time. Q Fair enough. Now, you got a lot of letters at The Bank that were also addressed to Zip Third; am I correct? A Yes. Q Or Mr. Solomon? A They were addressed to Zip Third. Q Okay. And you assume Zip Third was getting them some other way; am I correct? A Yes. Because I know I was getting it and Brad Landon was getting a copy for me as agent of service, and then I was getting Craig's, but Craig was getting it. So I assumed that everything was getting doubled here and also getting sent to the parties. Q So you assumed there was no need to forward that to the Zip Third; correct? A Correct. I also assumed the City has to notify the building owner, and that would be on the City to do. MR. EDWARDS: All right. I have no further questions at this moment. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any redirect? www.dicom 3z0:472.9882 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. CALLAWAY: Yes, your Honor. REDIRECT EXAMINATION BY MR. CALLAWAY: Q Ms. Lane, in your conversations and communications with various people from the City regarding the operating hours and the 2008 CUP and the 2012 CUP, has anybody from the City ever told you if you file a minor modification to the 2012, requesting hours to 2:00 a.m., that they would grant it? A No. Q Has anybody from the City ever said that if you file a minor modification to the 2012 CUP, that they would do anything to lower -- my apologies. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Go ahead, Mr. Callaway, we can hear you. BY MR. CALLAWAY: Q -- that they would lower the fines and penalties? A No. MR. CALLAWAY: That's it, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any cross? MR. EDWARDS: None from me, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. Ms. Petrusis? MS. PETRUSIS: No, your Honor. www. dijr5dfKjnesassociates.com 3Mr 472.9882 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, Ms. Lane, you may be released. Thank you for your time. THE WITNESS: Thank you very much. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We are back on the record after the break. Mr. Callaway, do you have further witnesses? MR. CALLAWAY: Other than rebuttal, no. I'm sorry, your Honor. As far as rebuttal, none planned as of this time. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you, Mr. Callaway. Mr. Edwards, it's your opportunity to present your evidence. Your first witness? MR. EDWARDS: Norman Solomon. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Solomon, I see you on the screen. I'm going to place you under oath. Please raise your right hand. www.dilrSvfWesassociates.com 3472.9882 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NORMAN SOLOMON, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I do, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You can put your hand down. And please state and spell your full name for me. THE WITNESS: My name is Norman Solomon, S-0-L-0-M-0-N. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. First name, N-O-R-M-A-N? THE WITNESS: Thank you. Correct. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Edwards. MR. EDWARDS: Thank you, your Honor. DIRECT EXAMINATION BY MR. EDWARDS: Q Mr. Solomon, are you the manager of Zip Thirds Investments, LLC? A I am. Q You know the property we are talking about here occupied by The Bank, did Zip Third Investments -- and www.di". 9nesassociates.com 30.472.9882 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'll just refer to it as Zip -- purchase that property? A It did. Q And do you remember when? A Yes, in 2016. Q From whom did it make that purchase? A I believe the actual was from the Estate of Maureen Licata. Q Now, Zip is an LLC; am I correct? A That is correct. Q Does it have any employees? A It does not. Q Okay. Have you ever told anyone it had nine employees? A I have not. Q Okay. Where is your main office -- your main office, if any, for Zip? A The address for the office would be 3055 Wilshire Boulevard in Los Angeles. Q Now, COVID began mid -March 2020, have you worked in that office since mid -March 2020? A I have not. I probably have been to the office just a few times since COVID started in mid -March. Q When you say "a few," give us something more precise. How many are a few, your best estimate? A Maybe five. And then very carefully going in on www.dilrSesassociates.com 3I0472.9882 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the weekend, after hours, and maybe during office hours once or twice for short periods of time. And by short, I mean, maybe 15 minutes to half hour or an hour. Q And do you have -- there's also a company called Metro Resources; am I correct? A Correct. Q And what does it do? A Metro Resources is a real estate full -service brokerage company. With respect to Zip Third, it's the property management company for Zip Third. Q Is there a particular property manager regarding the property called The Bank? A That would be Dave Pinkerton. Q And what is your age? A Next week, I'll be 76. Q And what is Mr. Pinkerton's age? A I believe his age is approximately 68. Q Since COVID, has he gone into the office? A Very, very little. And, essentially, probably like me, just a handful of times. Q And now there's an issue in this case about notice, so I want to get into your background and your custom and practice. Could you give us some brief background of your history of property ownership? A I have been in real estate, development www.di esassociates.com 186 ��3 .472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 syndication, management for over 40 years now, and probably owned well over 100 properties and been involved in, probably, close to 100 LLCs. And when I buy property, I bought it sometimes individually and sometimes with partners and sometimes as the manager of the LLC. Q Okay. We know you are the manager of Zip which owns The Bank property? A Uh-huh. Q Do you have any other property ownership in Temecula? A Yes. I have owned or been involved in ownership in nine different properties in Temecula. And, currently, we just sold a couple. Currently, we own five. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Hold on just a second. Sergeant Hephner, I think your microphone is unmuted. Do you mind muting if you can hear me? Go ahead, Mr. Edwards. If we have more interruptions, I'll try to deal with that. MR. EDWARDS: Thank you, your Honor. BY MR. EDWARDS: Q How long have you or one of your entities owned property in Temecula? A For over 10 years. Q Now, to your knowledge, excluding notices that www.dilrlq@Mnesassociates.com 3I0472.9882 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the City says were sent to your office, has the City ever complained to you about any of your projects other than this property, The Bank? A No, they haven't. And with respect to The Bank, it would be regarding the CUP issue. Q Okay. Has anyone informed you before March of 2022 of any problem at or near The Bank? A Yes. Q Okay. Who was the first person -- and I'm not suggesting there's more than one. Who informed you of a problem at or near The Bank? A The property manager, Dave Pinkerton. Q When was that? A That would have been in the summer of 2020. Q Okay. And what problem did he tell you about? A He said that we were having an issue that was creating problems with the tenants and at the property with the vagrants and homeless, you know, nuisance problems with people sleeping over night, defecating at the property, leaving trash, and sometimes finding some needles, and that it was creating issues for the tenants. We were concerned. So that was the nature of the issue. Q And you have told us of other properties you own in Temecula, are any of them near The Bank? A Yes, three others are literally on the same block www.di esassociates.com ��3 .472.9882 188 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 as The Bank. We have one that abuts just to the west, an office and retail building. And we have one that abuts just to the north, and that's a retail building. And then just north of that, we have another one that abuts north. So the properties that we own near The Bank make up the entire block of frontage on Front Street and then the block to the west on Main Street. Q The parking -- we have heard testimony about a parking lot. Can you describe for us the location of the parking lot? A There are actually two parking lots that are attached to two of the three other buildings. The Bank does not have any parking nor is there any that they have as part of their lease. So the building to the west, which we call the clock tower building, has retail ground floor and offices on the second floor, and that has a parking lot just to the north of the building that you access through the middle of the building on the first floor and can also be accessed to the north. You can drive in or out from the north or from the south of the building. And the second parking lot would be in the second building to the north of The Bank, and that is a retail -- both retail building, and in front of it, there's a parking lot on Front Street. And that parking lot can be accessed from the north side of the www.dilrSesassociates.com 3472.9882 189 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 parking lot or the south side of the parking lot. Q Any member of the public can park there in either of these lots? A Yes. The lots are, obviously, for the use of the tenants and their customers and guests. But they are open, and often people park in there that are not customers or tenants of those buildings. Q Now, you heard from Mr. Pinkerton about a problem with these parking lots, or parking lot, did you do anything in response? A Yes, we did. Yes. I would hope my answer would be "of course." The answer is yes, we did. The first thing we did is called the Sheriff, and we spoke with the Sheriff. And we were told that they would do their best, but they had insufficient resources, and this was not their highest priority. Q Did you take a next step? A Yes, yes. Q What step was that? A We -- the first thing we did was to hire a security guard patrol while we were investigating. And very quickly thereafter, installed a security camera system for the buildings. Q Okay. Now, does this system include a loud speaker? www.dilrSesassociates.com 3472.9882 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A So what the system includes -- the answer is yes. What the system includes is 14 cameras, plus a strobe light, plus a loud speaker with a talk -down component so that -- as Amanda said, it was used on Amanda once when she was there. So if something or somebody that is inappropriate is entering onto the property, that there will be able to talk down to somebody saying, "You're trespassing. You must leave the property immediately or the police will be called," and what we found is, and what has happened is, that in 90-plus -- whatever, 95 or 98 percent of the cases, the people leave either immediately or almost immediately from the premises. And if not, then the police are called and the security patrol company guard is called also. Q Does the company dispatch people to the site? A Yes, yes. Q Okay. Now, you learned of this activity in the parking lots when? A This would have been probably -- you know, probably, I first learned in summer or early summer, maybe June or July. The security system and cameras and the monitoring was installed in June or July of 2020, so we probably learned about it right about then or a little before. www.di�r� esassociates.com 3I0:472.9882 191 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And this was at -- I assume no one donated this system? A That would have been nice, but we couldn't find a grant for it. We had to pay for it ourselves. Q And what was the cost? A It was just over $20,000.00. I believe it was $20,235.00, plus the ongoing monthly monitoring cost for the monitoring and patrol. Q Now, the City has put into evidence a number of penalty letters and administrative citations. I mentioned March of 2022. Do you have any knowledge of when your office first started to receive anything from the City regarding the CUPS, Conditional Use Permits? A Me or the office? Q Well, your current knowledge, today, after some investigation? A My knowledge, today, is March of 2022. Q Okay. And how did you obtain that knowledge? A When I first found out about the Conditional Use Permit Revocation, I pretty quickly thereafter called my office. I was pretty sad to learn of it. And asked if they knew anything or heard anything of it, and I was told that they did. So I asked them to put everything that we had together, make sure that when I came down and pulled the www.di" esassociates.com 3472.9882 192 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 file that there wasn't anything anywhere else, that they gathered it all together and it was in the file. So that's how I learned. In asking and looking through the file, the first thing we got -- the first thing we had and the first thing we had in the file was early March, a violation which has been referred to as the civil penalty violations letters from March -- I can't remember if it's March 2nd and 3rd or March 3rd and 4th. Whatever that Friday and Saturday is of 2022. And the envelope that it arrived in was postmarked March 7th, so we would have probably got it in the office whatever time you think after a postmarked March 7th letter would come. And looking through the file and, you know, rechecking, we had eight envelopes starting postmarked March 7th of 2022. Each envelope had two violations, a violation from Friday and Saturday of that weekend. So we had 16 violations. Now, subsequent to that, we have received other violations, but at the time I came in, which would have been in, probably, July -- July 12th or 13th, that kind of time frame, of 2022 -- to the office to look, we only had 16 violation letters which were contained in eight envelopes starting in March of 2022. Q Now, you how did you learn that there was the possibility of Conditional Use Permit Revocation? www.dilrSdE%nnesassociates.com . 3 472.9882 193 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I received a phone call from Jennifer Petrusis. Q And when was that phone call? A That was on the Fourth of July weekend on Friday evening after 5:00. Q And did you ignore -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I think we might have another microphone issue. If you are not speaking, if you don't mind muting your microphone, please. Go ahead, Mr. Edwards. MR. EDWARDS: Yes. BY MR. EDWARDS: Q Now, you have said you just learned of the revocation issue after 5:00 o'clock on Friday, July 1st. Did you shrug your shoulders and say, "There's nothing to worry about"? A No. I got a call from my office, I think it was 5:05 on Friday afternoon, July 1st, and it was our bookkeeper who said he received a call from the City Attorney in Temecula and she said it was important and to please call her back, so I said, "Thank you." I got the number from him, and I called her right back. I left a message. By the time I said, "Are you sure that's who called," because I was quite surprised, and he said "Yes." And so by the time I talked to him and www.di". lnesassociates.com 3 0.472.9882 194 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 took down the number and called her, it was 5:15. I left a message at 5:15. I called within 10 minutes, and she called me back at 5:30 on that Friday, July 1st. Q Did you speak to her at that time? A Yes. Q What did she say? A She said that -- well, what she first said was, "Are you the agent for service of process for Zip Third Investments, LLC?" But I could be wrong if she added the IT LLC . IT Q And did she say more than that? A Well, I answered the question, and I said, "Yes, I am. And I'm also the manager for Zip Third Investments." Q And did she tell you the purpose of her call? A Yes. She told me that the City was moving to revoke the Conditional Use Permit for 28645 Old Town Front Street for The Bank. Q Did you say anything in response? A Yes, I did. Well, I was stunned. I had no -- I didn't, you know -- it took me a minute to kind of, you know, compose myself because I didn't understand. I think I probably asked her, "I don't know anything about this. What's going on? We have no notice -- nothing of this." She might have responded and said something. www.dilr5d§lgnesassociates.com 3 .472.9882 195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then I said, "Well, the Conditional Use Permits -- we are the owners of the property. The Conditional Use Permit runs with the land. We're the ones that hold it. And I understand that you are telling me," -- she was telling me about violations and there were violations that they had, staying open beyond what their CUP allowed, and they were making noise, et cetera. So I began reiterating that I had no information about it, I didn't know anything about it, and asked her if she could send me some information. And, by the way, in that same conversation, I said, "We are going to need time to investigate this," because she was telling me there was going to be a hearing. And I said, "I don't know anything about it. I need time to investigate this and work with the City to see if we can resolve this. That's what I've always done is work with the City, and we will need some time." So that was pretty much the nature of that call. Q Did she say anything about sending you notices and when she would have expected you to receive them? A Yes. She said that the notices had been sent to the address of The Bank for the first year, and that starting, you know, in March, they were then sent to the office on Wilshire Boulevard. Q And did she make any mention of an August 2021 www.di esassociates.com 3 .472.9882 196 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 letter at your office? A No, definitely not. Q And until you saw that exhibit, had you ever seen that letter before? A When you say "that exhibit," do you mean the letter from August from Tom Cole? Q Yes. 2021. A No, I had never seen it or heard it from anybody until just before this. Q Now, Mr. Watson testified that he did not remember meeting with you. Had you met with Mr. Watson before hearing from Ms. Petrusis? A You know, I have to do something. There is someone that's been knocking at the front door. Just give me one minute. MR. EDWARDS: We might have Mr. Fernandez now. Mr. Fernandez, can you hear me? He's probably on mute. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I see his name. MR. EDWARDS: Okay. Mr. Fernandez? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: He may be there or not. MR. EDWARDS: Okay. He gave me his cell phone. May I have permission to call? www.dilr� nesassociates.com 3 0.472.9882 197 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Back on the record after the brief break. Mr. Edwards, I understand we are going to interrupt the testimony of Mr. Solomon quickly because we have another witness who has a limited time frame. So I'm assuming you would like to call Mr. Fernandez as a witness; correct? MR. EDWARDS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Fernandez, are you there? MR. FERNANDEZ: I am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. I'm going to place you under oath. I can't see you, but I can hear you. So could you please raise your right hand for me and let me know when you have done so? MR. FERNANDEZ: It's raised. LAZARO FERNANDEZ, called as a witness, and having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: www.di esassociates.com ��3 472.9882 198 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. You can put your hand down. Please state and spell your full name. THE WITNESS: Lazaro, L-A-Z-A-R-O, Fernandez F-E-R-N-A-N-D-E-Z. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Edwards. MR. EDWARDS: Thank you, your Honor. DIRECT EXAMINATION BY MR. EDWARDS: Q Good afternoon, sir. A Good afternoon. Q What is your occupation? A I am an attorney. Q Do you have a specialty? A I do. My concentration is bankruptcy law. Q Okay. And when you passed the BAR, did you work as a law clerk to a bankruptcy judge? A Yes, I did. It was a one-year position. Q And when was that? A That was approximately July 1988 to July 1989. Q And have you been in private practice thereafter? A Yes. www.dilrSdE%ftnesassociates.com . 3 472.9882 199 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And during that time, is it fair to say that you have handled hundreds of bankruptcy cases? A Yes. Q Okay. Did you provide some services to Zip Third Investments, LLC? A Yes, I did. Q When? A Approximately August 2022. Q What were the services? A The services provided were the drafting and filing of a motion to convert the CNC Puma Corporation case from Chapter 11 to Chapter 7. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Hold on a second. I'm having some difficulty hearing you. So am I understanding you were hired to convert the CNC Puma Corporation, LLC from what to what? THE WITNESS: Chapter 11 to Chapter 7. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you. THE WITNESS: I also filed a draft motion -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: You filed a what motion? THE WITNESS: Draft relief from the automatic stay motion. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. www.di"qMesassociates.com 3 .472.9882 200 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. EDWARDS: Q You filed that with the court; correct? A Yes. Q And did you appear in court regarding your motions? A Yes, I appeared in person before bankruptcy judge, Wayne Johnson, in Riverside California on both motions. Q Okay. And in order to get a hearing date in August, did you have to make a motion? A Yes. I filed two applications for shortened time for hearings, which were reviewed and granted by the bankruptcy court. Q Now, with your understanding of bankruptcy law, could Zip Third had filed an unlawful detainer while the debtor, CNC Puma, was in bankruptcy? MR. CALLAWAY: Objection, your Honor, as to this line of questioning, and based on relevance to the action. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Go ahead, Mr. Edwards. MR. EDWARDS: It relates to prompt action upon notice. The issue raised by both people -- both sides were noticed, including us. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going overrule the objection. www.dicom 3 .472.9882 201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Go ahead, Mr. Edwards. MR. EDWARDS: Okay. BY MR. EDWARDS: Q You appeared in court. What was the result -- by the way, I don't know if I got an answer. Could they have filed an unlawful detainer while the debtor was in bankruptcy? A No. Q Okay. And you've told us you appeared in court. There was a hearing; correct? A Yes, there was. Q Was an order issued after the hearing? A Yes, there was. Q What was the order? A The order of the court was that rather than converting the case to Chapter 7, decided to dismiss Chapter 11 bankruptcy. The bankruptcy case, having been dismissed, rendered a relief from stay motion moved per the order of the court. Q Okay. So it was your understanding after the dismissal of the bankruptcy, the automatic stay no longer existed; am I correct? A That is correct, yes. Q Okay. Now, the work that you did -- and I may need help from Ms. Martyn. I have sent you some exhibits. www. dilr5doCknesassociates.com 3Mr472.9882 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And that's Exhibit E 1-4. The stamps are 769-811. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Edwards, I will need some help on that. MR. EDWARDS: Ms. Martyn, can explain that better than I can. MS. MARTYN: If you don't mind, your Honor, you will recall when you marked the exhibits, we grouped the bankruptcy -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Give me a Bates number on CaseLines, and I'll go right there. MS. MARTYN: PP, ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No, it's B something. MS. MARTYN: The Bates number is 769 through 811. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Hold on one second. MS. MARTYN: And it's listed as Respondent's Exhibit E 1 through 4, as Mr. Edwards indicated, and then there's one additional one. But let's do this one first. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Hold on a minute here. So it's Bates 769 through something. MS. MARTYN: 811. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. We have two, 769 through 811, that's Exhibit PP. www.di esassociates.com 3472.9882 203 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. MARTYN: Yes, and Exhibit HHH, which is 1039 through 1041, which is the dismissal that Mr. Fernandez just referred to. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you. Which one are we looking at first, Mr. Edwards? MR. EDWARDS: 769-811. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Exhibit PP? MR. EDWARDS: Yes. BY MR. EDWARDS: Q Okay. Mr. Fernandez, you have seen that exhibit; correct? A I have. Q And are the documents within those numbers true and correct copies of your filings in the bankruptcy court? A Yes, they are. Q And now regarding Exhibit HHH, page numbers 1039 to 1041, which purports to be the dismissal order, you have seen that as well; am I correct? A Yes, I have. Q And is it a true and correct copy of the dismissal order you got through PACER? A Yes, it is. www.di". lnesassociates.com 3I0.472.9882 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: Your Honor, I would ask that those exhibits be received. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any objections? Hearing none, both Exhibits PP and HHH are admitted. (Exhibits PP and HHH were received in evidence.) MR. EDWARDS: Your Honor, I have nothing further for Mr. Fernandez. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Any cross-examination, Ms. Petrusis? MS. PETRUSIS: Yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. CROSS-EXAMINATION BY MS. PETRUSIS: Q Mr. Fernandez, when were you retained to provide services for Zip Third? A Mr. Edwards sent me an e-mail the very last week of July. I was on a business trip in Florida. I'm also licensed to practice in Florida. I was on business in Florida when I received the e-mail. Q And is that July of this year? A Yes. Q Were you retained before that for Zip Third? www.di".fP2nesassociates.com 205 310- 472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I was retained after this communication with him. Q So you have only be retained once by Zip Third; correct? A Correct. Q And that was sometime during the last week of July 2022? A Correct. MS. PETRUSIS: Thank you. No further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Any cross-examination, Mr. Callaway? MR. CALLAWAY: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, any redirect, Mr. Edwards? MR. EDWARDS: None. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Thank you very much for your time, Mr. Fernandez. You may be released. THE WITNESS: Thank you. I appreciate it. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. In that case, hold on a second. Let me get myself together here. Mr. Solomon, are you still there? THE WITNESS: Yes, I am here, your Honor. Thank you for allowing us to do that. www.di esassociates.com 3I .472.9882 206 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Edwards, I assume you want to resume with Mr. Solomon; correct? MR. EDWARDS: With your permission. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Hold on just a second, Mr. Solomon. You understand you are still under oath the tell the truth? THE WITNESS: I do, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. Mr. Edwards. DIRECT EXAMINATION (Continued) BY MR. EDWARDS: Q Mr. Solomon, I believe I was saying that Mr. Watson had testified and did not recall meeting with you. Did you meet with Mr. Watson? A Yes, I did. Q And when was that? A That was not long after we started buying property in Temecula. So, you know, I can understand his potentially not remembering me. He meets with so many people. But, yes, after I started acquiring property in Temecula, I really liked it, and I knew I wanted to be involved there. So I asked for a meeting and went in with www.di"� nesassociates.com 3I0.472.9882 207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my broker who knew Mr. Watson, and we had a meeting together with him at City Hall. Q Did you have a purpose for that meeting? A I did, yes. I wanted to get to meet the economic development director at the time we met, so that could put a time frame on it. He would have been the right person to meet with to let him know that I wanted to develop relationships with the City. I really liked it there, and I wanted to be involved, and if there was things that I could do to assist, you know, I would be happy to do so. I gave him my card. And, you know, I felt like it was a very positive meeting. Q How long was that meeting, approximately? A That's a good question. I'm going to say somewhere around half an hour to 45 minutes. Q Now, do you have a custom and practice of trying to maintain good relations with city officials in cities that you own property? A Absolutely. Absolutely. You know, not just because, of course, out of self-interest, it's good for me and us in our properties, and it's just -- my philosophy is that you try to give back to the community and help develop communities, and that was consistent with what I do and how I operate. At some point later when the Old Town Business www.di esassociates.com 3I .472.9882 208 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Association was being formed -- it sounds like from Craig, there was one earlier. But when it was being formed again, I was one of the founding members, and in doing so, helped write to the bylaws and went down for the meetings as well as the other times when I went to our properties. And that changed during COVID, of course. Q Now, going back to your call with Ms. Petrusis on July 1st. Did you have another call with her? A I did. When we were talking, Ms. Petrusis was asking when it was that we retained Mr. Fernandez, and it reminded me one of the other things from the call that I had said to her in our first call on July 1st -- and it might have been July 5th. The next call we had was July 5th. And either in the July 1st or 5th call, I discussed with her that one of the reasons we needed time in order to investigate was that we had to hire an attorney. We jumped through hoops as quickly as we could, and we wanted to find an attorney that had experience in dealing with the City of Temecula and understood the City of Temecula proceedings and operations so that we could try to work in a constructive, productive way to try to resolve this. What I didn't want to do is end up where we are now, in litigation. I wanted to see if we could positively resolve it in a way that worked for the City www.dif esassociates.com 3472.9882 209 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and worked for everybody. Q Now, Ms. Petrusis sent you some papers at some point after your July 1st call; am I correct? A Yes, she did. Q And what did she send you? A The first thing was a July 5th -- I believe she mailed and e-mailed me the May 19th letter, you know, of Intent to Revoke the Conditional Use Permit for 28645 Old Town Front Street. And that letter from -- I believe it was signed by Luke Watson. I have it. I can look, but I believe it was signed by Luke Watson, deputy city manager. Besides the intent indicating intent to revoke, it also had a list of all of the citations, and I know we were differentiating, so I think first they listed citations, and then it listed the violations, which I think we are calling civil penalties. So it had a list of those and the dates, and it had whether they were paid or unpaid. And I believe it had the amount. I think it did. And then it had, also attached to it, the Conditional Use Permit from 2012 and the two from 2008 as well. And that was the first thing I got from Ms. Petrusis. And then there was another letter, about July 12th, I believe it was, there was I believe, again, an e-mail I believe. It was an e-mail with attachments to add the www.di"CMhesassociates.com 3472.9882 210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 four attachments. And then there was a letter, e-mail, I think, about OAH, but I had told her that we were looking for an attorney. So I was hoping we would be able to find an attorney that would be able to communicate with her and was familiar with the City of Temecula. So the next communication I had, I provided her an e-mail chain, which we told her we would, and let her know that we had secured an attorney. I think that was July 19th, if I'm not mistaken. July 19th, we had already, in that short period of time, been able to secure an attorney. And as we went through the investigation, we realized -- because I didn't know at the time -- that the tenant, CNC Puma Corporation, that they were in bankruptcy. I didn't know they were in bankruptcy. So what I knew then was, we can't do anything about these violations, about serving a three-day notice, or moving to file on unlawful detainer because they were in bankruptcy, and we needed to get relief from the automatic stay before we could do anything. I may have more than answered your question, or I may not have answered your question. Q You said you went to your office in mid -July, you have described papers received from Ms. Petrusis. Had you seen any of these papers before? www.di�r� esassociates.com 3I9_.472 . 9882 211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, definitely not. In fact, Ms. Petrusis had indicated that they realized they sent them initially for the first year to The Bank, to the wrong address, and they didn't know. Then they started sending them to us. But I didn't know anything about it until the July 1st call. That was the first I heard of it. Q What about the May 19th letter to which you refer, the revocation letter, had you seen that before? A No. Nothing at all regarding this issue -- I'll call it an issue -- with The Bank regarding the citations, subsequent when they went through the violations, the civil penalties, or any notices of revocation, nothing. And that's why I was so surprised to receive her call, because, you know, it's not like I'm a hidden person and you can't find me. I am a known property owner. As Mr. Watson said, I'm a half of a block -- it's actually a block from all my properties and a block from City Hall. It's easy to find us. I'm a known property owner there. I've been involved. When the Sheriff wanted to talk to us about an issue with the parking lot and having a stakeout at one of our buildings to look for problems, they were able to reach the proper manager right away. I'm pretty easy to find. And I get calls from unknown brokers all the time that are able to find me. Certainly, the City, with all www.di". esassociates.com 3472.9882 212 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of its wherewithal, and especially hiring private investigators who could have easily found me. I'm easy to find, and I respond right away. Q You have had the communications now in mid -July, you have gotten the records from your office, did you have any communication with your tenant? A Yes, multiple calls to try to understand and investigate to see what was going on. Because this was -- I wanted to get up to speed quickly, you know, if there was going to be a hearing. I would hope that we would be able to avoid that. But, yes. Q So did you reach -- did you speak to Ms. Lane? A Yes. I'm sorry. I spoke to her several times in an effort to first get information and input and understand what was going on. Q And was this in July? A Yes, it was not long after my call with Ms. Petrusis. Q And what did Ms. Lane tell you? A She said that she was not violating, that it was a clerical error, and that she was working to correct it. Q Okay. Did she say why she thought it was a clerical error? A Yes. And she said that they had gone in for a minor modification on -- a Conditional Use Permit to be www.dilrSM%nnesassociates.com 3S7472.9882 213 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 able to add inside, indoor entertainment, music, and that in so doing, the City made a clerical mistake and changed the omitted one paragraph in the earlier Conditional Use Permit allowing them to operate until 2:00. And that she had an e-mail chain from the City that showed that it was And I asked her to please send me all of the information she had, and to send the e-mail chain. And in that conversation, she said she also had different sheriff's that she had relationships with that would be able to write letters of support for her, and that they were one of the -- one of the better operators in the Old Town area. So I asked her to please send me that. Before this, we hadn't had any problems with Amanda. She's paid her rent very timely. We didn't have complaints. We didn't have issues. And in my calls with her, she was forthcoming and helpful in providing information. So I asked her to send everything, send the e-mail chain, send anything from the sheriff's that she could and as soon as possible. Q Now, you have a number of tenants on that block. Did any of them ever complain to you about The Bank? A No, not about any of the issues that we are talking about with The Bank. We did get -- as I discussed earlier with the property managers, we did get calls about www.di". 9nesassociates.com 3 0.472.9882 214 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the vagrants and issues that we were having. Not just in the parking lot, but we had some of the vagrants that would be sleeping on the porches on the second floor, and they were concerned about coming there in the morning and seeing them there, so that's when we stepped into action. So we didn't have any complaints about The Bank before to alert us. And, also, you have to remember, we had the security system. We weren't getting inordinate reports that related to issues at The Bank, so I didn't have any issues or reason to believe that these things were going on. Q And the sheriff's asked you once to do a stakeout, other than that, had a sheriff's complained to you or indicated there was a problem at The Bank? A No. And as I understood it, they had the stakeout once and they never asked to do it again. Q Now, did Ms. Lane, at any time, say to you that the violation or citations that started in March 2021 were the first violations or citations? A I'm sorry? Q That she knew of? A Could you repeat that again? Q Of course. You are talking to Ms. Lane in mid -July 2022, and you know at this point, the history of the citations? www.di"952nesassociates.com 3 .472.9882 215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Uh-huh. Q Did she make any comments about whether there were citations earlier than the ones you had been informed of by Ms. Petrusis? A Well, that they started out as citations, but I didn't know anything about it. I was starting -- when I first talked to her, I was just starting to get a grasp on all of this. So I knew the citations and I knew the violations, and Ms. Lane did send us -- I don't know if it was all, but the citations and some of the violations. Q Did you ask her at any time whether she would operate according to the 2012 CUP, just that document, as it was written? A Yes, multiple times, actually. The first time was in the early calls and I asked, you know, if she would conform to the CUP 2012 hours while trying to go through this while she was trying to resolve it. And she said she was advised by her lawyers that it would look like she was in the wrong, and that her case wasn't as good as she had been advised it was, so she wasn't going to change her hours. Q Did she mention anything about the effect it would have on the insolvency of the restaurant to conform the 2012 CUP? A She did, but that wasn't the first call. That www.diTyesassociates.com 3 .472.9882 216 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 might have been the second or third call when we asked again if she would conform to the hours just pending the hearing, as we got subsequent conversations regarding -- we knew about the hearing, and she said that she couldn't, that The Bank would be insolvent in 30 days if she did that. Q Okay. Now, you have told us that you amassed, as best you could, every communication from the City to your office concerning the CUP citations -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Edwards? I apologize, but you broke up. Can you repeat the question? MR. EDWARDS: Fair enough. Of course, your Honor. BY MR. EDWARDS: Q Mr. Solomon, you have told us you went to the office, your office, and you requested that everything concerning the CUP that had been sent to your office or received to your office be compiled for you; am I correct? A That is correct. Q Okay. And when did you do this? If July 1st is when you first heard of this from Ms. Petrusis, when did you go to your office? A I would say certainly within a couple of weeks. It was by July 12th that I got the citations from www.di"r� nesassociates.com 3 0.472.9882 217 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Petrusis -- and hers, by the way, I think was probably a pretty comprehensive list of them and seemed to be, at least, from what I can tell. There were four attachments. One just from citations -- and maybe it was two with citations, and then two or three others with the civil penalty letters. It was pretty voluminous. So I was guessing it was pretty inclusive up until July 12th, at least. And, you know, so right after that, I went to my office. And I talked to him before then of course, to get everything together and make sure everything was there. And I went there, probably, right around that time. It might have been a little bit before or a little bit after. Q If you had received any of these notices or violations, would you have done anything? A Yes, of course. The first thing I would have done is called Tom Cole, as allowed for. The second thing I would have done was what I did after my phone call with Ms. Petrusis, was to try to arrange and set up a meeting with the city manager there. Q Now, have you learned that your property manager was informed of some of these violations at some point? A Yes. Yes, I have. Q And what did you learn, and when did you learn www.di �J esassociates.com 218 ��31 .472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I learned it just subsequent to my phone calls, you know, the second one of July 5th with Ms. Petrusis. And after that, and certainly within a day or two, called the property manager and had the conversation that you would expect. Do you know anything about this? Have you heard anything about this? I know nothing about this, and you know, I'm assuming you don't either. So that's when I found out. Q And what did you find out? A I found out that there had been notices of the violation sent to the management company's office, to Zip's office, at the Wilshire address, and they had them. Q Starting when? A Starting in March of 2022, the first letter was dated March 7th for violations on March 2nd, 3rd, or 4th, whatever the -- I can pull it up now. Whatever the Friday and Saturday was -- the first Friday and Saturday in March. Q Did you ask the property manager why you were you not provided with the notice, you personally? A As you can imagine, I did, yes. Q And when did you ask him? A In my first conversation. Q And what did he say? A He said that when he received them, he called www.dilrSM%Mnesassociates.com 3ST472.9882 219 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Amanda right away or pretty quickly thereafter and asked her about it and inquired about it. Q Did he say what he was told? A Yes, he did. He said that she said that she was aware of them, and that the City was wrong, and that she was operating within her Conditional Use Permit, and that it was a clerical error, and that she was working with the City to resolve it. Q And did -- did he say whether he was satisfied or dissatisfied with that explanation? A He said that based on his conversation, he believed that was correct and that she was taking care of it, and he didn't have to worry about it. Q Now, you said earlier that you had never heard of problems at The Bank except for the specific ones you described. Did you ask the property manager whether he was aware of problems at The Bank besides the one you had described to us this afternoon? A Yes. You know, given my conversation with Ms. Petrusis, and given what I had seen, you know, I said you know -- you believed all of this. And he said, "Yes. And, Norm, you know, since she's come in there, she paid the back rent that was owed, which was significant. She pays her rent on time. She's been responsive, if ever there's something needed." www. di "ffiresassociates.com 3ftU.472.9882 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And he referred to the parking lot and any issues we were having and her trying to help, agreeing to, you know, send security guards there once in a while to check it. And he said that we have lots of tenants all around, and we have gotten no complaints. And we have a security camera system. We don't have any inordinate monitoring reports to make me believe that something of this nature was going on, so I assume everything was okay, and I believed her. Q Now, there's testimony about hiring bankruptcy counsel, you are also in the process of hiring unlawful detainer counsel? A That is correct. That, we couldn't really do until the bankruptcy counsel was able to get relief from the automatic stay. Because given that the tenant was in bankruptcy -- we didn't know that the tenant was in bankruptcy. We had to file for relief of the automatic stay. And in this case, we were lucky to get an order in short time so we could do that, and then the bankruptcy case was dismissed, and we are now able to file a relief for unlawful retainer. Q Now, after Ms. Petrusis informed you of the general nature of the revocation of July 1st of this year, did you request a meeting with the City manager? A I did, yes. Almost right away after, because my www.di". esassociates.com 3U07.472.9882 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 goal was to make sure the City knew that we wanted to try to get a positive resolution and work with the City and cooperate with the City and see if we couldn't resolve this without continuing down the path that would be, frustrating, expensive, costly in time and resources, and likely not, from what I understood, produce any positive results anyhow. So to answer your question, I requested a meeting with the City manager almost right away. Q Did you receive a response? A I did. Q What was the response? A That he would decline to meet with me and told me it would have to be worked out with the City Attorney. Q Now, do you have a reason to believe that if the conditional Use Permit is revoked and you do not evict the tenants, the violations will be cured or cease? A At this time, I believe that the violations occurring to the current CUP of the latest CUP of 2012, I believe they would not cease. Q And why is that? A Based on what our tenant, Amanda Lane, told me. That she's continuing to operate at the hours she's operating notwithstanding my request both in writing and orally on several occasions that she cut back her hours and comply with the 2012 Conditional Use Permit at least www.di" esassociates.com 3MY.472.9882 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 until we can, hopefully, resolve the matter in some way or pending the hearing. Q Now, this is not the first time that you have bought a property that had a Conditional Use Permit; correct? A That is correct. In fact, I have applied for and gotten Conditional Use Permits. Q In your hundreds of purchases of property, has anyone ever contended, who was a tenant, that they owned the CUP and that you didn't? A No, never. Q Okay. Now, you, at times, have been consulted by real property appraisers for your opinion of value when they have projects? A Yes. Q Do you have an opinion about what revocation of the CUP would do to the value of your property? A I do. As I told Ms. Petrusis in our first conversation, subsequent to that, that it would have a significant detrimental impact on the value of the property, and that it was my hope that we could get time to work through it, and that I didn't understand why this has been going on for a year and a half without me being contacted. Q Now, my next question is, so we are all clear, www.dilrSdYmnnesassociates.com 3472.9882 223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what does a CUP mean regarding the use of property? A It's a Conditional Use Permit, meaning that a property is conditionally permitted to a use that might not otherwise be allowed without that permit, so that if you didn't have it, you very often and likely could not conduct business in the way that you can, or could not use the property in the way you can when you have the Conditional Use Permit. Q Does greater usage potential, in your experience, increase the value of a property? A Yes. If your use -- in this case, our property is a restaurant/bar or restaurant serving alcohol or bar, and clearly, the longer your hours, the more your potential to make money and/or the more you could do with it, if you can have entertainment there, or the more you can generate income which would then correlate to a higher value for the property. Q So what's the highest and best use of this property? A I would say the highest and best use for this property, given its location, size, et cetera, configuration, as a restaurant/bar. It's current use. Q Okay. Now, do you feel as a property owner with decades of experience and hundreds of properties, that you were dealt with by the City in a fair and reasonable www.di". 9nesassociates.com 30.472.9882 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Absolutely not. Q And why not? A There just was not sufficient notice that we received. And there was not a willingness to try to work with us even when we received notices. We were turned away and told by Ms. Petrusis that there's nothing in it for the City and that she was going forward. She would not allow any time to allow us to try to work with the City, try to get the tenant to comply, try to file a unlawful detainer, or evict the tenant. I just was shocked. And I was shocked that this had gone on for a year and a half without me being notified, and given the resources the City was spending, I thought is was unconscionable that they didn't call me. We are talking about a City that used resources on Friday and Saturday night, a whole metro police that was constructed, had these private investigators, and couldn't get anybody to call me for a year and a half? And when they did, as the property owner, holder of the CUP, who is the one who is going to be detrimentally affected when they revoke it, that they weren't willing to put any resources out to try to get ahold of us. And at a point we would have done -- I would have done exactly what we have done in two months, find a www.di" esassociates.com 310:472.9882 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 counsel that understands these proceedings and wanted to work with the City of Temecula, find a bankruptcy attorney that is familiar with Riverside County, and get the results he did in such a short period of time. And, now, we are about to retain an unlawful detainer -- familiar with unlawful detainer in Riverside County. And it's my belief -- and you have heard here -- that revocation of the Conditional Use Permit is not going to result in what the City wants, which is the tenant to cease operations. They're either going to work with the City, which I would like to do at any point so that we can come to a resolution that's positive for all parties, or, if that's not possible, to allow to have time to move forward with an unlawful detainer which is the way that this matter would be resolved. If the City doesn't realize that, then I don't know what else we can do but keep moving forward anyhow. I raised the issue. And I don't understand why the City is not going forward if they want to stop something that they feel is inappropriate with an abatement action. That's a way to stop it. The City has the power to do that. Revocation of the Conditional Use Permit is not the way to do that. Q In addition to being in real estate -- I recognize you don't practice -- but you have an active law www.di .esassociates.com 3 472.9882 226 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 license? You are an active member of the BAR; is that correct? A That is correct, Mr. Edwards, yes. Q And you are a graduate of USC Law School, and you have been a member of the BAR for almost 50 years; am I correct? A That is correct. In fact, I just went to my 50th law school reunion. Q I hope it was a large gathering. A Unfortunately, it's getting smaller every year. Q But here's my question, with your familiarity with law, familiarity with real estate, do you have any ability to control this tenant other than eviction? A No. I have the ability to talk to the tenant, to discuss things with the tenant, to explain the lease with the tenant, and the violations in the lease with the tenant, but I cannot control the tenant beyond bringing in an unlawful detainer action. And that, we could not do, until we got relief from the stay, and now we're about to. But you are right, that's the only thing we can control. Q Now, the City was aware you owned other buildings in the city of Temecula; correct? A Well, yes, because -- I don't see how they wouldn't. Zip Third owns four buildings right on that block. www.di�r� nesassociates.com 3Z0:472.9882 227 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You met with Mr. Watson, and he was aware of your intention to acquire more property? A That is correct yes, among other people. Q But, currently, how many buildings -- I just don't want to leave the impression that you have some buildings in Temecula and no where else -- and we are almost at the end of your direct examination and we will be done within 60 seconds. How many buildings are you currently a principal in either as you own it yourself, you own it with partners, or own it as a manager of an LLC? A Without actually looking and counting, I would say 40 or more. Q Okay. These are in various parts of Southern California primarily? A Primarily, Southern California, but there are some in Northern California as well, yes. Q And have you ever had this level of difficulty with any governmental entity? A No. MR. EDWARDS: Thank you, your Honor. That concludes my direct examination. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Edwards. Ms. Petrusis, cross-examination? www.di esassociates.com 3 .472.9882 228 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: Yes. THE WITNESS: No questions, I presume. I'm sorry, your Honor. I couldn't help it. MS. PETRUSIS: Yes, I have some questions. CROSS-EXAMINATION BY MS. PETRUSIS: Q Mr. Solomon, would you please turn to the City's Exhibit 12? A Absolutely, but I will need some help. So I will bring it up. I have -- what is it when you make it smaller? I have -- I'm going to have to bring it up here. Let me do that. Okay. Now I can't see you, but I have the exhibit in the middle. So if somebody will tell me -- I'll tell you what I'm looking at. Q Mr. Solomon, can you please go to page 198? A That's what I was going to say, I don't know how to do that. So I was going to tell you what I'm looking at, and Ms. Petrusis, if you could help me, that would be great. In the middle of Exhibit 1, and on the left, it says, "The Bank/other SD," and goes down the list. So if you tell me where on that list to click on it, I'll be happy to. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Solomon, this is Judge Nye -Perkins. I can tell you. www.dilrSdYW2nesassociates.com 3472.9882 229 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If you look under Complainant Attorney Petrusis Evidence, under that top part on the left-hand column, there is numbers underneath that. Do you see that? THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Can you go to No. 12? THE WITNESS: Yes, I can. Hold on. No. 12 says Exhibit 12, August 2021. Is that what you want? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes. Click on that. THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And then scroll down past where that cover page says Exhibit 12. THE WITNESS: Yes. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And a sheet of paper, there's a red number in the right-hand corner of that document, A-198. Do you see that? THE WITNESS: Yes, I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: That's a Bates number. When we say "Bates No. A-198," that's what we are talking about. The document that Ms. Petrusis would like to talk about. THE WITNESS: So I can't see any of you. Can you see me through this? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes, we www.di"ff7hesassociates.com 3472.9882 230 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can see you. THE WITNESS: So I can't see you, so go ahead. Yes. BY MS. PETRUSIS: Q Okay. So if you look at page 198, and you look at the address for Zip Third Investments, LLC -- A Yes. Q -- has as an addressee; is that the correct business address for Zip Third Investments, LLC? A Yes. Q If you look at the "re" line, and it starts with "re:"? A Yes. Q Is that the correct address for The Bank restaurant? A Correct. Q And that is the correct address for property owned by Zip Third Investments, LLC; correct? A Yes. Q And in the body of the letter, in the second line toward the end, do you see a reference to The Bank? A I do. Q And in August of 2021, was the restaurant operating at 28645 Old Town Front Street named The Bank? A To my understanding, yes. www.di�r� esassociates.com 3Z0:472.9882 231 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And the last paragraph for the last line of that letter, which says, "If you have any questions regarding this matter, please contact me at 951-302-4116." Do you see that? A I can assure you if I saw that, I would have called Mr. Cole immediately. Q Okay. Well, my question is, first, do you see that line on the page? A I do. Q Okay. And did you ever reach out to code enforcement officer Tom Cole at any time about the violation by The Bank? A As I said, if I had seen this letter or any of the violation letters, I would have immediately reached out to Tom Cole. Q Okay. But my question is, did you? It's yes or no. A I can't say yes or no because I didn't because I never saw any of it. I never saw any of these until subsequent to speaking to you in July of this year. Q Have you ever reached out to Tom Cole about the violations at The Bank? A Again, no, because I never saw any of these letters -- this letter or any of the violations giving me the information to reach out to him. I would have www.di" esassociates.com 232 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 absolutely, 100 percent, reached out to him. Q I think I got the answer. The motion for relief from automatic stay in the bankruptcy action was filed on August 16, 2022; isn't that right? A I believe so. That sounds like the timing, correct. Q And before that -- A The motion for relief was filed on a Tuesday. Q Okay. And before that date, you had never filed anything or caused to be filed anything in bankruptcy court to get the stay lifted; isn't that right? A Can you repeat that again, Ms. Petrusis? Q Yes. Before the August 16, 2022, date, you had never caused anything to be filed in the bankruptcy court matter to get the stay lifted; is that right? A No, that's not correct. We filed in the bankruptcy court because CNC Puma Corporation had filed a bankruptcy in, I believe, it was 2020, or the end of 2019. Because they were behind in their rent, and we were filing a UD, and they filed the bankruptcy. So in order to be able to go forward, I believe we had to file a motion in bankruptcy court for the relief of automatic stay back then. But as I understood it, the bankruptcy had been www.dilMANnn-esassociates.com 3472.9882 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dismissed so that -- before the back rent was paid, and I thought we understood Amanda Moore came in and in CNC Puma Corporation. Q So if I understand you correctly, you had previously filed a request for relief from the stay and that bankruptcy matter prior to August of 2022? A In a prior bankruptcy, as I said, I didn't know that they refiled the bankruptcy. We understood when the bankruptcy was dismissed and the back rent was paid, and as we understand, Amanda and Ryan were coming into CNC Puma Corporation, that there was no more bankruptcy. So as far as we knew that -- we just weren't informed when it was filed or refiled later. I don't if it was the same one or a different one, by the way. When I say "the same or different," that bankruptcy case had been dismissed, so I assumed it was a new filing that we didn't know about. Q Now, did you ever have any conversations with Craig Puma about the violations of the CUP by The Bank? A No, because Amanda came in in 2020. As far as I knew, there were no violations back then, even from what you have sent me and what I learned. Those violations started in 2021, and she came in in 2020. So there was no discussion about violations that didn't exist because there weren't any that we were aware of. My understanding www.di" 9nesassociates.com 30.472.9882 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is the City had never violated them before -- Q Mr. Solomon, wait. I haven't asked you that question. Hang on. Have you ever had a conversation with Mr. Puma about the violations by The Bank? A Can I ask you one question? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: No. Mr. Solomon, if you don't mind, please just answer the question asked. THE WITNESS: Absolutely. Your Honor, I was going to ask, can I close this or minimize this so I can see you guys now? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes, yes. THE WITNESS: I just want to minimize that all. Okay. Thank you. Okay. Now, I'm sorry, Ms. Petrusis, can you ask it again? BY MS. PETRUSIS: Q So the question is, have you ever had a conversation with Mr. Puma at any time about the violations by The Bank of the CUP? A You are talking about since the violations were sent in March of 2021? Q At any time. A Okay. No, I don't think I have. Because you are talking about the violations you are talking about? Q Yes. Thank you. www.di esassociates.com 3472.9882 235 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. PETRUSIS: No further questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Cross-examination, Mr. Callaway? MR. CALLAWAY: Thank you, your Honor. CROSS-EXAMINATION BY MR. CALLAWAY: Q Good afternoon, Mr. Solomon. A Good afternoon, Mr. Callaway. Q Were you able to hear the testimony of Amanda Lane earlier today? A Mr. Callaway, I believe I heard most of it, yes. I may have been away a minute or two, but most of it, yes. Q Did you hear testimony regarding that she is not receiving any offers from the City to work on resolving the CUP issue by allowing them to file a new minor modification to the 2007 CUP back to restore the operating hours back to 2:00 a.m.? MS. PETRUSIS: Objection. That misstates her prior testimony. She didn't testify to that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm going to sustain that. I don't believe she testified to that either. MR. CALLAWAY: Okay. BY MR. CALLAWAY: www.di?'?�esassociates.com 3 .472.9882 236 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q As far as the current status of The Bank, where are they at with respect to payment for their lease obligations as far as their rent? A They are current on payment in their rent. Q Okay. And have they ever been arrears? A Yes, significantly. Q When was that? A That was back in 2019 and 2020. Q Was that before Amanda Lane and Ryan Parent got involved with CNC? A Yes, my understanding. Q Okay. A I think what I heard today is she might have gotten involved before we actually knew she was involved. Q Her testimony was that she got involved in January or February of 2020. A Correct. I think we knew about it around -- back rent was paid by her -- as we understood, by her and Ryan in August, so it might have been some time before July, and I don't know that we knew about it that far in advance. It's possible, but I don't think so. Q But they were brought current; correct? A Yes. Q And did they remain current at this time? A That is correct. Since August of 2020, correct. www.dirA-F1(qhjfnesassociates.com 310.472.9882 237 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Other than the base rent, are there any other fees that they're required to pay on a monthly or annual basis? A Yes, I believe it's net lease. I know they pay other reimbursements. Q Are they current on those at the present time? A As I understand it, yes. MR. CALLAWAY: No further questions, your Honor. Thank you. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Any redirect, Mr. Edwards? MR. EDWARDS: No redirect, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you, Mr. Edwards. Any further witnesses, Mr. Edwards? MR. EDWARD: None. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Solomon, you may be released. All right. It's now currently 4:30. That gives us time for closing statements. Does anybody need to take a break, or can we go through and get closings done and hopefully finish by 5:00? MS. PETRUSIS: I apologize. I do have rebuttal. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. We have rebuttal witnesses. And if that's the case, do you www.di esassociates.com 3 .472.9882 238 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have one rebuttal witness? MS. PETRUSIS: I have one rebuttal witness. It's probably seven questions -- six questions. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Callaway, any rebuttal witness? MR. CALLAWAY: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Mr. Edwards, something you wanted to say? MR. EDWARDS: No, I have no rebuttal witness, subject to hearing this witness, as you know. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Ms. Petrusis, we will move forward as long as everyone is okay to continue without a break. Now, having said that, it's 4:30, so we are getting really tight here. I might go -- if our court reporter and everyone is okay, I will go a little bit after 5:00, if necessary, so we don't have to come back for another day. That is my preference if everyone is okay with that. So let's work through that if everyone is okay with that. THE WITNESS: Can we take a short break, your Honor? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We can take a short break, Mr. Solomon, but I'd rather not. How long do you need? THE WITNESS: Five or six minutes, that's all. www. dilMdWw2nesassociates.com 3zU:472.9882 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. All right. Let's go off the record. (There was a pause in the proceedings.) ADMINISTRATIVE LAW JUDGE NYE-PERKINS: We are back on the record after the break. Ms. Petrusis, do you want to call your rebuttal witness? MS. PETRUSIS: Yes, your Honor, Stuart Fisk. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Fisk, are you there? MR. FISK: I am. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. I can't see you, but I can hear you. There you are. Mr. Fisk, I'm going to place you under oath. Please raise your right hand. STUART FISK, called as a witness, having been first duly sworn by the Administrative Law Judge, was examined and testified as follows: THE WITNESS: I do. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Put your hand down. Please state and spell your full name. THE WITNESS: Stuart Fisk, S-T-U-A-R-T, F-I-S-K. www. di r'n(q ' nesassociates . com 310.472.9882 240 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Ms. Petrusis. MS. PETRUSIS: Thank you. REBUTTAL EXAMINATION BY MS. PETRUSIS: Q Mr. Fisk, what is your current position at the City of Temecula? A Planning manager. Q And in 2012, what was your position? A Senior planner. Q In 2012, did you have a role in the 2012 conditions of approval that are the subject of this matter, PA 12-0041? A Yes. I don't normally review applications such as this, but under the direction of my director at the time, I did. I did review and process the approval documents for it. Q There has been testimony in this matter about whether the permitted hours that are set forth in Condition No. 12 of PA 12-0041 were a typo or were some sort of clerical error. Do you have a position on that? A Yes, I did that. I did the approval. I put the conditions together, and I did so under the direction of the director at the time, who was Patrick Richardson, who www.di esassociates.com 241 3z0:472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 instructed me to revert to the 2007 of the original conditions of approval and then to add in the condition that would allow for the indoor live entertainment. Q So it was not a clerical error, the hours in Condition No. 12 of PA 12-0041? A No, that was not. It was done specifically at the direction of my director. Q Is a DJ considered live entertainment under the Temecula Municipal Code? A Yes, it is. Q Does a restaurant need a CUP in order to have a DJ? A Yes, they do. Q Do you have a position on whether a DJ operating at The Bank would be in conformance with their 2012 conditions of approval? A A DJ at The Bank under that approval would not have been consistent with the language in the conditions of approval. Q I don't know if you heard this testimony, and please let me know if you need clarification. There was previous testimony about drag show events at The Bank. Did you hear that testimony by Ms. Lane? A Yes, I did. Q Is a drag show event that was described in www.dilMANnn-esassociates.com 242 Iff? 472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 previous testimony in which the performers lip synced or sing and dance, is that considered live entertainment under the Temecula Municipal Code? A Yes, it is. Q And do you have a position about whether that drag show performance or that type of entertainment is consistent with the 2012 conditions of approval? A Definitely not. Q Did you hear Ms. Lane testify about -- I think she referred to it as a 2009 CUP? A I did hear her refer to that. Q Okay. And she mentioned that the City couldn't produce a copy of the 2009 CUP. Did you hear that? A My recollection was she said was the 2008 CUP amendment. Q Okay. But do you remember her talking about the 2009 CUP? A I don't recall her actually calling it a CUP, but I do remember her talking about an application from 2009, yes. Q Okay. Well, can you explain whatever it was, that 2009 application, so that it's clear what she may have been referring to? A Yes. In 2009, The Bank wanted to expand their ability to sell or have consumption of alcohol out on www.diesassociates.com 3472.9882 243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their patios and the state, ABC, requires that those areas be delineated. So there's various ways that you can do that, but some type of railing or fencing is typically the way. And so to accomplish that, we did a modification to the development plan, which showed that on the site plan for the property where that new fencing would go, or there's railing with cables in it actually, along Front Street. So that was what that application was about. And it was not to amend the Conditional Use Permit, it was to amend the site plan to delineate the area for the alcohol consumption part. Q So just to be clear, there are still only two applications to modify the original CUP in this matter from 2007; correct? A Correct. MS. PETRUSIS: Thank you. No further questions, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Give me just one second. Cross-examination, Mr. Callaway? MR. CALLAWAY: Thank you, your Honor. www.diIrep-Inesassociates.com 3I0.472.9882 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CROSS-EXAMINATION BY MR. CALLAWAY: Q Mr. Fisk, what was your title in 2012? A Senior planner. Q And you said you did not normally take applications in the office, that's not something you would typically do? A I did some for the larger projects such as the Temecula Valley Hospital, but not frequently. Those would usually be assigned by me to other staff. Q Do you have a recollection of Mr. Puma coming in in 2012 with his application for the CUP minor modification? A A vague recollection. I worked with Mr. Puma frequently because he was on our board, and so I saw him so often, the lines get blurred. But I do remember him coming to the counter and us working on his application. Q Do you know why, on that occasion, you worked with him on his application if that's not something you would normally do? A Because my director, Patrick Richardson, had asked me to do so. Q It sounds like something out of the ordinary; would that be correct? A Perhaps. But Mr. Puma, being a board member, www.dilr6O2nesassociates.com 3Z0- 472 . 9882 245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 maybe there was reasons why Mr. Richardson wanted me to do it, but I can't speak to that. We would have to ask Mr. Richardson if he were available, but he is no longer with the City. Q So he didn't give you any reason as to why you should personally handle this particular CUP application? A No. And he wasn't someone that you would ask those questions of. You just do what he tells you to. Q How is it that he came to tell you to go handle this application in the office? Did you have advance notice that the application was coming in? A I don't recall. I would presume that Mr. Richardson and Mr. Craig Puma had talked prior, and that was probably the reason why Mr. Puma had even filed the application was because Patrick Richardson most likely told him he would need to do so. Q But you are just speculating on that; correct? A Correct. Q Do you have the City's Exhibit 8? Do you have access to that? A Give me just a moment. Exhibit 8? Q Yes, sir. A I have that open. Q Do you recognize that document? A Yes, I do. www.di esassociates.com ��3 .472.9882 246 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q When is the last time you've ever seen it? A It is sitting in front of me right now in a hard copy, so seconds ago. Q What's the title of this form? Not the handwriting part, but the preprinted part. A Conditional or Temporary Use Permit Application. Q Would that be the proper form for CUP minor modification? A We do have a separate application form, but much of the information is the same, at least in the first two pages. Q Do you know why this particular form was used in this instance? A I would have to ask Mr. Puma that, but my best answer is because that is the form that Mr. Puma filled out. Q Is your writing anywhere on this form? A Yes, it is. Q Starting at the top, can you tell me the first place that your writing appears? A Top right corner, PA 12-0041. My initials in the Date Received box, and then the words crossed out that says, "Minor Modification Planning Review only," with my initials and the date. Do you want me to keep going? Q Wherever the next place is that your writing www.dilreQ nesassociates.com 3I0.472.9882 247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appears on this document. A Where it says, "Major temporary use permit," and it's crossed out and the $300.00 amount is written in. And then moving down to the Additional Project Summary Information, the dates of the proposed event. In working with and speaking to Mr. Puma, I also modified to give the -- to set the time of days for daily versus the Thursday to Sunday, and to go from noon to 10:00 p.m., rather than 5:00 to 10:00 P.M. Q So that noon to 10:00 p.m. had nothing to do with their operating hours; correct? A No, that was only their application for the time of the live entertainment. So it's specific to the live entertainment component. And then at the bottom, written is an existing CUP. PA 07-0314, that is my writing also, I believe. Q How about hours of operation from 9:00 a.m. to 1:00 a.m.? A That is not my writing. Q The two of you met face-to-face relative to this document; correct? A Right. Q When he was standing in front of you at that time, did you have an understanding as to what their allowable operating hours were? www.di esassociates.com 3.472.9882 248 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Not at that moment, no. Q Subsequent to that, did you become aware? A Yes, I would have gone back to do the review of the application. And because we have a reference here, the previous planning application, we would have looked at that application, and then even the 2008 application which references the planning application of 07-0314. So those would have been tied together in our permitting system, and I would have looked at all of those. Q Do you have a specific recollection of doing that, or are you testifying off of your habit and custom? A No. I do recall doing that, and I do recall discussing the conditions of approval with the planning director at that time, Patrick Richardson. So we did talk about the different iterations of the conditions, and he gave me the specific direction, then, to revert to and utilize the 2007 approvals as I stated previously. Q How was your relationship with Mr. Puma at that A Fine. It always has been. We've always worked very well together. Q When he was there, did you tell him that the approval of the application would be a formality? A I don't know exactly what words I would have used, but I would have told him it was an administrative www. di Iresvpesassociates.com 249 3472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 process that we would be utilizing. And he had indicated in his testimony earlier that he had given some indication that it would be approved quickly, and it was. I think it was turned around pretty much in a day. Q Did you have authority, at that time, to approve this without speaking to anybody else? A No. The director would have needed to have been involved. He would have at least needed to know what I was planning to do with the approval, and then he would have given his okay if he was in agreement with what I was proposing. But, in fact, as I mentioned, he gave me specific direction on what to do. Q So when Mr. Puma was there in front of you, as the two of you were filling out the application, did you voice to him any concerns you had with what he was requesting? A No. I mean, until I actually reviewed the application and discussed the application with our director, I'm not going to talk about concerns. I really have to look at it and look at the municipal code before I just start shooting from the hip. Q At the time you accepted this application, in looking at it, did you have any concerns at that time before you started your research? A I don't recall any having any specific concerns. www. dilrea7hesassociates.com 3472.9882 250 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is there anything about a minor modification to add a one -person musical addition at that time that would have caused you concern? A Only if it had been proposed for outdoor. But since it was proposed for indoor, there would have been nothing to raise any concern. Q Was this type of request on a minor modification or CUP, is that something that you have commonly seen in the City of Temecula? A From time to time. It's not unheard of. Q Are they generally approved? A Yes. Q Are they generally approved with conditions or with compromise, or are they approved outright? A It all depends on the application and the location, but there's a lot of variables in that, so I can't give a simple answer. Q Was there any type of standing practice at that time with the City if you are going to give somebody something that you should take something away in the application process? A No. Q So when you and Mr. Puma parted ways at that time, you had not voiced any concern to him; is that correct? www.di-�r-v:j-nesassociates.com 251 310.472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That's most likely correct. I don't know why I would have. Q There's nothing in here that stood out to you as being an obvious concern; correct? A Not to my recollection, and not looking at it today. The only thing, looking at it now would be the inconsistency with the hours of operation that were listed on that application form, but I wouldn't have looked at that while sitting with Mr. Puma. I would not have compared that to the previous approvals at that point in time. Q Do you have a recollection of what your next step was in the process of evaluating this application? A The first thing that we have to do is get everything logged into our computer system and routed to the other departments for their review and input. And then from there, I would have been reviewing the previous approvals, and then, discussing with our director. Q And who else would this have gone to as part of -- go ahead. A At that time -- I don't have the record of it, so I really can't say with certainly. But the typical process, if you want to know that, I can answer that. Q Yeah, the typical process that was in place at that time. www.di Iretwesassociates.com MT.472.9882 252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Typically, then, it would have gone to our police department, it may have gone to our public works department, and fire, and building and safety as well, because they do look at modification applications. But in this case, I assume it would have at least gone to building and safety just because when you add entertainment and you are taking up space inside the building, they would have most likely wanted to review exiting and other issues related. Q Who within the planning department would have this been routed to? A Just myself. Q Okay. So is your next step to start your background work or to go to Mr. Richardson? A I'm sorry. Next step after what? Q After the application was accepted and put into the system. Actually, let me ask you a question about that. Who would put this application into the system as you described? A The planner assigned, which, in this case, would have been me. Q Is there anything on this document that shows by initials or any mark confirming that that was done? A The only thing on it would be the receive dated where I had initialed up at the top right corner of the www.di esassociates.com 3472.9882 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first page. Q When you put this into the system, what does that consist of? A It has a project description, location, the applicant's name, the type of application, where or to whom which departments the application was routed, generally, that type of information. So this was under -- in 2012, we were under a different permitting system than we are now, and it was not as robust as we currently use. So it was more basic. It would have been the general information that would have been inputted. Q Is that information still available in your system? In other words, would you still have, presently, what you inputted into the system back in 2012? A I don't know. I can only tell you that I've been able to pull up what we have on file as far as digital records. And I'm not sure about our old permitting software, what capability I have to go open that and find things. Q Okay. And, again, when you inputted that, the only person it would go to in the planning department would be yourself? A Correct. Q And is Mr. Richardson, or was he, in 2012, in the planning department? www. di Ireefinesassociates.com 30.472.9882 254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, he was. Q What was his position relative to yours? Was he a superior of yours? A Yes, he was. Q Okay. A He was the department director. Q Okay. And, again, your testimony is at that time you did not have the authority to approve this application on your own? A Correct. I would have needed to have gone through the director for his approval of any direction that I presented to him that I wanted to go or to take his direction and proceed with his direction. Q So Mr. Richardson would be the only person that you would go to for approval on this particular application? A Yes. Ultimately, in an administrative review process, the director is the ultimate person responsible for that approval. Q You mentioned that after putting this application into the system, that you would do research on it, going through the city records that pertain to the applicant; correct? A Correct. Q And in this case, did you do that personally? www.dilrOeMesassociates.com 310'472.9882 255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And what was it you found, if you recall, when you went into the system? A Just the two previous applications. The first one that would have approved the Type 47 alcohol license, and then the 2008 modification to that use permit. And I would have only been looking at that time for things that directly or specifically related to the original 2007 application. So anything dealing with site plan modifications and such wouldn't have been a part of that analysis. Q Are you referring to the 2009? A Referring to anything not related to the Conditional Use Permit. Q Do you have a recollection of doing that specific investigation? A Which specific? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway, I think we've covered this pretty extensively on his investigation. I'm not sure where you are going with this. Please keep in mind, we are short on time here. MR. CALLAWAY: I understand, your Honor. I understand. www.digr-kcj<-nesassociates.com 310.472.9882 256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. CALLAWAY: Q When you did your investigation, did it raise any concerns for you? A No, sir. Q Was there anything in your investigation that you felt warranted reducing the hours in consideration of the request to adding a musician? A Nothing that I found personally, no. Q So when you went to Mr. Richardson, you had completed your investigation; correct? A That is correct. Q How did you present this to Mr. Richardson? Was it in person or through other means? A In person, meaning in this office. Q Did he ask you what your thoughts were on whether to approve this or not? A No. He would -- that would not be something he would do. Q Is it something you would hand to him and walk away, or did you walk in there and he looked at it right then and there? A We had one-on-one meetings scheduled, so most likely, we would have discussed this type of thing during one of our scheduled meetings, and we sat and went through what I found, what was in the previous conditions of www.dilrenesassociates.com 3i0.472.9882 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval from the original approved modification, and what was on the application, and what they were asking for -- what Mr. Puma was asking for at the time of the 2012 application. Also noteworthy, is that there was a different director of the department in 2008 when that modification was approved. That was not done under Mr. Richardson. Q Did Mr. Richardson express to you any concerns he had over the application? A The only thing that I recall is that he was not comfortable with the change that was made to the hours of operation in 2008, and that he wanted to revert to the original conditions of approval because of that. So that was the only information that he gave me on why he wanted me to go that route. Q At that time in 2012, how many establishments in Old Town could stay open until 2:00 a.m. if you know? A I don't know. Q Was The Bank the only one? A I can't answer that. I really don't know without doing research on that. Q Do you know how many establishments had an application -- or had an approval to have a permit for background music in their establishment? A No, not offhand. I mean, there were other www.di esassociates.com ��3 .472.9882 258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 establishments that had use permits for live entertainment. How many? I can't say offhand, but there were others that did have use permits. Q Did Mr. Richardson ask your opinion on what you felt about his position on reducing the hours? A No. Q Was there any discussion of reducing the hours less than what he did? A No. He was only interested in reverting back to the original conditions. Q Was there any discussion regarding the Type 47 license? A No. Q So it was as simple as you went in and talked with him, and he gave you what needed to be done, and then you walked out from that meeting? A Correct. Q Did you, at any time thereafter, communicate to Mr. Puma that the 2008 CUP hours had been changed at the direction of Mr. Richardson? A I provided him with the approval letter with the changes in bold for the hours of operation. And as far as going to his place of business or calling him or any other thing to specifically have a face-to-face discussion about that, or phone call or anything else, I don't recall www.dilrOWFW2nesassociates.com 3472.9882 259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 having done that. But my recollection was that Patrick Richardson had already had those discussions. Now, this is just me assuming -- not even assuming, because Patrick indicated that he had discussions with Mr. Puma, but I wasn't a part of those, so I don't know whether or not those discussions occurred, did not occur, or what those discussions were if they did occur. So my understanding at that time was that all of that had already been discussed, and that Mr. Puma knew what Patrick's direction was. Q And what do you base that on? A Based on the input or the direction from Patrick Richardson. Q Did Mr. Richardson tell you he had communicated that to Mr. Puma? A He told me that he had been in communication with Mr. Puma, but he did not specify to me what his discussions were, so I can't really say exactly what was communicated. Q In looking at -- bear with me for a second. So if you could look at Exhibit 9, which the body, it starts on Bates A-44. A Okay. Q That letter there addressed to Mr. Puma bears www.dilrOeMesassociates.com 3472.9882 260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your signature; correct? A Correct. Q So you not only signed it, but you prepared the contents of the letter? A Correct. Q Anywhere in this letter does it say that hours that The Bank had been operating on under since 2008 had now been changed back to the 2007 CUP? A Yes, Condition of Approval No. 12 states that. Q I'm sorry, sir. I'm just talking about the letter? A That's an attachment to the letter. Q I understand that. I am talking about the body of the letter itself, is there anything in there that points to the hours being changed? A I think we can both see in there that -- I'm not reading it. I don't see that, so, no. Q Is there any reason that you would not have put that in the letter? A I suppose I could have listed all of the conditions of approval in the letter, but it was an attachment to the letter, so -- there was other things that had changed as far as the reverting back to the original approval. The reason for it would be that it would be an extensive list of changes when you can just www.di Irelowesassociates.com U07.472.9882 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 attach the revised conditions of approval. Q What else changed? A I would have to go back and look at each and every condition of approval, but I'm going to assume that the numbering on the conditions aren't the same. So I would assume that there were some other conditions that were probably different. Q All right. Aren't a lot of those just boilerplate paragraphs? A Some of them. Q But you -- at the time you drafted this letter, you know that Mr. Puma had gone to the trouble of filing a minor modification to the CUP in 2008 to extend his hours; correct? A Correct. Q And the hours that you were reducing him by amounted to almost 26 hours in a week. That's almost two operating days, isn't it? MS. PETRUSIS: Objection. Lacks foundation. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yeah. Mr. Callaway, I'm not sure where you are going with this as far as specifically the hours. I think the documents speak for themselves. We can all do the math. BY MR. CALLAWAY: Q As far as the preparation of final conditions of www.di esassociates.com 3472.9882 262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 approval, is that something that you would have done yourself? A Yes, it was. Again, at the direction of Mr. Patrick Richardson, following his direction, I would have put those conditions together based on the 2007 approval. Q And did you do that by block copying? A Most likely I would have opened the previous conditions and then utilized those to modify and add in the condition for the live entertainment rather than retyping each and every one of them, since Mr. Richardson had directed me to reuse all of the conditions anyway. Q So after you generated this letter, you would have sent this package out to Mr. Puma? A Correct. Q And at that time, you would have been under the belief that The Bank could not operate past 11:00 p.m. at the latest on any night; correct? A Correct. Q Mr. Puma testified that he, on numerous occasions, routinely, in fact, would operate beyond 11:00 o'clock, and oftentimes up until 2:00 a.m., are you aware of him ever doing that? A No, I was in bed well before then, I can assure you. www.diIr63472.9882 esassociates.com 263 �� 472 . 9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So for eight years, were you never aware that Mr. Puma and The Bank would have been in violation of the 2012 minor modification to the CUP? A Correct, yes. Q Okay. You testified earlier that a DJ needs a CUP; is that correct? A Correct. Q What area do you cite to support that conclusion? A It would be in the specific plan under anything for live entertainment. Q What was it about the drag show that you felt would have been a violation of the CUP? A Well, the CUP language for the live indoor entertainment is very specific about a keyboard or other instrument played with one vocalist for the purpose of providing background music permitted from noon until 10:00 P.M. So just beginning with the times that that occurred, not in conformance. And then nothing about a drag show would be in relationship, to my knowledge, with one keyboard or other instrument played with one vocalist. It sounds quite different to me, so that's why I had said that. Q After the 2012 application was approved, did Mr. Richardson ever communicate to you that The Bank was www.di"2jlnesassociates.com 310.472.9882 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operating in hours in violation of their CUP between 2012 and 2021? A No, sir. Mr. Richardson, I think, left, approximately, in 2013. I don't have a specific date, but -- so, no, he wasn't here that long after that approval. And in the time that he was here, he never mentioned anything about The Bank not operating per their use permit. MR. CALLAWAY: Okay. No further questions, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Any cross-examination, Ms. Martyn or Mr. Edwards? MR. EDWARDS: Your Honor, first, I have an ethical obligation to disclose something that case law is clear. While this gentleman was testifying, I got a text. I didn't know who the text was from, and I don't know completely what it relates to, but I said, "Who and what is this?" And it said, "Amanda, from The Bank," and it makes a comment about the case. And I think it probably was intended for her counsel, and I wrote back and said, "I cannot talk to you. You have a lawyer." But I didn't want to interrupt the examination, but I'm obligated to speak up. for that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Thank you www.diIrs4mesassociates.com 3�0.472.9882 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: They may want to speak up, but with your permission, I'm going to erase this. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yes, delete the communication. Mr. Edwards, any cross-examination? MR. EDWARDS: Yes, I do have cross-examination, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. MR. EDWARDS: I understand this is painful and it's late. And I promise -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Yeah. How much do we have, Mr. Edwards? I'm not sure how much you intend to go into this, because if it's too much, we are going to go into another day. And I don't mean to threaten you with that. I don't want to go too late. MR. EDWARDS: I do not mind at all being threatened. It is a constructive threat. But here's the bottom line, I don't know what the answers are going to be. I'll try my darnedest to do it in 10 minutes because I want to try to maintain good will with you, I'm going to suggest that we not do the closing arguments today, and I'll tell you why -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Hold on a second, and I'll address that. But what I can do to prevent that issue is to allow the parties to do written www.di QJ esassociates.com re �472.9882 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 closings, and I might very well do that because we are out of time. I think that is something I'm going to do because we're getting late here. Otherwise, we will have to come back for another day just for closing, and I think that's a bit of a waste. I think I will order the parties to do a closing in writing. MR. EDWARDS: That sounds great. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any problems with that, Mr. Callaway and Ms. Petrusis? MS. PETRUSIS: No, we are fine with that. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Because if we have an issue with that, I will continue it to another day right now instead of wasting any more time today. MS. PETRUSIS: No, we are fine with written closings. MS. MARTYN: Question? Would you like us to suggest parameters for page numbers, et cetera? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'll get to that when I get to the closing. And I have some instructions to give to folks after that too. Mr. Edwards, go ahead. CROSS-EXAMINATION BY MR. EDWARDS: Q Mr. Fisk, can you see me? www.di�r�Q nesassociates.com 3�0.472.9882 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q I'm not seeing you. A You don't see me here? Q I see you now. Okay. I'm going to try to work with you so we get done, so give my your best shot. Here's mine. You said Mr. Puma was on our board, what board is that? A Old Town Local Review Board. Q Was he a friend of yours? A I wouldn't say he was a friend, but he was, I guess you could say, a colleague in a way, being on the board. He was someone that I was very familiar with being a business owner here in town, and so we had a business relationship. Q When did you first learn the hours were reduced? A I'm not sure I understand the question. Q Let me ask -- that's an excellent answer. The CUP issued in 2012 reduced the operating hours of The Bank; correct? A Correct. Q And you put that CUP together; correct? A Yes, sir. Q Now, when did you first learn that that CUP in 2012 reduced the previous operating hours? A From my discussion with our director, Patrick www.di QQJJ esassociates.com 3TA472.9882 268 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Richardson, when he gave me the direction to do so. Q And that's before you finalized the 2012 CUP; am A It would have been shortly after Mr. Puma had applied for his application. Q Now, here's my question for you, and I think you can answer this. If not, tell me. When Mr. Puma submitted this and then you gave him -- he's applying for a vocalist, background music; right? A Right. Q And that's all he's applying for. He's not asking for any other modification. Does that, in your understanding, allow you to make any modifications that you want to the existing CUP so long as you accommodate his specific request? A Anytime an applicant opens a CUP, which he does so by applying for changes to it, we can reassess and look at any mitigating factors that need to be taken care of, and we can take care of that through conditions of approval. So, yes, when a Conditional Use Permit is opened, we do have the ability to go in and make changes to the conditions beyond what they're asking for. Q So you can change it, and you don't tell him necessarily that we've changed it. I realized you sent him a letter. Did I understand correctly that you bolded www.diIre3472.9882 esassociates.com �� 472 . 9882 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the changes so he could look at the CUP and see it? A Correct. Q Did he have any ability to say, "Wait a minute. I want what I had before"? A Yes. He could have appealed that decision. And if Mr. Richardson wouldn't have been open to hearing his appeal, he could have appealed that to the planning commission. If the planning commission denied him, he could have appealed it to the city council. Q Okay. But, nonetheless, by opening up the CUP, he was at the City's mercy; is that your understanding? A So to speak. Q I understand. I am being colloquial. Okay, now, you don't know if anybody told him -- and I realize you sent him a letter and it was bolded, but you didn't tell him, "Hey, your hours are being changed"? Am I correct? A That is correct. Q Okay. And to your knowledge, nobody else did. You understand he was in communication with Mr. Richardson, but you don't know if Mr. Richardson told him your hours are being changed? A It was my understanding at that time that they had had that discussion, Mr. Richardson and Mr. Puma, but I cannot either confirm or deny that. Q Okay. www.diIre esassociates.com 3�6.472.9882 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Because I wasn't a party to any such discussions. Q And what I typed -- and I may not have typed fast enough. What I typed -- and tell me if I misstate your testimony. Patrick said he had discussion with Mr. Puma, but you don't know what those discussions were? A That is correct. Q Did I miss something? A That is correct. Like I said, I was not a part of those discussions, so I really wouldn't have any idea, and it would be hearsay even if he told me. Q Fair enough. Now, did you ever talk to Mr. Watson about the change in hours or e-mail with him? A It's possible, but not to my recollection. Q When the current revocation proceeding started, did you review any internal City e-mails discussing the hours that had been permitted? A I did. And I provided documents to our City Attorney. Q Yes, I'm not questioning your ethics or what you provided, but did you see in there that Mr. Watson was saying he was surprised by the limited hours? A No. Q You did not. Okay. I want to thank you very much for hanging in there. MR. EDWARDS: I have no further questions. www.diesassociates.com jQJ�472.9882 271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Any redirect, Ms. Petrusis? MS. PETRUSIS: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. Any other questions, Mr. Callaway? MR. CALLAWAY: I do. I have two quick questions if I could recross? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Very briefly, Mr. Callaway. MR. CALLAWAY: I appreciate it, your Honor. Thank you. RECROSS-EXAMINATION BY MR. CALLAWAY: Q Mr. Fisk, is it your testimony that in the 2012 final conditions of approval, that you prepared those; correct? A Correct. Q And is your testimony that you bolded those to bring them to the attention of Mr. Puma? A I would have bolded those to bring them to the attention of anybody who was reading them, whether it was a restaurant manager or someone from code enforcement. It was for everybody's purpose to know and see that specifically. www.diIrs3esassociates.com ��.472.9882 272 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So is it your testimony that you would have bolded Section 12 because the hours had been changed, and therefore, you wanted to make sure that Mr. Puma was aware? A Yeah. I don't know what the -- that I can go to that specific level. Again, I'm saying that I bolded it for everybody's benefit, so that anybody looking at it, it would kind of jump out at them that the hours of operation were what they were. So I can't tell you that I did that just for Mr. Puma's benefit. It was really for anybody who was looking at those conditions. Q So do you have a recollection that when you prepared this that you went in and bolded part of Section 12 when you prepared this? That you blocked copied the '07, and you then went in and bolded this section; is that your recollection? A I'm going to take a quick look at those conditions from 2007. MR. CALLAWAY: If you could, your Honor, I'm just asking what his recollection is in looking at this document? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Well, he testified he bolded it, but I'm not sure if you're asking after he cut and pasted it. Frankly, I'm not sure what the relevance of that question is, but he said he already www.dilrOdMnnesassociates.com 3472.9882 273 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bolded it and he did it for that purpose. THE WITNESS: Really, to answer the question, it was a copy and paste with the bolding already on it. BY MR. CALLAWAY: Q That's right. So you went in and saw that it had already been bolded; correct? A Correct. MR. CALLAWAY: Nothing further. Thank you, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Any follow up, Mr. Edwards? MR. EDWARDS: Wouldn't dare. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Ms. Petrusis? MS. PETRUSIS: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Any further witnesses, Ms. Petrusis? MS. PETRUSIS: No. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. With that, obviously, it's time for closing statements. It is 5:32. I don't think we have time for closing statements, so what I will order the parties to do is to submit written closing statements. Now, you need to be brief. I don't need a 500-page document -- or if you want to write a 500-page document, keep in mind, I'm not www.diIre9nesassociates.com 30.472.9882 274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 reading it all. Please be realistic here on the length. With regard to that, I'm not going to give you any page limits or any spacing limits, but if you are going to send me a novel, keep in mind, I'm likely not going to read it all. I simply don't have that kind of time. Speaking of timing, how long do you folks think you will need to get me that? Because, Ms. Petrusis, you have the burden of proof here, so I would like to give you a brief rebuttal in the closing because of that. So if I set a deadline for when you can get me these closing statements, what do you think you can do? MR. EDWARDS: May I ask a question? I'll be quick. I don't want to tell you so and so said so and so. I want to show it to you. I want a transcript, and a transcript is being made. And I'm not going to oversight a transcript. If you don't want one -- ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I don't need that. That's not necessary. I think you can make a closing argument without the transcript. We don't have to wait for the court reporter to do that, plus, I'm not sure who is paying for that transcript. So if you want to pay for it, that's fine. But I don't feel the need to have a transcript in front of me. I take very good notes, so I can remember exactly what was testified to. I don't want www.dilrOC"Pnesassociates.com M- 472 . 9882 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to wait for the transcript for the closing statements. Having said that, Ms. Petrusis, how long will it take you to get me your closing? MS. PETRUSIS: I can get you the closing by the end of business, Tuesday, September 6th. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. So if you get the closing then, then I'll allow both Mr. Callaway and Mr. Edwards to provide me their closings thereafter. How long would you need, Mr. Callaway and Mr. Edwards? MR. EDWARDS: I'd like to have until September 12th just because of my schedule that week. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Is that okay with you, Mr. Callaway, the 12th? MR. CALLAWAY: I can certainly do it within that time period, yes, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: And then Ms. Petrusis, how about rebuttal after that? MS. PETRUSIS: I'm looking at my hearing schedule. Is the 19th too long? I've got hearing on the 14th, 15th, and 16th. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: It's fine with me. I don't care one way or the other. So the 19th for rebuttal. Now, Temecula Municipal Code allows me 10 days to write this decision. I will tell you guys, that www.di .esassociates.com 276 ��3 472.9882 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is absolutely not enough. I cannot do this in 10 days. I'm sure you are all aware I have other cases and I have other decisions to write and that is just not possible. There's far too much for me to go through to do that. So after I receive your rebuttal closing on the 19th of September, Ms. Petrusis, I will consider this case officially submitted. And after that, I typically have 30 days with which to provide my decision. Okay. Now, that takes us to October the 19th. So, now, I will get my decision in faster if at all possible, but I will set a deadline of 30 days. If the parties have objections, raise them now. MR. EDWARDS: None. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Mr. Callaway? MR CALLAWAY: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. Ms. Petrusis? MS. PETRUSIS: No, your Honor. ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Okay. And in that case, 30 days is what I'm going to give myself to get this decision and get it submitted as a proposed decision. So having said that, Ms. Petrusis, you have until September 6th, close of business, to provide a written www.di�r� nesassociates.com 3I0:472.9882 277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 closing statement to the Office of Administrative Hearings. File it like you would any other document. Do not put it in CaseLines. File it like you would a motion. Make sure everyone is served. I don't want to have to deal with communication and have to deal with that after the fact. Mr. Callaway and Mr. Edwards, your closing is due September 12th, close of business, to be filed with OAH. Please make sure you serve all other parties. And, then, Ms. Petrusis, your rebuttal closing is due September 19th. You get that because you have the burden of proof. That also should be filed with OAH by close of business. Please make sure all parties are served. After that, then the record will be closed and the matter will be submitted, and I will have 30 days to provide my decision to the City at that point. MS. PETRUSIS: Your Honor, can you just say the magic words that the public hearing is closed? ADMINISTRATIVE LAW JUDGE NYE-PERKINS: I'm about to do that in just a moment. I know we are still on the record. Is there anything else anyone needs to address while we are on the record? MS. PETRUSIS: No, your Honor. MR. EDWARDS: Nothing. www.di esassociates.com ��3 .472.9882 278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADMINISTRATIVE LAW JUDGE NYE-PERKINS: All right. With that, thank you all for your time and effort in putting this all together. I know this was a lot of work. With that, the matter is submitted. The record is closed. The public record is closed. Off the record. (The hearing adjourned at 5:37 p.m.) www.dilr� esassociates.com 3 472.9882 279 11 0 3 4 5 6 7 8 9 10 lil lV 13 14 15 16 17 18 19 20 21 22 23 24 25 HEARING REPORTER'S CERTIFICATE I, Shelby K. Maaske, Hearing Reporter in and for the State of California, do hereby certify: That the foregoing transcript of proceedings was taken before me at the time and place set forth, that the testimony and proceedings were reported stenographically by me and later transcribed by computer -aided transcription under my direction and supervision, that the foregoing is a true record of the testimony and proceedings taken at that time. I further certify that I am in no way interested in the outcome of said action. I have hereunto subscribed my name this 29th day of September, 2022. SHELBY K. MAASKE HEARING REPORTER www.dir6W Mhesassoc3.ates.com 280 3ff 472.9882 ZUO■■ FEMERMWA 1638 "�..... s OFFICE OF ADMINISTRATIVE HEARINGS state of California gyp•-..-'eun r'w'.-_,.. P EXHIBIT / WITNESS LIST w a OAH 23 (rev. 2/03) OAH No. 20220501021 trFanw� ALJ: Nye -Perkins Agency No. Agency / Complainant: The City of Temecula Case Name / Respondent: The Bank; Zip Third Investments, L.L.C. Attorney /Rep.: Jennifer Petrusis Attorney /Rep.: Thomas J. Callaway; Elizabeth L. Martyn and Ricard Edwards Evidence Evidence Marked Hearing Dates: August 31, 2022 and September 1, 2022 Admitted Marked Admitted forI.D. Date-Ax- forI.D. Evidence Offered -(via Witness) Date-Ax- Jurisdiction Evidence Offered - via Witness)Jurisdiction 1. TMC Section 17.03.085 bates no. A2 to A4. Official A. CUP application no. PA07-0314 and conditions of Not Notice approval bates no. D4 to D30. Admitted 2. TMC Section 17.03.010 bates no. A6 to AT Official B. Minor Modification Application no. PA08-0236 Not Notice with conditions of approval bates no. D32 to D49. Admitted 3. TMC Section 17.03.090 bates no. A9 to A10. Official C. Minor Modification Application no. PA12-0041 Not Notice with conditions of approval bates no. D51 to D64. Admitted 4. CUP application no. PA07-0314 bates no. Al2 to X D. Letter dated April 13, 2022, with attachments Not A13. bates no. D66 to D107. Admitted 5. DH Resolution No. 08-001 bates no. Al to A27. X E. Letter dated April 18, 2022, with attachments Not bates no. D 109 to D 147. Admitted 6. Minor Modification Application no. PA08-0236 X F. Letter dated May 19, 2022, with attachments bates Not bates no. A29 to A30. no. D149 to D183. Admitted 7. Notification letter dated October 15, 2008, with X G. Email correspondence bates no. D185 to D187. X attachments bates no. A32 to A38. 8. Minor Modification Application no. PA12-0041 X H. Email correspondence bates no. D189 to D194. X bates no. A40 to A42. 9. Notification letter dated February 28, 2012, with X I. Email correspondence bates no. D196 to D197. X attachments bates no. A44 to A49. 10. Administrative Citations bates no. A51 to A85. X J. BSIS licensure page bates no. D199. Not Admitted ]L Civil Penalty letters bates no. A87 to A196. X K. Calls for police service at the Bank bates no. X D200. 12. August 20, 2021, letter to Zip Third bates no. X L. Calls for police service at Stampede bates no. X A198. D201. 13. Letter dated May 19, 2022, with attachments bates X M. Calls for police service at Old Town Pub bates no. X no. A200 to A234. D202. 14. Letter dated July 8, 2022, with attachments bates X N. Calls for police service at Adelaide bates no. X no. A236 to A271. D203. 15. Flyer for "Unleashed Summer Party Kickoff' Not O. Calls for police service at Baileys bates no. D204. X bates no. A273. Admitted 16. P. Calls for police service at Black Bird bates no. X D205. rl. Q. _- Citation summary bates no. D206 to D242. Not 1639 Admitted 18. R. 19. S. 20. T. 21. U. 22. V. 23. W. 24. X. 25. Y. 26. Z. 27. AA. Lease document bates no. BI to B27. Not Admitted 28. BB. CUP application no. PA07-0314 and conditions of approval bates no. B28 to B54. Not Admitted 29. CC. Minor Modification Application no. PA08-0236 with conditions of approval bates no. B55 to B72. Not Admitted 30. DD. Minor Modification Application no. PA12-0041 with conditions of approval bates no. B73 to B86. Not Admitted 31. EE. Email correspondence bates no. B87 to B232. Not Admitted 32. FF. Final conditions of approval for the 2012 CUP bates no. B2333 to B239. Not Admitted 33. GG. Email correspondence bates no. B240 to B323.. Not Admitted 34. HH. Redacted code violation reports bates no. B324 to B327. Not Admitted 35. II. Email correspondence bates no. B327 to B376. Not Admitted 36. JJ. Letter dated May 5, 2022, bates no. B377 to B378. Not Admitted 37. KK. Letter dated May 19, 2022, with attachments bates no. B379 to B413. Not Admitted 38. LL. Email correspondence bates no. B414 to B429. X 39. MM. Code report and citations bates no. B430 to B447. Not Admitted 40. NN. Email correspondence bates no. B448 to B758. Not Admitted 41. 00. Public record reports bates no. B759 to B768. Not Admitted 42. PP. Bankruptcy court filings bates no. B769 to B811. X 43. QQ. Summary of citations and citations bates no. B812 to B831. Not Admitted 1 VfFV 44. RR. Order setting deadline for response to motion for Not continuance bates no. B832 to B833. Admitted 45. SS. Notice of Public Hearing bates no. B834 to B835. Not Admitted 46. TT. Minor Modification Application no. PA12-0041 Not with conditions of approval bates no. B836 to Admitted B849. 47. UU. Lease agreement bates no. B850 to 13876. Not Admitted 48. W. Declaration and attachments bates no. B877 to Not B958. Admitted 49. WW. Bankruptcy filing bates no. B959 to B971. Not Admitted 50. XX. Redacted code enforcement document bates no. Not B972. Admitted 51. PP. Email correspondence bates no. B973 to B974. Not Admitted 52. ZZ. TMC section 17.04.010 bates no. B975 to B978. Not Admitted 53. AAA. May 19, 2022, letter with attachments bates no. Not B979 to B1013. Admitted 54. BBB. Email correspondence bates no. B 10 14 to B1022. Not Admitted 55. CCC. Return mail receipt bates no. B 1023. Not Admitted 56. DDD. Letter dated July 26, 2022, bates no. B1024 to Not B 1025. Admitted 57. EEE. Public records request bates no. B 1026 to B 1029. Not Admitted 58. FFF. Letter dated August 23, 2022, bates no. B1030 to Not B 1031. Admitted 59. GGG. Declaration bates no. B1032 to B1038. Not Admitted 60. HHH. Bankruptcy court order bates no. B1039 to B1041. X 61. III. Declaration bates no. B1042 to B1051. Not Admitted 62. Mi. Email correspondence bates no. B1052 to B1054. Not Admitted 63. KKK. Email correspondence bates no. B1055 to B1056. Not Admitted 64. LLL. 1641 # 20 1642 PC RESOLUTION NO.2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF ADMINISTRATIVE LAW JUDGE NYE-PERKINS TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. In November 2007, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Conditional use Permit on behalf of the Bank of Mexican Food Restaurant (the Bank") located at 28645 Old Town Front Street in Temecula (the "Property"). B. On January 3, 2008, the Planning Director approved Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type 41 ABC License (On -sale beer and wine -eating place) to a Type 47 ABC License (on -sale general) to authorize the sale of beer, wine and distilled spirits at the Bank. C. On October 9, 2008, the Planning Department approved Planning Application No. PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol at the Bank. D. On February 28, 2012, Planning Department approved Planning Application No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for dinner entertainment for the purpose of providing background music at the Bank. Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008 (PA08-0236) and on February 28, 2012 (PA12-0041) will be referred to hereinafter as "CUP". E. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil Penalty Notice and Orders to the CNC Puama Corporation due to violations of the CUP including for violating approved operational hours beyond 11:00 p.m., having excessive noise levels including with outside speakers over allowed noise levels, and failing to have a CUP for amplified music and live entertainment. F. On May 19, 2022, the Planning Director sent a notice to CNC Puma Corporation, the Bank and Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising that he was recommending that the Conditional Use Permit issued to the Bank be revoked. The City subsequently sent a notice to Zip Third Investments, LLC, the owner of the Property, and advised that the Planning Director was recommending that the CUP be revoked. G. Consistent with Temecula Municipal Code section 17.03.085, the revocation proceeding was held at a noticed public hearing before the State Office of Administrative Hearings with Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022. 1643 H. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein, I. On February 15, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third Investments, LLC and interested persons had an opportunity to and did comment on whether the Planning Commission should confirm, modify or overrule the Order. J. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Findings. A. The Planning Commission of the City of Temecula hereby adopts the Endings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, which is attached hereto as Exhibit "A" as if set forth in full. B. Pursuant to Temecula Municipal Code section 17.03.085, the Planning Commission hereby confirms the decision of Administrative Law Judge Nye -Perkins revoking the CUP issued to CNC Puma d.b.a The Bank and to Zip Third Investments, LLC. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of February, 2023. ATTEST: Luke Watson Secretary [SEAL] Lanae Turley-Trejo, Chairperson z 1644 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2023- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 151h day of February 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary 3 1645 DianDiannc jonc,,s & A� ocia.t s Reporting and Videography P.O. Pox 1736 Pacific Palisades, California 90272 310.472.9882 BEFORE THE PLANNING COMMISSION OF THE CITY OF TEMECULA IN THE MATTER OF THE REVOCATION OF ) THE CONDITIONAL USE PERMIT OF THE ) BANK AND ZIP THIRD INVESTMENTS, LLC, ) PUBLIC HEARING AND CONSIDER PROPOSED DECISION OF ) THE OFFICE OF ADMINISTRATIVE HEARINGS) TRANSCRIPT OF PROCEEDINGS Temecula, California Wednesday, February 15, 2023 Reported by: AMANDA KARMANN HEARING REPORTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 PAM 22 23 24 25 BEFORE THE PLANNING COMMISSION OF THE CITY OF TEMECULA IN THE MATTER OF THE REVOCATION OF ) THE CONDITIONAL USE PERMIT OF THE ) BANK AND ZIP THIRD INVESTMENTS, LLC, ) PUBIC HEARING AND CONSIDER PROPOSED DECISION OF ) THE OFFICE OF ADMINISTRATIVE HEARINGS) Transcript of Proceedings, taken at Temecula City Hall, 4100 Main Street, Temecula, California, beginning at 10:00 a.m. and ending at 1:55 p.m. on Wednesday, February 15, 2023, heard before City of Temecula Planning Commission, reported by Amanda Karmann, Hearing Reporter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: For the CITY OF TEMECULA: RICHARDS WATSON & GERSHON BY: JENNIFER PETRUSIS, ESQ. 350 S. Grand Avenue 37TH Floor Los Angeles, California 90071 213-626-8484 jpetrusis@rwglaw.com For ZIP THIRD INVESTMENTS, LLC: RICK EDWARDS, INC BY: RICK EDWARDS, ESQ. 1925 Century Park East 20th Floor Los Angeles, California 90067 310-277-6464 re@rickedwardsinc.com For CNC PUMA CORPORATION AND THE BANK: MILLIGAN BESWICK LEVINE & KNOX, LLP BY: JAMES F. PENMAN, ESQ. 1447 Ford Street Suite 201 Redlands, California 92374 909-798-3300 penman.james@yahoo.com For THE TEMECULA PLANNING COMMISSION MEYERS NAVE BY: DEBORAH J. FOX, ESQ. 707 Wilshire Boulevard 24th Floor Los Angeles, California 90017 213-626-2906 dfox@meyersnave.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES CONTINUED: PLANNING COMMISSION MEMBERS: Bob Hagel Adam Ruiz Fernando Solis Lanae Turley-Trejo Gary Watts PUBLIC SPEAKERS: Steven Slaughter Cesar Rodriguez Rod Parent Deshai Tibbs Chris Cuipo Shawn Owens ALSO PRESENT: Denise Jacobo, Commission Secretary Luke Watson, Deputy City Manager Tyler Sherman Amanda Lane, The Bank General Public, not identified 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X PRESENTATION SPEAKERS: PAGE Ms. Petrusis 9 Mr. Penman 26, 142 Mr. Edwards 76, 144 REBUTTAL SPEAKER: PAGE Ms. Petrusis 117 PUBLIC SPEAKERS: PAGE Alan Ronska (E-mail) 126 Steven Slaughter 127 Cesar Rodriguez 129 Rod Parent 132 Deshai Tibbs 134 Chris Cuipo 136 Shawn Owens 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Temecula, California; Wednesday, February 15, 2023 10:00 a.m. (The proceedings begin at 10:00 a.m. with the Pledge of Allegiance.) COMMISSIONER TURLEY-TREJO: Thank you, Commissioner Watts. Roll call, please. MS. JACOBO: Vice Chair Hagel? COMMISSIONER HAGEL: Here. MS. JACOBO: Commissioner Ruiz? COMMISSIONER RUIZ: Here. MS. JACOBO: Commissioner Solis? COMMISSIONER SOLIS: Here. MS. JACOBO: Commissioner Watts? COMMISSIONER WATTS: Here. MS. JACOBO: And Chair Turley-Trejo? COMMISSIONER TURLEY-TREJO: Here. Thank you, Denise. Do we have any public comments on non -agenda items? MS. JACOBO: We have received none. COMMISSIONER TURLEY-TREJO: Okay. Thank you. Okay. So today we are conducting a hearing in the matter of the revocation of the Conditional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Use Permit of The Bank and Zip Third Investments, and consider a proposed decision of the Office of Administrative Hearings. The recommendation is that the Planning Commission conduct a public hearing in the matter of the revocation of the Conditional Use Permit of The Bank and Zip Third Investments, consider the proposed decision of the Office of Administrative Hearings, and render a decision upholding or denying the proposed decision. This hearing is proceeding under Temecula Municipal Code Section 17.03.085. All right. I will open the public hearing. I am going to go ahead and read the rules for the public hearing. Any person may submit written comments to the Commission before a public hearing or may appear and be heard in support of or in opposition of the approval of the projects -- project or projects at the time of the hearing. If you challenge any of the projects in court, you may be limited to raising only those issue you or someone else raised at the public hearing or in written correspondence delivered to the Commission secretary at or prior to the public hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For public hearings, each speaker is limited to five minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission secretary or by submitting an e-mail to be read out loud into the record at the meeting. E-mail comments must be submitted to planningcommission@temeculaca.gov. E-mail comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with the decision of the Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate community development department form and be accompanied by the appropriate filing fee. All public participation is governed by the council policy regarding public participation at meetings adopted by Resolution No. 2021-54. Okay. So we will start with the attorney for the City and have her present their case. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRESENTATION SPEAKER MS. PETRUSIS: Thank you. Okay. Great. Good morning, Honorable Chairperson and members of the Planning Commission. My name is Jennifer Petrusis and I represent City staff in this proceeding before you today. Now, the purpose of this hearing is for the Planning Commission to decide whether to confirm, modify, or revoke -- I'm sorry -- or overturn an independent hearing officer's decision to revoke the Conditional Use Permit that was granted to The Bank To quickly introduce this matter, City staff seeks to revoke the CUP after issuing over 100 citations and civil penalties over the course of 17 months for violations that The Bank admits to making. An administrative law judge with the California Office of Administrative Hearings heard all of the evidence offered by the City, by the owners and operators of The Bank Restaurant, and from the owner of the property on which The Bank is located, and decided that the CUP should be revoked. Now, according to the Municipal Code, the decision by the administrative law judge is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 automatically reviewed by the Planning Commission; however, this isn't a full evidentiary hearing. The parties will not be offering any new evidence at this hearing today. Pursuant to the Municipal Code, the Planning Commission shall only consider the evidence that was presented to the administrative law judge and any new evidence offered by the public today. To some of the City's position, given the CUP, including admitted violations of its operating hours, admitted violations of the approved hours to sell alcohol, undisputed excessive noise violations, and evidence that The Bank had become a disorderly house in violation of its CUP, the Planning Commission should confirm the administrative law judge's decision to revoke the CUP. I would like to next give you an overview or roadmap for my presentation this morning, so first I'm going to discuss a history of the CUP that was requested by and issued to The Bank. I'm then going to discuss the specific violations, the timeline of those violations over the course of 17 months, and the many, many citations and civil penalties that were issued to The Bank. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm then going to explain that City staff has taken all of the necessary steps to comply with the Municipal Code requirements to revoke the CUP, and then I'm going to discuss the hearing that occurred before the administrative law judge, the evidence that was presented, and the ALJ's decision to revoke the CUP. So first, a history of the CUP that was requested and issued. To begin, in November 2007, Craig Puma of CNC Corporation -- I'm sorry -- CNC Puma Corporation applied for a Minor Conditional Use Permit for use by The Bank Restaurant, and in January 2008 the planning director approved PA07-0314. Now, the purpose of that CUP was to upgrade from a Type 41 ABC license to a Type 47 license so that the restaurant could sell distilled spirits, and then later that year, also in 2008, Mr. Puma sought to modify the CUP to extend the hours that The Bank could sell alcohol, and the Planning Department approved that. That was PA08-0236. Now, through this modification the restaurant manager could decide to stay open past its regular operating hours until 2:00 o'clock a.m., and on those instances alcoholic beverages could be served until 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A few years later in 2012, Mr. Puma requested another modification of the CUP so that he could have certain live entertainment at the restaurant for background music while dining, and the Planning Department approved that, and that was PA12-0041; however, the conditions of approval changed the approved operating hours and there was no longer a provision permitting the restaurant to stay open Now, The Bank asserted at the administrative hearing that the hours must have been changed back in error; however, Planning Manager Stuart Fisk testified at that hearing that he was involved in that -- in the issuance of the 2012 minor modification and that the director of Planning at the time told him he would only approve the 2012 minor modification application if the hours of operation were set back to those of the original 2007 CUP. The hours set forth in the 2012 conditions of approval were not an accident, were not made in error. They were purposely set. So to be clear, there's only one CUP at issue in this proceeding. It is 07-0314, which has been modified twice at the request of Mr. Puma. The final 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conditions of approval for the 2012 modification are the current conditions of approval and they supersede the first minor modification and the provision that the restaurant could stay open until 2:00 a.m. So I would like to now go over some of the important relevant provisions of the current conditions of approval for the CUP that are relevant to this proceeding. The approved hours are contained in Condition No. 12, which is at page 113 in your agenda packet. The restaurant must close by 10:00 p.m. Monday through Thursday and on Sundays, and at 11:00 o'clock p.m. on Fridays and Saturdays. The approved hours for sale of alcohol are also in Condition No. 12, and they require the sale of alcohol to cease by 10:00 p.m. Monday through Thursday and on Sundays, and at 11:00 p.m. on Fridays and Saturdays, and the consumption of alcohol must cease one hour after these closing hours. The Bank can have indoor entertainment consisting of one keyboard or other instrument played with one vocalist for the purpose of providing background music from noon until 10:00 o'clock p.m. That's in Condition No. 9. And according to Condition No. 28C, as in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cat, the licensed premises may not become a disorderly house. A disorderly house is defined in the Conditions of Approval as a licensed outlet that disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination, defecation, graffiti, and/or has many ongoing crimes inside or in the parking lot such as drunks, fights, assaults, prostitution, narcotics, et cetera. As part of its normal process, staff notified Mr. Puma about his right to appeal the Conditions of Approval. That document is page 111. If Mr. Puma wasn't happy with the Conditions of Approval imposed as part of the modified CUP, he had 15 days from the date of the approval to appeal. It is undisputed that Mr. Puma never appealed the Conditions of Approval. Now to discuss the violations of the CUP by The Bank. The City first became aware of The Bank operating outside of its approved operating hours when they received a complaint from the Temecula Police Department. The police department had noticed problems related to over -serving of alcohol at The Bank and resulting disturbances caused by fights and public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Code Enforcement Field Supervisor Tom Cole began walking with police officers in the Old Town area and he personally observed The Bank operating outside of its approved operating hours and serving alcohol past the approved hours. Mr. Cole also observed customers of The Bank falling down from intoxication and vomiting, and he observed individuals picking a fight with Temecula police officers, and all of this was happening after 11:00 p.m., which is the required closing hour. The Temecula Police Department also noted on many occasions individuals stopped for public intoxication and arrested for DUI were telling them that they were coming from The Bank. The police department observed several assaults per night happening in front of deputies and in front of The Bank. They also noticed that security guards from The Bank would push individuals who were fighting away from the restaurant into the street. Most of these incidents occurred after 11:00 p.m., and a vast majority occurred closer to midnight to 2:00 a.m., outside of the approved operating hours. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 In January 2022 there was a shooting at the The Bank who had worked at The Bank as a security guard and who had a felony conviction at the time that he was working at The Bank. That former employee was killed. Three other individuals were shot. A few months earlier in November 2021, another shooting occurred when patrons of The Bank who were celebrating a birthday at the restaurant got into a verbal altercation and a shooting occurred approximately 50 to 100 feet down the sidewalk. Mr. Cole determined The Bank was violating the City's noise ordinances, and he used a decibel reader to take noise readings. Now, the permitted level of noise in Old Town is 70 decibels. Mr. Cole would check noise levels from an adjacent property at The Bank while a DJ was observed playing after approved hours, and that level was 95 on numerous occasions. The Bank is permitted to have certain indoor dinner entertainment consisting of, as I mentioned, one keyboard or other instrument and one vocalist to provide background music from noon until 10:00 p.m.; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 however, The Bank had a DJ with speakers pointed into the street intersection producing loud and excessive noise in violation of the City's noise ordinance and in excess of what live entertainment was permitted by Beginning in March of 2021, Mr. Cole started issuing citations to The Bank for violating the approved operating hours beyond 11:00 p.m. and for having excessive noise levels with outside speakers in violation of the CUP and Municipal Code. Mr. Cole issued 34 citations between March and July of 2021. The violations continued, so pursuant to the Municipal Code, Mr. Cole began issuing civil penalty letters to The Bank which have a higher fine amount. He issued 109 civil penalty letters from July 2021 up until we had our hearing before the administrative law judge in August of 2022. Now, on August 20th, 2021, shortly after Mr. Cole started issuing civil penalties, Mr. Cole sent a notice to Zip Third Investments LLC. That is the company that owns the property on which The Bank is located, and the purpose of this notice was to let Zip Third know that its tenant, The Bank, was violating the Temecula Municipal Code, including that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it was operating in violation of the permissible operating hours. Mr. Cole never received a response from Zip Third. Zip Third was then sent copies of each of the civil penalty letters that were thereafter issued to The Bank. All told, 97 civil penalty letters were sent to Zip Third. They were copied. City staff used the address for Zip Third that is listed with the California Secretary of State, and Mr. Solomon of Zip Third testified at the hearing that this Wilshire address is the correct None of these letters were ever returned as So all told, staff issued over 100 citations and civil penalties over the course of 17 months. The Bank continued to violate the CUP even up until we had the hearing before the administrative law judge as part of this revocation process. Now I'm going to talk about The Bank's and Zip Third's reaction. So Craig Puma -- again, his company is CNC Puma Corporation -- owns the restaurant, and he was aware of the citations. He testified he was aware of the citations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Amanda Lane is the president and CEO of that corporation and she is the day-to-day manager of the restaurant, and she also was aware of the citations. In fact, she paid approximately $15,000 in fines as she received citations and civil penalties. Both of them contacted Luke Watson to claim that the operating hours in the CUP were incorrect. Mr. Watson explained, no, they're not, and he provided the operating hours again to Mr. Puma. He explained that they must file a minor modification application if they wanted to change those approved The Bank never applied. No one ever applied for a minor modification to change the operating hours, and certainly we know that Mr. Puma knew how to do that because he had done that twice before with the CUP. No one ever appealed any of the citations for civil penalties, and as I mentioned, a portion of them were paid. The majority, though, have been left unpaid and are delinquent. Additionally, Mr. Cole had several conversations with Ms. Lane over an approximate 18-month period regarding The Bank's violations of approved operating hours. Ms. Lane never told him, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 though, that she would comply, and so Mr. Cole continued to issue citations and civil penalties. With all of this, City staff really had no other choice but to proceed with this revocation action. Now, Section 17.03.085 sets out the process by which the City may revoke a CUP. It begins with the planning director sending a notice to the permit holders and to the city clerk that explains that he is recommending the revocation of the CUP, and that was done. That letter is at page 267 of your packet. During testimony before the administrative law judge, both The Bank and Zip Third admitted that they had received this notice. The next step in the process is to have a public hearing before an independent hearing officer. In this case, as I mentioned, the hearing was held before an administrative law judge with OAH. The ALJ received oral and written evidence from all of the parties, heard testimony from Mr. Watson, Mr. Cole, and Sergeant Hephner of the Temecula Police Department, and from Planning Manager Stuart Fisk regarding all of the violations. The ALJ also heard testimony from the owners and operators of The Bank and from a representative from Zip Third. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Of particular note, during the hearing before the ALJ, the owner and operators admitted to operating the restaurant until 2:00 a.m. Ms. Lane testified that The Bank typically closed at 2:00 a.m. on Fridays and Saturdays, and that on Sundays it typically closed between 10:00 p.m. and midnight. They admitted to selling alcohol past the approved hours in the Conditions of Approval. They admitted to having a live DJ that would perform usually up until 1:00 a.m. depending on the day. Ms. Lane also admitted to having drag show performances at the restaurant. During the hearing a private investigator retained by the City testified that he went to The Bank on July 10, 2022. This is after the planning director sent the notice that he was recommending revocation. That investigator observed The Bank continue to operate and sell alcohol after 11:00 p.m. Notably, when the investigator went outside of the restaurant to take a noise reading, he was approached by two security guards from The Bank who threatened to beat him up if he did not give him -- give them his phone. They had apparently seen him taking photographs from inside the restaurant. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So there was evidence presented as 17 months' worth of violations and that these violations continued even after the City notified The Bank and Zip Third that it intended to seek revocation of the CUP. As to Zip Third, Ms. Lane testified that she contacted an individual with Zip Third in July of 2021 to inform him of the citations that were issued from the City. As it turns out, this person is with the property management company hired by Zip Third. Mr. Solomon of Zip Third testified that his office had received some of the civil penalties sent to his office. He admits to receiving at least 16, the earliest dated March 7, 2022, which was before the planning director sent his notice. Of course, it is City staff's position that all 97 civil penalty letters were sent to Zip Third, none of which were returned, but at the very least Zip Third was on notice of the violations in March 2022, which was five months before the hearing before the administrative law judge. Based on the evidence presented by all of the parties, the ALJ decided that the City had demonstrated by clear and convincing evidence that CNC Puma Corporation doing business as The Bank had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 frequently and continuously violated the approved conditions of approval for its CUP. Specifically the ALJ found that The Bank violated Condition No. 12 by continuously operating outside of its approved operating hours, that it violated Condition No. 12 by selling alcohol to customers at hours beyond the approved hours, violated Condition No. 9 by having live entertainment beyond that which was permitted in the CUP, and violated Condition No. 28C by becoming a disorderly The Bank argued that it did not realize the approved hours had changed in the last modification. The ALJ found that any mistaken beliefs about the permitted hours did not absolve the violations, and that is certainly City staff's position as well. The ALJ also found The Bank had created loud noise beyond what was permitted by the Municipal Code and that law enforcement had established The Bank had become a disorderly house in violation of the CUP. The evidence presented to the ALJ established a long history of intentional violations of the CUP. We are not talking about a few isolated mistaken violations. What we have here is a restaurant that for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 over a year and a half refused to comply with the CUP. No doubt The Bank does not want to close at its approved operating hours and wants to stay open later than 11:00 p.m. on Fridays and Saturdays, but it decided to continue to violate rather than to go through the proper process of applying for a minor modification or even to appeal any of the citations, any of the civil penalties. City staff was left with no other option than to bring this revocation action as the AL determined the City has met its burden of establishing violations of the CUP and that the CUP should be revoked. Accordingly, City staff requests that this Planning Commission confirm the independent hearing officer's decision to revoke the CUP. Thank you very much, and I would like to reserve the rest of my time for rebuttal. COMMISSIONER TURLEY-TREJO: Thank you so much for your presentation. You might want to stay there in case we have questions for you as Commissioners right now. MS PETRUSIS: Of course. COMMISSIONER TURLEY-TREJO: Okay. So thank you for that presentation. It was very clear. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I'm going to start on my left with Commissioner Ruiz. COMMISSIONER RUIZ: Thank you. Thank you, Ms. Petrusis. I did have a question in reviewing the packet. There was the 2008, the original CUP acceptance signed by the applicant. 2008 in the packet was presented, but there was no signature, at least it didn't appear a signature in our packet. Was that ever signed? MS. PETRUSIS: Do you mean the -- the 2012 Conditions of Approval, was that ever signed? I don't -- if it's not in the packet, I don't believe we have a copy of the signed -- COMMISSIONER RUIZ: Okay. Yeah. MS. PETRUSIS: -- Conditions of Approval. COMMISSIONER RUIZ: Yeah. I was just looking for those two, the 2008 acceptance and the 2012 that would be signed from the applicant acknowledging that they accepted those terms to that CUP, that modification. MS. PETRUSIS: Right. And what we do have, though, is evidence in the testimony that Mr. Puma received the conditions of approval. He does not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dispute that he ever received the Conditions of Approval. COMMISSIONER RUIZ: Thank you. COMMISSIONER TURLEY-TREJO: Commissioner Watts? On this end? No questions? No questions. Okay. Thank you very much. MS. PETRUSIS: Thank you. COMMISSIONER TURLEY-TREJO: We appreciate that. Okay. We will move on to the attorney for The Bank and restaurant owner to present their case. You also have 45 minutes if you need it. PRESENTATION SPEAKER MR. PENMAN: Thank you. Mr. Ruiz, to answer your question, they did not sign it. The Temecula Municipal Code provides that they are to sign it, and our position is they never did accept those conditions. My name is James Penman. I was elected city attorney for the City of San Bernardino for 26 years. I've dealt with many of these cases. When I was first hired on this one, I did my usual practice, looked at the record, see if I needed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to advise my clients they just need to say, Hey, the City is right, and go from there. When I got on the record, I saw that wasn't revoke the decision, to revoke the CUP, the planning director relied on a great deal of incorrect information given to him. One of those things was that a murder that occurred at The Bank could have been prevented by the restaurant owners -- and that's in the testimony -- merely if they'd closed earlier, and Mr. Watson testified to that. The shooting occurred at 10:39, 10:40 a.m.[sic]. We just heard the city attorney say that the restaurant was supposed to close at 10:00, but patrons could continue to consume alcohol for an hour afterwards. The shooting occurred at approximately 10:40 according to Sergeant Hephner, so that had nothing to do with that. There was nothing that they could have done. Planning director said that there was numerous violations, so forth and so on, but, in fact, the record does not completely substantiate that, and that's what you're being asked to look at, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The primary problem is in 2008 The Bank applied for the minor modification, which was granted, and it allowed The Bank to stay open until 2:00 a.m. Thursdays, Fridays, and on holidays. On February 2nd, 2012, The Bank applied for another modification solely for the purpose of having live entertainment. The request to have live entertainment was granted, but in preparing that, the staff person inadvertently missed the 2008 modification allowing the restaurant to stay open How do we know that? There are three ways to tell that that was a mistake. One, in 2007 The Bank had a Type 41 liquor license allowing only the sale of beer and wine. In 2008, that minor modification, upgraded it to a Type 47. But if you look at the 2012 modification -- excuse me -- if you look at the 2008 modification, you will see that the staff cut and pasted -- I'm getting ahead of myself -- the 2012 modification, the staff cut and pasted not the 2008 modification allowing them to stay open until 2:00 a.m. on weekdays and holidays, but the one from 2007 requiring them to close at 11:00 Fridays, Saturdays, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and weekends. How did that happen? They simply missed the 2008 modification. How do we know that? They later testified -- testimony indicates in the second transcript that when The Bank went to the Planning Department to ask for a copy of the 2008 modification, they couldn't find it. They didn't have it. The Bank went to ABC and ABC had filed a 2008 modification which showed that The Bank was allowed to stay open until 2:00 a.m. The City did not have it, and that -- they testified. That testimony is in the records. There's a 2021 exchange between Planning Director Luke Watson and Planner Stuart in the evidence that's before you, and there is no -- a number of e-mails. The e-mails are in evidence. There's no discussion of change in the hours that appears on the record in that 2012 application, and there's a problem with the e-mails. January 19, 2021, Planning Director Watson e-mails Fisk and includes a copy of the 2012 modification, and Mr. Watson is confused or uncertain. You can see that in these e-mails about what happened. And Fisk e-mails to Watson, "I don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 recall taking anything to hearing to modify their hours," referring to 2012. "Are you recalling something?" Watson, expressing surprise, responds, "No. Just the closing hours are so early." That's Exhibit A of the hearing evidence, page 4 -- excuse me -- Exhibit H of the hearing evidence, page 4. Jaime Cardenas denied to The Bank that the City had a copy of the 2008 minor modification. That information is on page 140, lines 14 to 16, Minor Modification, 2008, Exhibit I. Cardenas also told Ms. Lane, the -- one of the owners, that the restaurant can be open until 2:00 a.m., relying erroneously, I believe, on language in the 2012 modification. Nonetheless, the evidence shows that's what she was told. Cardenas also told Lane, according to the transcript, Volume II, page 149, lines 7 to 15, that the City went from one program to another, and when they changed programs they lost a bunch of documents. So okay. I don't know when that was, and I don't work for the City, but based on what Jaime Cardenas told me -- and this is Ms. Lane testifying -- she formed the opinion the City did not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have possession of the 2008 minor modification, which is why Mr. Puma went to ABC and got a copy of it. They did have it, and they presented that to the City. Mr. Puma e-mailed a copy of that to Mr. Watson on March 3rd, 2021. Now, the City claims that the reason they did not enforce the new hours from the time of 2012 in that modification until they started enforcing it in February 2021, 9 years later, was they didn't know about it, but that's not what the evidence shows. The evidence shows that City staff and officials were at The Bank Restaurant themselves having dinner after 10:00 P.M. This record does not justify the decision made by the administrative law judge. We did not use administrative law judges in San Bernardino because our finding was that they have contracts with the city, and if they don't come back with a decision favorable to the city, their contracts don't get renewed. We use independent hearing officers, retired judges, attorneys, who had a two- or three-year contract that cannot be renewed for another two or three years, so the motive to just rule in favor of the city was taken away. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You don't have that here in Temecula, and I think that's a problem. And I think it's a problem with administrative law judges, and that's one reason why the courts give more credence -- in my opinion and my experience -- to Hearing Officers -- they have limited contracts that can't be renewed -- than they do to the administrative law judges. Now, the testimony of Sergeant Hephner was that the homicide occurred January 9, 2022. He was not working that evening, but he was briefed on it. Subjects, two males, one pulled a gun. You heard the City attorney say that that -- that they were at The Bank. Huh-uh. Not so. How do we know that? Because, according to the testimony, subsequently two officers went to The Bank and asked to see a copy of the tape from the November 2021 shooting. This is the second -- this is the first shooting, the one that they -- I'm skipping here, but there was another shooting in November of 2021, and Sergeant Hephner testified that the patrons were at The Bank. They were not. When the investigating officers went to The Bank and saw the tape, they saw the bouncer turn away the two people that were involved in the shooting because they were already intoxicated having 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The officers told The Bank staff, Okay, they er here. That's in the -- that's in the transcript as well. That's in Volume II, page 116, line 16 to 25, and page 117, lines -- you have this. All of these things I'm saying are -- the citations are in here. Sergeant Hephner also testified that at the candlelight vigil for the victim of the murder, he encountered a person who was acting suspiciously, and he searched him and he found a gun on him, and that was an arrest that he attributed to The Bank. The problem is the testimony also shows The Bank was closed the day of the vigil, January 13th, 2022. Transcript Volume II, page 137, line 67. The Bank wasn't open. This is all the evidence that Mr. Watson had, the planning director, when he made the recommendation to revoke the CUP, and it was based on this wrong evidence that Mr. Watson made that decision. Sergeant Hephner testified that a security guard, whose name, the sergeant believed, was Venom, refused to tell the deputies he had witnessed what he had witnessed the day of the November 2021 shooting, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and he said he was uncooperative and wasn't -- wouldn't provide the information. Subsequent testimony shows that when he reported that, The Bank manager, they fired the man the same day. Sergeant Hephner testified they fired him for another incident later. Not true. The evidence shows they fired him the same day. Evidence further shows that the man's nickname was not Venom. It was Virus. Why is this important? Because Sergeant Hephner testified that in his experience as a police officer, understandably, if someone had a moniker or a nickname, they were affiliated with a gang, and he made the assumption that this guy that he thought his name was Venom thought that was the case. Later testimony showed the name wasn't Venom, it was Virus, and he was an artist and somehow that's how he got the name. Sergeant Hephner testified that there were other security guards at the bank that had nicknames, and that indicated to him they were -- maybe had gang affiliation. Subsequent testimony showed that the only other moniker or nickname by a security guard at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Bank was Eagle, and that man was a Native American and the nickname Eagle was given to him by his father. The list of the incidents involving DUIs shows -- connected to The Bank shows a stolen vehicle on July 3rd, 2021 that supposedly came from the parking lot behind The Bank, but The Bank doesn't own that parking lot. It's open to the public. A person ran into the restaurant, a lady -- a young lady cried her car had been stolen. The restaurant called the police. The police came, but The Bank got stuck with that as one of the crimes occurring at The Bank. A suspicious -circumstance call related to The Bank on August 1, '21, The Bank staffer testified -- it's in the record -- that was her birthday and she remembered it, and they were open that day but nothing happened. By the way, you'll notice a lot of those incidents say, "no report." I -- I think more than that, about half of them say, "no report." When it says, "no report," it's because when the officers got there, there was nothing to report on. There was no evidence of anything having -- having occurred. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 On another occasion an older homeless man was outside The Bank yelling and swearing. He was known to the police. Bank staff called the police, they responded, and that was charged to The Bank as a problem there at the restaurant, even though the man had never gone into The Bank. As to the list of The Bank's calls for service, which are in the transcript, the other ones are in there, too, and you need to look at those. The Bank was listed in this one period as having had 40 calls for service. That's in Exhibit L -- excuse me. Exhibit L is the Stampede, which had 63 calls for service, 23 more than The Bank. Exhibit M, Pub, 75 calls for service. Again, The Bank, 40. Exhibit N, Adelaide, 48 calls for service. Again, The Bank, 40. Exhibit 0, Baily's, had 27 calls for civil service, and Blackbird had 29 calls for service. Calls for service are not unusual in an area such as Old Town, Temecula, because it's an active area, and that's going to happen. And the practice on calls for service is if it's in or near The Bank, it's attributed to The Bank. Imagine you've got a problem neighbor next door. They're fighting and yelling all the time, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 playing loud music. You call the police. The report comes back at some point in time that your house has had so many calls for service on it because you're the one that called the police, and that's what happened. In many of these cases, it was The Bank employees who called the police, and yet Mr. Watson based his decision to revoke the CUP on that type of information. Mr. Watson testified that we have a well-worn philosophy for code enforcement. We're not here to take a heavy hand. First talk with the owners, look for voluntary compliance, so forth and so on, but if that doesn't work, then we go to the penalties. Tom Cole, the old supervisor of the City of Temecula, also testified the ultimate purpose of any violation is compliance. Despite those explanations, Mr. Watson, when asked why did the City stop issuing noise violations on July 12, 2021, Watson responded, "Probably because they stopped violating code and the conditions of approval at that point." That's Transcript Volume I, page 123, lines 20, 25, page 124, lines 1 to 5. Certainly when Tom Cole, code enforcement officer, was asked why The Bank wasn't cited for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 violations after July 2021, Do you know? "Yes, I do know. They turned their music down and took their speakers from being outside." Then he was asked, "And that was the result of you speaking with someone there at The Bank?" "I believe so." Question, "How long after that conversation was the problem abated?" "I believe the following week." And then later he said it may have taken a couple of weeks. He was asked, "Do you believe the problem has been resolved?" "Yes." So if the problem was resolved in July of 2021, why was the Hearing Officer giving testimony that one of the bases for revoking the CUP was the noise violations? Noise violations had stopped more than a year before the hearing before the CUP. If it -- if you look at what Mr. Cole and Mr. Watson testified to, the goal was to get compliance. Evidently not. Evidently the goal was to build a record that even if they corrected it and got compliance a year ago, we still use it as a basis to revoke the CUP. That problem continued on all the way through 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the administrative law judge hearing. The problem with the confusion or the City misplacing the 2008 modification, which allowed them to say open until 2:00, the City at that point believed that they didn't have -- they believed it was 2007. That's why they did the 2012, they cut and pasted the hours from 2007, skipping the change in 2008. Mr. Watson went on to testify that -- about that incident in November of 2021 where there was a shooting. The Bank -- the PD told me they were at The Bank. I don't know if they were at The Bank drinking. Well, the sheriff found out they weren't at The Bank drinking, because the video showed them being turned away by the bouncer. Watson was then asked, "Do you know of anything the Bank could have done that they didn't do that would have prevented the shooting?" This one talked about the murder. He said, "Closed on time." Well, they did close on time. They closed at 10:00. The patrons continued drinking, as the 2012 CUP minor modification allowed, and the shooting occurred at 10:40. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Watson didn't know that, and he was asked after he said that they -- you know, they'd closed on time, the problem wouldn't of happened, how it had any impact. His answer, "Maybe they all wouldn't have been there." Question, "You don't know that." Answer, "Well, no. You just asked me if I thought there was anything they could do." "Okay. Other than that, is there anything else they could have done?" Answer, "No," Mr. Watson. Yet, when he made the recommendation that went to the ALJ, he based it on The Bank not closing on time. They did. They closed at 10:00, but the patrons, under the 2012 modification, could continue drinking until 11:00. The question to Mr. Watson, "You said earlier there were a number of crimes that happened at or near The Bank that you associated with The Bank; is that correct?" Answer, "Yes." "How close does something have to be at The Bank for you to believe that it's close enough to be their fault?" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Answer, "That is a question for the police department. I'm not on site. I go off what they tell me." He actually goes off what he understands they tell him. Wait a minute, Planning Commissioners. Mr. Watson is the one recommending the CUP be revoked. Doesn't he doesn't have an obligation to verify the fact on which he bases his recommendation? Question to Mr. Watson, "What do you believe 'associated' means?" Watson's answer, "They were patrons. They were employees. They were somehow associated on going there and doing business there." And yet the evidence shows that that was mistaken on the case of November 2021 shooting, which was one of the major things that Mr. Watson based his recommendation on. Mr. Watson was asked, "Why do you believe revocation will solve the problem with The Bank?" His answer, "Well the specific actors that are involved that are operating the business in this manner, removing the liquor from the environment is certainly going to help. I don't know if it will solve everything, but that is what we have at our disposal to enforce and that's what we're using." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Wham bam. Question, "You indicated code enforcement reaches out to owners to act collaboratively. Did you reach out to this owner, a phone call, or something that isn't an enforcement letter?" Mr. Watson's answer, "No, we didn't." City did not follow its well -established procedures. That's not my client's testimony, that's Mr. Watson testifying. First he says we reach out to them and try to work it though, and then we do a gradual progression of things. He didn't do it. In any event, as Planning Commissioners, there's reason you're here. State requires city -staffed planning commissions. You're a check and balance on the city staff. It is not your job just, as you know, to rubber-stamp what the city staff does or rubber-stamp what an administrative judge does. It's your job to decide whether or not the information presented to the administrative law judge is sufficient in its totality to support revocating[sic] a permit. We respectfully submit it's not. What we're asking you to do is be that check 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and balance that you're intended to be and cut off the damages to the City. This case is going to go to Superior Court. Superior Court is going to look at these records. They're going to see what you just heard, what it was based on. They're going to hear the disputes. And by the way, the City attorney said our clients admitted the vio- -- they never admitted them. They paid the violations. They said that, because they also testified -- it's in the record -- that they believed the City would eventually realize once they gave them a 2008 permit -- so the City had their own records which they got from ABC -- the City would come around and say, Hey, yeah, we made a mistake. We cut and pasted. We took it from 2007 instead of 2008. Every day that The Bank is getting this stuff, damages against the City are accruing. It needs to be cut off. I would never have let this case go to a revocation as a city attorney of San Bernardino. I didn't want to be sued as a city attorney I don't want to lose. I see this as a losing case for the City. This is not something that needs -- that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 needs to be taken any further. The buck can stop with you. It doesn't have to, but it can, and I encourage you to do your job as good citizens of the City of Temecula. As responsible Planning Commissioners, stop this. Look at the -- look at those transcripts and you will see that the testimony was mistaken, and Mr. Watson in effect, backed off. Thank you for your time. And I'm reserving my time, by the way, the remainder of it. This says I've gone 19 minutes and 28 seconds, and I'm also renewing my motions for the admission of that video and for a continuance if we're not allowed to so that the problem -- the criminal case can be resolved and the Commission can hear the video and see that there was no argument leading up to that murder. It happened very quickly, no way that The Bank was put on notice that there was some dispute going on, and that's in the testimony, too, but you haven't seen the video yet. And there's good reasons why you haven't seen it. Thank you. COMMISSIONER TURLEY-TREJO: Thank you for your presentation, Mr. Penman. Do we have any questions for Mr. Penman at this time? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER SOLIS: I have a question. COMMISSIONER TURLEY-TREJO: Okay. Mr. -- Commissioner Solis? COMMISSIONER SOLIS: I have a question, just very simple. What is the active CUP right now that your client has right now active on the property? MR. PENMAN: According to the City, it's the 2012 CUP. COMMISSIONER SOLIS: Okay. MR. PENMAN: But we contend that was a clerical error and that the -- because the 2012 application was just for live entertainment. It wasn't to change the -- it wasn't to change the hours. And I don't believe that one was accepted either, if I'm -- my memory is right, but you check that. I might be mistaken. COMMISSIONER SOLIS: So your client did apply for a modification to the existing Conditional Use Permit and that's how the PA12 came up? MR. PENMAN: Yes, and applied for it solely to allow live entertainment, not to change the hours. COMMISSIONER SOLIS: Okay. And my other question is what is the resolution or the Conditional Use Permit that ABC has on file? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 What is the -- MR. PENMAN: The one ABC -- COMMISSIONER SOLIS: -- what is the one that you're referring to that said that is incorrect? MR. PENMAN: The one that the ABC had on file, which the City now has as of March 3, 2022, is Conditional Use Permit 2008, which allows them to stay open until 2:00 p.m. That's what ABC has. Now, ABC by now may have No. 12 as well -- COMMISSIONER SOLIS: Right. MR. PENMAN: -- but the City had lost No. 8 or said they didn't have it at our -- and they got it again after our clients retrieved it from ABC. And it's in the record, by the way, Exhibit -- I don't recall the exhibit number, but 2008, 2012, and 2007 are all in the transcript, administrative record before you. COMMISSIONER SOLIS: Okay. That's it. MR. PENMAN: Thank you, Mr. Solis. COMMISSIONER HAGEL: I have a question. Excuse me, I have a question for you. Just a point of clarification, so the 2012 modification was for music; is that -- that correct? MR. PENMAN: Live entertainment, music, yes. Yes, sir. Yes, sir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER HAGEL: Okay. And your position was that they did not sign that? MR. PENMAN: Is -- on the 2012? COMMISSIONER HAGEL: Right. MR. PENMAN: My recollection is they did not, but I don't want to represent that to you and make a mistake. I don't have it right in front of me. You can check it and see. My recollection is they did not sign that and they did not sign the 2008, as Mr. Ruiz pointed out. COMMISSIONER HAGEL: Okay. Your client did start providing music after that, though; is that -- MR. PENMAN: Correct. COMMISSIONER HAGEL: Okay. All right. That's it. Thank you. MR. PENMAN: Thank you, sir. COMMISSIONER TURLEY-TREJO: Commissioner Watts? Mr. Penman, you're not done. MR. PENMAN: I'm sorry. My apologies. COMMISSIONER WATTS: On the 2012 minor modification -- and it was returned to your client, and you're stating that it wasn't signed by the City; is that correct? MR. PENMAN: No. It was signed by the City. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It was not signed by my client, to the best of my recollection. That's -- COMMISSIONER WATTS: Why not? MR. PENMAN: -- that's -- pardon? COMMISSIONER WATTS: Why not? MR. PENMAN: I don't know the reason it wasn't signed. I speculate because they didn't agree with it, that they didn't accept the conditions. COMMISSIONER WATTS: And those conditions included the change of hours for operation; is that correct? MR. PENMAN: That's correct. COMMISSIONER WATTS: And did your client recognize -- you didn't sign it because you didn't agree with it, why did -- did he bring that to the attention of the City? MR. PENMAN: Yes, he did. And, in fact -- well, he brought it to the attention of the City when the City started to enforce the -- nine years later when the City started to enforce the 10:00 p.m. closing. He testified -- Mr. Puma, who is actually not my client, but he was the guy involved at the time, so it's hard for -- that why I say I speculate, because I don't know why he didn't sign it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 But he testified to the City that he just looked at the part that said it was approved for the purpose he had requested, which was live entertainment, and he put it in an envelope and put it on the counter, and that's the last he saw of it, and I believe his testimony -- I believe his testimony -- it's in the transcript -- was that he did not see that the hours had changed at that time, and wasn't until 2009. But the fact that he didn't sign it, I think -- you can say it's a technicality, but technicalities can matter, too, sometimes, and according to the Temecula Municipal Code, my reading, the applicant is supposed to sign the acceptance to show they accept it, and he didn't accept it. So I don't think the burden was on him to go to the City. I think the City's burden was to go, Hey, why didn't he sign this. City should have contacted Mr. Puma and said, You haven't signed this. That means you haven't accepted the conditions. The burden was not -- the City attorney put it on The Bank. Why didn't they apply? Why did the City just walk away and allow that unsigned document not be followed up on? COMMISSIONER WATTS: It's fine. So you're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 confirming then that the new information was contained in the 2012 minor modification? It was returned to Mr. Puma; correct? MR. PENMAN: Yes. I confirm that, but he did not accept that -- he did not sign his acceptance. COMMISSIONER WATTS: And he didn't do any kind of formal protest or objection or anything of that nature? MR. PENMAN: Not to my knowledge. COMMISSIONER WATTS: Okay. MR. PENMAN: Again, he's not my client. COMMISSIONER WATTS: Okay. Thank you. MR. PENMAN: Thank you, sir. COMMISSIONER TURLEY-TREJO: Mr. Penman, you're not done yet. COMMISSIONER RUIZ: Just a follow-up there -- MR. PENMAN: Can I ask a question? My 45 minutes have now run. Do the questions count against those? COMMISSIONER TURLEY-TREJO: No. MR. PENMAN: Okay. Thank you. I'm relieved. I -- COMMISSIONER TURLEY-TREJO: It doesn't count against it. We just have some questions for you. MR. PENMAN: Ask all the questions you want. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER RUIZ: Thank you. And I just want to clarify. So on the 2012 modification to CUP, you've referenced a couple times live entertainment. That was for a single instrument or single vocalist up until 10:00 p.m. That was what that modification was requesting; correct? MR. PENMAN: Respectfully, I don't recall specifically, but I -- I don't recall to a certainty. My recollection is that it was for live music in the manner you suggested, one person was going to be presenting live music. That was the reason behind it; however, you would need to look at the conditions to see if the conditions limited them to only one person, but I don't recall reading that. That was what motivated him to do it. That may have been what he put on the application, but it's the terms, the conditions of approval that you would have to look at to see if he -- if The Bank was limited to just one performer, and I don't recall that, respectfully. COMMISSIONER RUIZ: Okay. I believe that's what it did state in there, and then it also did state 10:00 p.m. I was just trying to confirm that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we were talking about the same thing, because live entertainment today has a different meaning also, so just I wanted to make sure we were talking about the same description. MR. PENMAN: I -- I think we are. COMMISSIONER RUIZ: Okay. Thank you. MS. FOX: Madam Chair? COMMISSIONER TURLEY-TREJO: Yes? MS. FOX: A rule of procedure here. We had agreed for the procedure that we will be running today that The Bank had 45 minutes for the presentation of their case, so there's no ability to reserve time. So I think there was about -- we'll have to check with the Planning Secretary, but I believe there was about 18 or 19 minutes left. So if Counsel has anything further he wants to add, the time to do so is now. MR. PENMAN: I'm confused because the City attorney reserved time for rebuttal, and I was trying to reserve my time to respond to what she responds to. MS. FOX: Thank you so much, Counsel. So the agreed procedure, the City has the burden. The City goes first. They have 45 minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allocated of which they can allocate any portion of that for their rebuttal. That is the only party that gets rebuttal. Zip Third and Puma Corp each get 45 minutes. MR. PENMAN: Okay. So I won't be allowed to come back, then? MS. FOX: You will not be allowed to reserve time. That's correct. MR. PENMAN: Okay. Very good. Then I do have just a couple more things to say. MS. FOX: Let us set the clock, if we could, please, and hopefully somebody kept track. They reset your 45 minutes. MR. EDWARDS: Nineteen minutes and twenty-eight seconds. MS. FOX: Thank you so much. COMMISSIONER TURLEY-TREJO: Thank you for that clarification, Ms. Fox. Hold on one -- MR. PENMAN: The City -- COMMISSIONER TURLEY-TREJO: Hold on one second. We're making sure that we have the timer working up here. MS. JACOBO: You have 19 minutes and 45 seconds. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TURLEY-TREJO: So Commissioners will go ahead and let him finish. COMMISSIONER SOLIS: I have one more -- COMMISSIONER TURLEY-TREJO: Let's go ahead and let him continue, and then if we have any more questions we can ask him when his time is finished. Thank you. COMMISSIONER SOLIS: Got it. MR. PENMAN: Thank you. Cities today have a huge problem. They don't have enough money to hire the number of police officers they need to police their cities. It's not the fault of the city. What is problematic is when problems develop that are in the proper venue of law enforcement and there are not enough officers on the job to handle them, then the city needs to do something. They're getting complaints. There was a murder there. There was a shooting down the street. There was a violent incident inside the -- inside the establishment. And by the way, one of those incidents was the officer testified that a guy was badly beaten by the bouncer. Turned out that the guy was kicked out of the club, went to Officer -- Deputy Bowman to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 complain. Bowman came back, looked at the video, saw that he was not beaten by the bouncer. What happened was -- and this is in the testimony -- the guy was using a camera to go under girls' skirts, and he was -- the bouncer kicked him out. And he goes to the deputy, and the deputy's name, Bowman, and he comes in and checks and he looks at the video and he says, Okay, you didn't do anything wrong. Those weren't his exact words, but roughly that's what he says, and that was it, but the testimony was that that had happened. You know, this entire case is built on -- COMMISSIONER TURLEY-TREJO: Sorry. Excuse me. MR. PENMAN: Ma'am? COMMISSIONER TURLEY-TREJO: So I don't have the time going down on mine here, so I just want to know -- MS. JACOBO: I thought he was responding to a question. COMMISSIONER TURLEY-TREJO: No. MS. JACOBO: Okay. COMMISSIONER TURLEY-TREJO: He's going on with his time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. JACOBO: Okay. COMMISSIONER TURLEY-TREJO: All right. Thank you. MR. PENMAN: Okay. I -- my thing shows I have 19 minutes, 37 seconds, approximately. Okay. Thank you. Cities have this problem. The problem is we don't have enough law enforcement, and when the public starts complaining, cities need to do something to show the public they're responding. Again, I did this for 26 years. I know it well. What do you do? You shift the blame. You blame the business. We're doing something. We're going to close that business. We're going to take away their CUP. But wait a minute. They've got property rights, too. The testimony is there. The city planning director admitted there was nothing else they could have done, but yet they're going to pull their permit, and one of the bases is those -- those two shootings, I suspect one of the main bases. How are you responsible as a third -- when the third party comes on your property, even if you invite them on. Let's say you have a -- you're having a party at your house and inviting guests, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Heaven forbid your guest -- someone brings -- you invite somebody that brings somebody and that person pulls out a gun and shoots somebody. Should that be your fault? It's your house. And it shouldn't be their fault either. They had security. The testimony was that the security wasn't wearing the right uniforms, that they had criminal backgrounds, but the other testimony from The Bank was that we didn't know of any criminal backgrounds and that's not what the police told us. And they are wearing the proper identifications, and they've been wearing them since the day the City of Temecula required them to start wearing clearly identifiable uniforms or jackets saying "security," which was July 31st, 2022. Prior to that they weren't required to do it. But the planning director believed and the administrative law judge believed that there was a murder there that could have been prevented. There was a shooting down the street. The officer testified it was a -- it was less than a block. The business testified it was more than a block. It was attributed there, but the officer thought that the people involved in the shooting, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 November 2021, had been drinking at The Bank, and they weren't. The video showed them being turned away by the bouncer. So this is a big mess. It's going to get unravelled at some point in time. I don't know if it will be at the Superior Court or the Appellate Court or the California Supreme Court. It doesn't have to go that far because you guys can look at those transcripts yourself. You know, I understand an administrative law judge might believe what the officer said, but the officer may or may not have known about the follow-up visit, the one that the officer testified where the video showed they were turned away. night of the murder, but they did not take the video of the guy being turned away because the investigating officers were satisfied, Oh, yeah, they weren't here. So for their purposes, they didn't need the video. They would have needed it. They would have taken it had they been there, but they didn't take it. And that's in the -- that's in the evidence, too. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I spend a lot of my time advising city officials we can't violate someone else's rights just to make the city look like we're doing something, because elected officials, you know, they answer to those voters, as they should, and they don't want to say we can't do anything. Can they do anything? Yeah, they can cut the budget somewhere else and hire more cops, but that's a tough call, and I'd be the first to admit that. But that's the problem. It isn't just in Temecula. It isn't just in San Bernardino. Isn't just California. It's everywhere across the nation, there's -- violent things are happening, and obviously they need to be rectified. But the way to rectify them is not to take away the Conditional Use Permit of a good restaurant that runs a good business where the owners do what the police says. The testimony in the record shows that Captain Hall of the Sheriff's Department called Ms. Lane and said, Hey, the City wants you guys to close down earlier than 2:00 because we're having all of these problems. None of the other restaurants will do it. Will you do it? Yeah, we'll do it, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they stopped closing at 2:00 and they closed at 12:00. And Captain Hall told her -- it's in the transcripts -- nobody else was doing that. They did that several times. The parking lot behind The Bank is owned by the same property owner that owns The Bank, but he's done everything -- he's put, like, 19 cameras in there to watch that parking lot. The Bank paid for their security to go and patrol that parking lot because there were incidents happening there, even though The Bank had no control over that parking lot. They did that, and the other neighbors appreciated it. The other tenants of the property owner thanked Mr. Solomon for what The Bank was doing. Mr. Solomon testified that he had no complaints amongst his other tenants who were right there adjacent to The Bank about The Bank, and yet the testimony of the city officials and Sergeant Hephner is that this occurred in -- I think the -- Mr. Watson -- this occurred immediately adjacent to The Bank. It did not. It occurred down the street. Mr. Watson made his decision based on erroneous information. And I know what happens with planning 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directors, and so do you. The -- you know, the mayor, the council member calls the city manager and says, Hey, we're having all this stuff and The Bank is getting the blame and you've got to do something about it. Watson, in his testimony, expressed surprise that the -- excuse me -- in the e-mails, Watson expressed surprise that The Bank was being told to close that early when the 2012 permit was issued. You can see it. It's right there. It's in his words back and forth between he and the other planner. This thing was a mistake. It was an accident, and our clients testified to that. Our clients testified it was an honest mistake. They don't think the City purposely lost or disregarded the 2008 permit. Somehow it got lost, and according to Jaime at the counter, it got lost because the City changed its programs, and that happened. I can tell you, 26 years in San Bernardino, we changed programs three or four times, and every time we change, something went wrong. I suspect that happens with you when you upgrade your computers to some new system, you may have some problems. Maybe you're more technologically 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sophisticated with computers than I am, but I know -- we had a guy come in the other day and upgraded my wife's computer and she said she can't find anything she saved. She doesn't know what to do. Had to have the guy come back and train her how to do it. It happens. It's an accident. City is not bad. Nobody is out there trying to hurt anybody. The other problem is one planner testified that when he changed the 2012 application, he was told by the planning director, Mr. Richardson, at the time to do it. That doesn't make any sense because the testimony of Mr. Puma shows Mr. Richardson is the one that told him he needed to apply for a change in his permit in order -- so he had to buy a license. Why in 2012 did Mr. Richardson, who retired -- I think the testimony is -- in 2013, suddenly direct this planning staffer to change the hours and roll them back? There weren't any problems going on of this no discussion in the 2012 record of change in the hours. I suggest what happened is the person who testified to that is the person who cut and pasted 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the 2007 hours onto the 2012 permit. He's the one Maybe he missed it because it wasn't there, but he had come up with an explanation of how did this happen, and some of his testimony was you need to ask Mr. Richardson, but we don't know where he is. He retired and he's gone. Since March of 2021 The Bank has been complaining to the City about the 2008 document being lost and not being there. There's a lot of e-mails Why did this planner wait until the hearing before the administrative law judge to announce that he had been told by his boss to roll the hours back? I suggest because I don't think that's what happened, because otherwise he would come forward and say, Oh, yeah. Mr. Richardson told me back in 2012 to roll those hours back. And why would Mr. Richardson have done that? There were no complaints going on. City of Temecula didn't start enforcing the 2012 closure time at 10:00 o'clock until February or March of 2021. That's when the problems really started. Maybe a little before that they started in Old Town overall. The Bank should not be the one to bear the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 burden, the sole bearing of the burden for the problems Old Town is having. They didn't have even the majority of calls for service there. Regardless of how you look at the calls for service, whether they are founded or unfounded, whether they are related to The Bank or not, they had less than most of the other -- the only two other restaurants that were looked at that had them. How did they get those calls for service? Amanda Lane, manager over there, calls Captain Hall and says, I need the calls for service. They're saying that we got excessive calls for service. It was Captain Hall who got those numbers for her. That's in the -- that's in transcript. He's the one that came up with it. The owners of The Bank had a good working relationship with the city. The city people came to their restaurant. They had a good working relationship with the sheriff. Sergeant Hall calls them, Hey, can you close at midnight, because the city -- the city is honest about -- and -- you know, about these problems. And it wasn't just the City at that point asking The Bank, it was asking all the restaurants to close at midnight. The Bank was the only one that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did, according to the evidence. Now we turn around and say, you know, some guy walks into your restaurant -- didn't even really -- wasn't even inside, he was in the patio, and he has a concealed weapon, and some guy comes in that he has a long-standing feud with, and he takes advantage of that opportunity and shoots that guy and shoots an employee, an ex -employee of The Bank. That's something else, too. Mr. Watson testified the guy that was murdered was an employee of The Bank. He was an ex -employee of The Bank. He'd been let go from The Bank. He'd -- he just -- he'd just come back that day. He worked as a cook at another restaurant down the street, the deceased. When you see that much conflict in a transcript, and, you know, when the burden of evidence is either reasonable preponderance or clear and convincing -- which I believe it would have been before the ALJ and before you to revoke a CUP, clear and convincing -- it's not that clear and convincing when you've got that much dispute and that many credible witnesses. No one in those transcripts accused Ms. Lane of lying. The only really suspicious thing is all of a sudden this one gentleman, planner, comes forward 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and relates a conversation that is not in any record, is not in any e-mail, was never given as a reason why we rolled back your hours, but all of a sudden Richardson has been gone since 2013. It's now September 1, 2022. I'm testifying before the administrative law judge. Yeah. Mr. Richardson told me to do that. He told me to roll back those hours. I think he's asked, Do you know why? No. I don't know why. That's what he told me. I did it. Maybe that's true, maybe it isn't, but clear and convincing evidence, don't you need something more than that? Shouldn't an administrative law judge want something more than that? The problem for the administrative law judge and the problem for you is you've got all this stuff you just heard from the City attorney, all of these terrible things that are going on there, but when you start picking them apart and you look at them one at a time, no, they're -- they're not. The Bank doesn't have any more incidents there other than the murder -- that's a big thing. Don't get me wrong. You know, that horrible joke we heard in junior high, Other than that, how was the play, Ms. Lincoln? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I mean, a terrible joke, but nonetheless that could've happened on your property at a party you had with a guest of someone you invited brought, and that's what happened to The Bank, and The Bank should not have their livelihood cut off. They've put a lot of money into this community. The evidence is they paid all the -- all the -- all the back fines were paid. When the current owners, Amanda Lane, took over the running of the restaurant, they paid all of not pay all of the fines, they paid all of the back rent. They paid the fines at that time not as an admission something was wrong, but because they were trying to work with the City, and the evidence in the transcript says they didn't want to make the City angry. That's why they paid them. But when the City moved in the aggressive manner it did, would not meet with them, would not call them, then at that point they stopped paying the fines, and they owe those fines. If this thing gets resolved, then they're going to pay those fines just to show their goodwill, but there's a strong legal argument that they don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have to pay fines for being cited for going beyond the hours when that requirement was a mistake, just a simple mistake, and they shouldn't be having their revocation -- their CUP revocated for excessive noise when they stopped doing that, admitted by both Mr. Watson and the code enforcement officer, when they stopped doing that in July of 2021 and the recommendation to revoke the CUP didn't come out until March of 2022. And yet it's partially based on something that they came into compliance on, they corrected. Exactly what Mr. Watson and exactly what the code enforcement officer said, the purpose of the citation is to get compliance. They got compliance, and yet this is still hanging over their head. I'm not going to use all of my time. I hope you'll listen carefully to what the City attorney says in rebuttal, because she does have the burden. She has the burden because the City wants to take away the livelihood of certain people. They want to take away their Conditional Use Permit despite the fact between 2012 and 2021, they never cited them or did anything to them. Fire department inspections, I'm sure, once a year, nobody said, Hey, they're closing too late, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whatever. They have all this misinformation in there. Please remember the points that I made after Ms. Petrusis finishes her rebuttal. Our clients never admitted they did anything wrong. They don't believe they did anything wrong. They think the City made an honest mistake, and now they're -- they're paying for it. And the public can look at it and say, Well, City should do something. The City says, What are we going to do? We can't afford to double the number of police officers. That's another thing. After the murder, they not only hired more security, they doubled the number of security they have there. As Mr. Watson testified, there's nothing else they could have done to have prevented that murder. Nothing, other than close on time, and Mr. Watson was mistaken because they did close at 10:00, and under the 2012 CUP they're entitled as a patron to stay there another hour and consume alcohol, and the patrons did. The murder occurred at 10:40. 11:00 o'clock was the cutoff time for the consumption of alcohol there, if they were consuming alcohol. They probably were. I assume that were at that hour. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 You have been very kind to listen to me. I appreciate it. I apologize for talking so long and for a couple mistakes I've made. I've been tested for COVID. I don't have it. I do have a slight upper respiratory infection, so I've been wearing a mask to protect everybody else, and my thoughts were probably not as clear as they are every single day. I have 19 seconds left. Thank you. I will shut up, unless you have any questions. COMMISSIONER TURLEY-TREJO: Thank you, Mr. Penman. I'm going to have our Counsel clarify a couple things, so you can go ahead and have a seat, and then if we have any other questions for you we will have you come up. MR. PENMAN: Thank you, Commissioner. COMMISSIONER TURLEY-TREJO: Go ahead. MS. FOX: Thank you, Madam Chair. There were a couple points that were made for -- at issue here. One is the failure for there to be produced in transcript a copy of the executed acknowledgement of the conditions of approval for the 2008 and the 2012 modification to the CUP. There was a body of caselaw that says when you accept the benefits of the conditions, you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 also -- of the permit, you also accept the burdens. And, of course, there was some questioning by one of the Commissioners about, in fact, they did accept the minor modification. They did have some live entertainment there, and so there is an established caselaw that makes that clear that the failure to sign those is of no moment. As well, there was a question raised about the use by the -- in this instance, of the administrative law judge. You can see from 17.03.085 that that specifically provides that the city clerk shall refer the matter to the California Office of Administrative Hearings for the assignment of an administrative law judge to serve as an independent Hearing Officer. That is Section A(1)(b) of 17.03085. The administrative law judge said on the record she had no affiliation with the City of Temecula. There's been absolutely nothing put in the record that there's any motivation or any financial interest or anything other than an unbiased decision -maker from the administrative law judge. In fact, the issue is, again, from a published decision, Haas v. County of San Bernardino, that took issue with the manner in which the County 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of San Bernardino had retained its Hearing Officers, and in that particular case there was evidence of an improper motivation of getting more work from the city, none of which is apparent here, and quite the opposite. The City has gone very thoughtfully in its approach and its Municipal Code to make sure that it has an independent Hearing Officer. COMMISSIONER TURLEY-TREJO: Thank you so much for that clarification. I wanted to have that clarification before we asked any other questions of Mr. Penman. Do you have questions for him? COMMISSIONER SOLIS: I don't have anything. COMMISSIONER TURLEY-TREJO: Okay. Mr. Hagel? COMMISSIONER HAGEL: No. COMMISSIONER TURLEY-TREJO: Okay. Any other questions on this side? Okay. Thank -- COMMISSIONER WATTS: I have one. COMMISSIONER TURLEY-TREJO: Okay. Go ahead, Commissioner Watts. COMMISSIONER WATTS: Mr. Penman, you mentioned Mr. Richardson. COMMISSIONER TURLEY-TREJO: Let's have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Penman come on up again. Thank you. COMMISSIONER WATTS: You actually referenced Mr. Richardson quite a bit there -- MR. PENMAN: Yes, sir. COMMISSIONER WATTS: -- in that last part. Did you attempt to locate him? MR. PENMAN: Yes. We hired a private investigator. The private investigator was not able to -- to locate him. We found a video online of a presentation that he made to a group. We tried to follow up on that. We were not successful. We are now -- we are still trying to locate him. We're trying -- because we're -- we'll probably be going to court, and we're doing that through some other -- some other avenues. So yes. Yes, sir. We -- COMMISSIONER WATTS: Okay. You tried, but you were unsuccessful -- MR. PENMAN: We were not successful. Tried hard. Spent quite a bit of money trying -- before I was on the case, my client spent quite a bit of money hiring a private investigator. COMMISSIONER WATTS: Okay. Very good. Thank you. MR. PENMAN: Can I ask Ms. Fox just to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 clarify that the Hodge[sic] Case was the County of San Bernardino and not the City of San Bernardino? MS. FOX: Madam Chair, everything should go through you. COMMISSIONER TURLEY-TREJO: Yeah. MR. PENMAN: Oh. I apologize. Through the Chair, I -- and I know that. I'm sorry. I apologize. Through the Chair, I don't want any of the Planning Commissioners to believe that the Hodge Case, which I'm well -familiar with, was with the City of San Bernardino. It was with the County of San Bernardino, as Ms. Fox clearly said, and I was just asking her to reaffirm that, that it was County of San Bernardino that was doing something wrong and not the -- COMMISSIONER TURLEY-TREJO: Okay. I don't think it's really relevant to what we're discussing right now, but -- but thank you for your presentation, and I don't think we have any other questions. Okay. Thank you very much. MR. PENMAN: Thank you, all, again. COMMISSIONER TURLEY-TREJO: So I did want to ask my colleagues if you want to take a little five, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten-minute break? Okay. So we're going to take a five-minute break right now. Thank you. (A recess was taken.) COMMISSIONER TURLEY-TREJO: All right. I think we have everybody back that we need. All right. We will go ahead and call up the attorney for Zip Third Investments for your presentation. MR. EDWARDS: Thank you, Madam Chair. I hope it was okay I made a little modification here for my height and my eyesight. This is a cardboard box and it's not scratching -- COMMISSIONER TURLEY-TREJO: Hey. MR. EDWARDS: -- the table. COMMISSIONER TURLEY-TREJO: Hey. I like it. That's awesome. Tell us your name, please. MR. EDWARDS: My name is Rick Edwards and I represent Zip Third, LLC, and its manager, Mr. Solomon, is in attendance today. COMMISSIONER TURLEY-TREJO: Okay. Great. And will you be the only attorney speaking for -- MR. EDWARDS: I'll be the only attorney speaking. COMMISSIONER TURLEY-TREJO: Okay. Thank you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 so much. MR. EDWARDS: Thank you. COMMISSIONER TURLEY-TREJO: And you know you have 45 minutes? MR. EDWARDS: I couldn't miss it. COMMISSIONER TURLEY-TREJO: All right. Great. PRESENTATION SPEAKER MR. EDWARDS: Thank you. So believe it or not, without ever seeing any of you before, I thought of you, and I thought of you when I was watching the Super Bowl, and I'll tell you why. There was a call at the end of the game, a holding call. It was criticized a lot because it wasn't a major violation, but it was a violation, and as a result many people feel the game was changed. You may remember it was a holding call on a defensive halfback. Now, even the guy for Fox Sports who is supposedly their officiating expert said, Oh, I don't think he should have called it, but it was a violation of the rules. And what I'm -- why I thought of you is, we have a violation here by the City of its own rules in revoking the Conditional Use 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Permit as to my client. I do not represent The Bank, but as to my client, the property owner -- and we heard, by the way, the CUP holder -- we heard from the City's lawyer that the CUP holder is The Bank Restaurant. That's true in part, but the administrative law judge specifically said -- and I will show when we get to the slides -- there are two permit holders, one of which is Zip Third, my client. I don't criticize the procedure at all used regarding The Bank. It was very lenient. But as to my client, the procedure was improper, and I will go through that with you. Now, why do I mention the Super Bowl? Those referees take an oath that they will enforce the rules. I tried to get that oath from the NFL. I got into voicemail jail, to the public relations department, and maybe they figured I'm going to, you know, jump an official or something, so they never got back to me. But I do know they take an oath, and they take an oath to enforce the rules. And that referee enforced the rule, and the player said, I held the guy. It was a hold. I just hoped I could get away 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with it. So here what I'm going to ask you to do is enforce the City's rules, the City of Temecula's own code. That's what I want to talk about. And that code says -- and you've all taken an oath, I believe, to support the code. I tried to get the Planning Commission oath. I couldn't get it. I got the City Council oath, and the clerk tells me the same oath is given in the Planning Commission, so I hope -- I hope I'm correct on that. But anyway, you take an oath to support the Constitution, and we have a Federal and State Constitution. They both provide for due process. The City of Temecula wrote a code that specified the process for this type of a proceeding, a revocation. Mr. Watson testified the CUP is a valuable property right, and my client has it. And the City at Title 1, Section 1.21.050, basically makes it idiot -proof that anybody gets notice of a violation if they're a permit holder, and here's how they get it. We'll go through this word by word. By the way, even if it counts against my time, if anybody has a question when I'm talking -- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 personally don't like listening to speeches. I would rather be here than where you are. I'd be worn out by this point, frankly. But if anybody has a question, even if it counts against my time, if you don't want to hold it, just jump in. I welcome questions, because I'm not here to mislead you. I'm going to give you facts. I represent that. I'm going to give you citations. I represent that I will do that. I'm going to give you excerpts of the City Code. I'm not down here talking from anything but the bottom of my feet. So with that, let's -- let's proceed. COMMISSIONER TURLEY-TREJO: We'll go ahead and ask questions when you're done, though. MR. EDWARDS: Okay. Fair. COMMISSIONER TURLEY-TREJO: Just to be fair with my Commissioners. Thank you. MR. EDWARDS: Okay. I'm not trying to rewrite the rules. COMMISSIONER TURLEY-TREJO: No, no, no. Just wanted to be clear. MR. EDWARDS: Okay. Anyway, this 1.21.05, it provides first thing you want to try to do is serve the person personally. Hand it to them and get them 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to sign for it. If you can't do that, then you send them notice by certified mail. And if you send it by certified mail and you want to protect against it coming back unsigned, you also send it by regular mail. It's very, very business friendly to the property owner, as Mr. Watson testified the City is, very business friendly. So here we have, as you've heard, an investor, and it came out that Mr. Solomon and his entities own nine buildings in Temecula. They own the entire block where The Bank is. He invested down here after doing hundreds of projects for the last 40 years in part because it was business friendly. And he introduced himself to Mr. Watson. Nobody refuted this. And he became acquainted with the City's procedures. So he's up there in LA -- I left -- I left at 6:00 o'clock this morning because I wasn't sure how long it would take to get here. Only took two hours. But yesterday if I would have left at 4:00 o'clock, according to Siri, it would have taken me more than three hours. So it's not -- this is a great town. It's beautiful, but it's not a -- not a dinner destination 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if you live in San Monica, as I do. So you've got a property owner in LA, assuming the property owner, because of your code, is going to get notice. And I will show you, there's no evidence that he ever received anything personally delivered, and he never received anything by certified mail. The City doesn't contend that. They do not contend that. Basically, here's the temptation, and I completely understand this temptation. The temptation, just like in the Super Bowl, is to say to you, Well, look at what happened here. Let's just not apply the rules to this. Let's just go overlook the fact that there was no personal service, not once, let's overlook the fact there was no certified mail, not once. Let's overlook the fact that never, not once, not a single time in the whole 17 months did anyone say to Mr. Solomon you did something wrong. You, the property owner, did something wrong. You are a responsible person. We are citing you. You have to do something about this. Now, I will get later to the precise testimony, because there was an inaccurate statement by the City lawyer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The City lawyer said that in June or July of 2021 the -- Ms. Lane, who runs The Bank, contacted the property manager for the proper owner and said there are being a citations -- there are citations being issued. That's not what that testimony was, and I clarified it on cross-examination. And I will show you that she did say, Well, we're being hassled, but she's not -- doesn't remember when she told them The testimony of Mr. Solomon was that when regular mail -- now, not in compliance with the code -- regular mail started arriving at his office in March of 2022, the property manager contacted Ms. Lane and was assured that she was handling the citations from the City, that she was operating, as her lawyer said -- and this is -- I don't think anybody contests that. They operated for nine years, the same way they operated when they started getting these citations, except they added a musical person, but those hours had been going on for a long time without citation. I'm not defending The Bank. I'm not -- I'm not saying they shouldn't have appealed, or whatever. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I'm just saying there was never a complaint to Mr. Solomon. This is all in his testimony, and I will give you cites if you'd like. Never a complaint by any tenant that he has in Temecula. That's lot of tenants, including that entire block, about The Bank. No complaint from the police department, no citations to him, no certified mail. How is he supposed to know? He's not clairvoyant. But to get back to my point about the Super Bowl, please -- you have the responsibility. You took an oath to uphold the Constitution. The Constitution includes due process. Let me get to your oath, if I can make this thing work. Mr. Watson was very kind and showed me how it worked, but it's not working. Thank you, sir. Okay. So there is the -- there is the oath, and I'm sure you're familiar with it, but it's to support and defend the Constitution of the United States, well and faithfully discharge the duties, and underneath that I have a name of a case -- I don't know why this isn't working -- okay -- "Today's Fresh Start." That basically says that both the State and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Federal Constitution require due process before depriving property opener of a property interest. And I've got Mr. Watson's testimony that a -- quote, "a CUP conveys a vested right to the property owner," closed quote. Now, I would like to -- if you'll look at -- I just handed out packets to all of you. I'm sure you have it on your computer also. But look at one of the first things that happened at the administrative hearing. The administrative law judge says, "Am I hearing from you that there are two --" two "-- permit holders here, both the property owner and the restaurant operator?" And the City lawyer, Ms. Petrusis, said, "Yes." Then the court, the administrative law judge, says, "Okay. I have the parties' position on that very critical issue," and then she said that she agreed with the parties' position. Now, why is this important? It's important for the reason I alluded to earlier. The property owner has a property interest in the Conditional Use Permit. They are a holder of the permit. Why are they not given any citations? Why did that happen? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I will tell you my theory why it happened. I don't think -- Mr. Watson, by the way, is a terrific trial witness. I've been evaluating trial witnesses for 50 years. He is a darn good witness. He very well prepared. He testified -- and nobody will dispute this, and I will give you the cite later -- he testified there hadn't been a revocation proceeding in ten years. This is a business -friendly city. He testified -- and I have no reason to question the guy. I asked him to help me with this. I mean, I trust him. The bottom line is he testified that the City -- and this was read by The Bank's lawyer. The City wants to collaborate with property owners. He testified, and you will see this in the slides, that the first thing they do before they send out warning letters, even, they'd go and talk to the person, say, Here's the rules, we want you to comply with the rules. They give them a couple of weeks to comply with the rules. If the rules aren't complied with, what do they do? They don't hit them with administrative citations. They send them warning letters. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And he said, We want to work with them. We don't want a heavy hand. You heard that read. But I will show you when I examined Mr. Watson, he was very forthright. I give him a straight A. He said, No, we never talked to the property owner. We never did. The procedure, he said, the City procedure -- and this is in compliance with the spirit of the code. It's not a legal requirement. I can't stand here and tell you they have to do it, but this is what they say they do, exactly what I just said, collaborate, talk, urge compliance. Then they issued these administrative citations, which went on about five months. Ms. Petrusis absolutely accurately described that. Then they elevated to civil penalties, and that was all against The Bank, never the property owner. Now, as a technical matter -- I don't like technicalities. This why if I were the referee in the Super Bowl I probably wouldn't have called it. It didn't look big enough. I would be a bad referee, but I didn't take an oath, either. If I took the oath I would have to enforce the rule. The point is they could mail -- they could mail citations to the property owner, but that's not effective service. Now, you can say, Oh, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property owner must have known. We -- we say we sent 97 citations to him. He's the irony. The Bank, which got all of this collaboration, got meetings with City people. The Bank got everything perfectly per the code. They got in -person visits. They got certified mail to their agent for service of process, and Mr. Watson's team went one step further. They sent regular mail to The Bank. This all came out in Mr. Cole's testimony. So they got concierge treatment, but the property owner, who is going to be there after the tenant is gone, did not. What happened when the property owner learned what was going on? Now, this was COVID. Mr. Solomon testified that he's 76 years old. He was hiding. He was not going to his office. He did not want to catch COVID. Thank God we're kind of past it, but those were the days when a lot of people hid. So whenever these letters started coming to his office -- and Ms. Petrusis absolutely accurately stated that he acknowledged getting 16 of them -- they were in the office, but here's where she missed the point. They were not delivered to him. If I am in an office and I see something 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certified mail, I'm going to make sure the boss knows about it. Probably it has legal significance, financial significance, or it's some kind of a hoax. One and two are more likely. His office made a phone call to Ms. Lane. Now, you can say, Well, the property manager should have told him, and I don't disagree with you. The property manager should have told him, but the code does not require that. The code, as I said, makes it idiot proof. Even a negligent property manager is very likely to say, Hey, I got a certified letter here and it must be important. They're talking about violations. They sent it certified. You need to know about this. This was not brought to his attention. By the way, his testimony, which went on quite a while, was never impeached. Nobody said he was wrong about this fact or that fact. Totally a straight arrow and very credible, as was Mr. Watson, but the point is the code is on Mr. Solomon's side, and the code is what I'm asking you to enforce. So if you look at -- the next slide that I have is 1.21.050, and that is -- that is the kind of code section you want if you are a property owner. The requirements, first the enforcement official has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to attempt to locate you. Now, Mr. Solomon is not hard to locate. I'll tell you the irony. The City says they sent 97 violation letters to Mr. Solomon. They -- they had sent a revocation letter, and they said to his Wilshire Boulevard, Los Angeles address. The City sent a revocation letter, we're going to revoke the permit, to him May 19, 2022. You know where they sent that after they say they sent 97 letters to him, that he says he only got 16 of starting in March? They sent it to him at The Bank. At The Bank. Not to his address, which they said they have been using, but to The Bank Restaurant. Ms. Petrusis must have figured that out. They continued the hearing because it didn't have adequate notice to the property owner. And on July 1st at 5:00 o'clock, the 4th of July weekend, she called Mr. Solomon. He's not hard to reach. She called him and left a voicemail message. He got the message and called her back at 5:15. He then learned the City planned to revoke the permit. Somebody reached -- Ms. Petrusis did the absolute wise thing. I applaud her. She made up for 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what hadn't happened. She called him. The City could have called him at any time. You will see that Mr. Cole said, I wonder if the property owner knows about this, and then sent an August 20 letter to Mr. Solomon by regular mail, and that letter says this is to inform you, meaning we're telling you, that your tenant is violating. There's no assertion -- no assertion -- that Mr. Solomon or Zip Third is violating anything. Nobody attempted to hold him responsible or told him he was responsible or attempted to fine him, nothing Now, what happens after he learns? What happens after he learns July 1? He gets a bankruptcy lawyer because The Bank is in bankruptcy. I don't know if any of you have familiar -- have familiarity with bankruptcy, but if a bankruptcy has been going on for a few -- a couple years, like The Bank's bankruptcy was going, it's not that easy to get a judge to dismiss the bankruptcy case. I think that's a statement I can make to your common sense. He went in and got a bankruptcy lawyer down here who testified to this who went in and got the bankruptcy dismissed -- that's not child's play -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because of the violations, and that set the stage so he could bring an unlawful detainer action. That dismissal on an expedited basis, despite years of planning and so on in the Bankruptcy Court, was August 23rd. The dismissal order is in the record. Next step is to bring an unlawful detainer. That had not happened at the time of the -- of the hearing. It's not in the -- our hearing, which was August 31st and September 1st, referring to the revocation hearing, so I can't talk about what happened afterwards because I'm going to stick to the record. I would love to, but I won't. So anyway, I think -- I think I'm kind of pounding the drum maybe to the point of nauseating you, but the service was bad. It was not service at all. Now, the administrative law judge states, "It seems to be the question legally will come down to, can the City hold this permit holder responsible for violations of the CUP by their tenant?" Now, let's look at City Code 1.21.020(c). "'Responsible person' means any person whom an enforcement official determines is responsible for causing or maintaining a violation of the code. The term 'responsible person' includes, but is not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 limited to," and it lists all of the people who could be a responsible person, including a property owner. But the City never said, You, sir, are a responsible person. Your entity is a responsible person. We are citing you. Responsible person could have come into play if the City had said there's a public nuisance here. That's Title 8 of your code. That's the only section of your code that I can find that says a property owner has as its agent a tenant. In other words, if the tenant does something bad, you can attribute it to the property owner, public nuisance. That's not what happened here. They didn't proceed on that basis, and according to the rules, they have to -- they have to accomplish service in the way I've told you. Even if you think it's ticky-tack, that's the City of Temecula rules. That's due process. That's what you were sworn to uphold. Now, the -- the -- I argued to the administrative law judge you've got these -- you've got these violations by The Bank. I'm assuming -- you know, I'm assuming -- I completely understand the argument that who in their right mind would give up these late hours when you make all your money selling 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 booze, have somebody play music at dinner and lunch. It's hard to believe that the guy who went in and applied for the modification in 2012 understood that, but that's not my fight. I'm not here trying to defend The Bank. But the point of the story just is with the property owner also being a permit holder, I would -- if you look at Section 4 of the CUP, it says that the City can review and modify this Conditional Use Permit based on changed circumstances. Now here, I gather the changed circumstances. The business got loud. The business operated too late, and there were supposedly -- I didn't witness any of this, so I don't know, but there was testimony as to assaults and crimes in the area and so forth. So the City fought and offered testimony that it had grounds to revoke as to the tenant, The Bank, but they didn't offer grounds to revoke as to the property owner, who was never cited and who is not responsible according to the city code. The property owner's circumstances did not change. There was no basis to revoke as to the property owner. He didn't do anything wrong and he wasn't cited. It was the tenant whom the City complained of. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now I mentioned the bankruptcy order, and that is the bankruptcy order dismissing the bankruptcy. Now, I'm not going to belabor this, but Mr. Watson did talk about, as I alluded earlier, talking to the owners. And I asked Mr. Watson, after he talked about talking to the owners -- and by the way, I completely commend him on this procedure. He's business friendly, exactly as he says. As I said, he was a very good witness. I asked him this question and he answered me very candidly. "You testified that the code enforcement situation is the City tries to be business friendly and that the City does not want to use a heavy hand as to owners, but instead to work collaboratively. I think I quoted that pretty accurately. Based on that, did you ever attempt to contact Mr. Solomon or anyone at Zip Third by phone, for example?" Answer, "No." Then I asked him, "My question is you indicated that code enforcement reaches out to owners to act collaboratively. Did you reach out to this owner to act collaboratively, meaning a phone call or something that isn't an enforcement letter? That is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my definition for purposes of this question." His answer, "No, we didn't." And I want to be clear. "We didn't." I'm not suggesting for one second that Mr. Watson personally did anything wrong. He seems like a very efficient guy, very good public server. My own theory is, hadn't done a revocation before, weren't that familiar with the proceeding, they did the best they could and went absolutely by the book as to the tenant, obviously, but not as -- as to the property owner. And the property owner is not an unimportant person. The property owner comes down here, buys property, generates revenue for the city, rents property to people, and in the case of this property owner, nine properties in the City of Temecula, and met with Mr. Watson. To his credit, he didn't deny the meeting, he just said he didn't recall it. And I believe he didn't recall it. I'm sure a lot of people want to talk to him. But the administrative law judge noted in her decision that Mr. Watson acknowledged that he never reached out to the property owner. Now -- I've got the slide I want now. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Service on The Bank was proper. Service was not effected on the property owner." We've gone through this. But if you look at Mr. Cole's testimony, it's a primer on how you serve an administrative citation. He says, "I mailed those certified and regular mail. I mailed them to the agent for service of The Bank." And if you look at the last answer on the slide, he says, "I did not initially mail this civil penalties to Mr. Solomon. We discussed internally about, does the owner know? Let's let the owner know. So I sent the letter that we discussed on August 20th." And then he was asked -- he says that they mailed them regular mail to Mr. Solomon and Ms. Moore, but he mailed them certified and regular mail to The Bank's agent for service of process. So I'm not sure why they digressed from the procedure regarding the property owner. Some misunderstanding. Hard to believe it was deliberate, but that's what was done. And there's no debate about this. This isn't -- there's no spin. There's no evidence that it happened any differently than I'm telling you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And as we will see in a minute, the City has a really heavy burden here. It's clear and convincing evidence, and I will show you before I finish, California Supreme Court saying clear and convincing evidence is evidence that is highly probable and compels the unhesitating assent of every reasonable mind. I'm paraphrasing, but I'm within a word or two. It's not as severe as beyond a reasonable doubt, but it's way, way above preponderance of the evidence. When you look at this record, there's no clear and convincing evidence that you could revoke as to the property owner. There's no reason that you can't revoke, if you choose to, simply as to the restaurant owner. This business of revocation -- and this is why Mr. Watson said they didn't -- even in regarding The Bank, even after all that -- those months, he testified, quote, "This is not a decision we made lightly." And I believe him. He did not make that decision lightly. He gave -- he -- from the City's perspective, if I were the City, I would say we gave them every chance. What more can we do? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 If you believe that's a valid Conditional Use Permit, I completely agree with you. He did give them every single chance. Didn't make the decision lightly, and they shouldn't make the decision lightly because it's capital punishment. It's the most severe punishment you can provide, and there's no reason in the world that should be administered to the property owner here. I can understand the temptation to do it, because you can kind of think, well, there were letters sent there. Yeah, it's not exactly what the rule says, but if the property manager didn't tell them, whose fault is that? We're not going to require what the code says. But that would not be the right thing to do. That's not what you're sworn to do. I understand it might be what you want to do, but it's not what you were sworn to do. because failure to report to the landlord when all these violations were being alleged, and Ms. Lane testified that she did not know of that requirement. Now, we heard from Ms. Petrusis that in June or July of 2021, Ms. Lane told Mr. Pinkerton, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property manager, about the violations, but that's not the testimony. I'm not casting the first stone at Ms. Petrusis. She's -- she's been honorable. So I cross-examined Ms. Lane, and this is transcript, day two, 169, lines 11 through 19. "Okay. I understand now you had a conversation with David Pinkerton. And was this conversation referring to the conversation where he called you about the parking lot?" Let me start there. It wasn't a situation where she contacted him. He called her about the parking lot. The testimony was there were problems in the parking lot. Mr. Solomon caused all those cameras that Mr. Penman told you about to be put in the parking lot. Also testified there was a loud speaker system. All kinds of crazy stuff was happening in that parking lot. You'd think it was a wild fraternity party. But it had a monitor, a dispatch system, to send somebody out there if necessary. And here are these people getting drunk, or whatever, in the parking lot, and somebody is watching them and yells over a live loudspeaker, Get out of here, and it worked effectively. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So that was the parking lot they're talking about. So she -- so I asked her, "Am I clear with you what I'm talking about now, the parking lot conversation?" The answer was, "Yes." "Which is then approximately late June, early July of 2021; am I correct?" Answer, "Correct." So then page 170, this is day two, lines 19 though 22 -- 23. "I recognize your testimony. You said that call you had with him was a long time ago and you said you were being hassled by the City attorney." The court -- "Am I correct you told him that?" Answer, "Yes." And then, "Do you know, Ms. Lane, whether it was this conversation or some other conversation where you said to him, 'I've gotten some citations or official communication from the City'. She said, "I know we had it in that conversation. I don't know if we had it in a previous conversation as well." So then I asked her, "Okay. As best you can tell me, you said before it wasn't detailed. What is your best recollection of what you said? And let me 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tell you what I'm trying to get at. You just mentioned I'm getting hassled, or did you say I have gotten a citation? And if you don't know, say you don't know, but be as precise as you can." Here the testimony. "I actually -- I would actually be guessing if I said. I know -- I know I told him we were being hassled. I couldn't honestly say if I said exactly if there were citations, not citations, what it was about. Like I said, it was -- it was -- like I said, it was mostly --" and then that was the end of that topic. But she didn't know what she told them. She knows she talked to them about the parking lot in June or July of 2021. She doesn't know that -- if she talked to him about the citations. Again, he contacted her about the parking lot, not about citations. So there was a little -- I understand the confusion there, but the version you were given by the City attorney was different than what Ms. Lane actually testified to. And there was one other statement by the City attorney that Mr. Solomon knew about these citations in March of 2022, because that's when some of them showed up at his office. As I said, they weren't sent certified mail. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 His testimony, which was never impeached, was that he did not get those citations. They weren't delivered to him. He was told -- he learned about them after Ms. Petrusis told him we're going to try to -- we're trying to revoke your permit on July 1st. Then he said, to quote Vince Lombardi, What the hell is going on here? Contacted his people, Did you get any notices, whatever? And that's when he saw the 16 from March. Now, I mentioned the requirement of clear and convincing evidence. I wanted to show you that. We talked about due process is no less than the City Code. The clear and convincing evidence standard, the Supreme Court precisely says, "so clear as to leave no substantial doubt; sufficiently strong to command -- to command -- the unhesitating assent of every reasonable mind." Now, there's a Justice called Walter Croskey who once said -- not a Supreme Court Justice, an Appellate Court Justice -- who once said, That's too strong. That almost sounds like even a tougher standard than beyond a reasonable doubt. And he wanted the Supreme Court to say, Oh, it's really not as strong as we said before. They wouldn't. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's the standard here. That's what you are charged with reviewing, is the evidence sufficient to revoke -- is it clear and convincing to revoke the permit as to this permit holder? That's the permit holder I represent and that's the permit holder that's entitled to due process. Now, I want to -- I'm going to repeat something. I don't like to repeat myself, but this is one that I think is worth repeating. If the City, in August of 2021 when Mr. Cole sent his letter to Mr. Solomon saying I want to inform you that there are violations, if the City corrected its records of that, as the City attorney said -- she's going by what the City has told her -- if they corrected their records then and began sending all these notices at that point to the Wilshire address, why -- why in the world when it came to a really important piece of mail, the revocation letter of May 19, why was that sent to Zip Third at The Bank's address if they had been using the correct address all this time? Now, I understand anything is possible. Mistakes happen. I'm simply suggesting it's not clear and convincing that all these notices went to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Zip Third. But the overarching point I want to make -- and this is a terribly important point because it's right in your code -- even if they all went there, even if not only did they go there, if Mr. Solomon was at the Los Angeles Coliseum at a football game, and in front of a hundred thousand people the City said, Mr. Solomon, we've been sending addresses -- we've been sending letters to your Wilshire address regular mail, that still wouldn't comply with the City Code, and that's because somebody at the City, when they wrote this code, decided we are going to really respect the rights of a permit holder. And that's what I'm asking you to do. I'm asking you, when you review this administrative law judge's decision, to respect the City of Temecula Code. That's what due process requires. As I say, I -- I would love questions. Any question you want to ask, boy, would I love to have them. Because otherwise, you know, from the advocate point of view, you really want to know what the people who are going to make the decision are thinking. And if I miss something or if I misspoke or you think I misspoke, please hit me over the head. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TURLEY-TREJO: Are you through with your presentation, then? MR. EDWARDS: Well, I've got four minutes left, but I -- I felt -- COMMISSIONER TURLEY-TREJO: Go ahead and finish up your presentation. MR. EDWARDS -- I -- I felt that -- okay. I'll tell you what. I will finish my presentation. COMMISSIONER TURLEY-TREJO: Okay. Thank you. MR. EDWARDS: I was going to sacrifice some of my time, but I will finish it. The only other point I would make is if Mr. Solomon had gotten these notices, he would have to be a fool to ignore them. Nobody wants to receive a bunch of notices like this and ignore them. Mr. Solomon testified he's been involved in hundreds of properties for 40 years. He's got nine properties in Temecula. Do you know happens if somebody gets a lot of notices and ignores them? Do you know what happens if somebody -- something happens in that restaurant that somebody says he should have known was an existing hazard? He gets sued. It's a risk. If you're on notice of something, this is civil liability, not the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Somebody can sue you and say you indulged ou have some responsibility. We're not governed by the Temecula code. You got a bunch of letters. You should have done something about it. He would have to be a complete idiot to ignore notices he received by regular mail, or any other way. Again, that doesn't have anything to do with due process, but it does have to do with the need to follow the City Code, and it does, I think, impeach the idea that he knew about this before Ms. Petrusis told him on July 1st telephonically, which the City could have done at any time. He owns nine properties. He wants to be a friend of the City. If they call him, do you think he's going to reject the call? He -- he came down here and introduced himself to Mr. Watson, and he testified he's never had problems like this in any other city, not with his hundreds of -- more than his hundred other projects. With that I will just remind you I very much respect that you took an oath. I hope you will respect due process here. I understand all of the arguments that due process was given to The Bank. Nothing remotely resembling the due process 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that the City of Temecula promulgated was to adhered to here. It simply wasn't. Not because of bad motive, not because of incompetence. My theory, inexperience. I commend the City for being -- and I commend Mr. Watson for saying we don't make these decisions lightly. You obviously don't. Ten years without revocations, that's a very honorable record. Please continue that honorable record by not revoking as to Zip Third. I've concluded. COMMISSIONER TURLEY-TREJO: Thank you, sir, for your presentation. At this time is there -- are there any clarifications? Ms. Fox, do you have any clarifications at this time with this presentation that you can give our Commissioners, or should we go ahead with questions? MS. FOX: I think we should go ahead with questions, Madam Chair. COMMISSIONER TURLEY-TREJO: Okay. All right. So are there any questions? We'll start on this end. COMMISSIONER RUIZ: Thank you, Madam Chair. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you, Mr. Edwards. Just one clarifying question here because there's been so many different dates and -- MR EDWARDS: Sure. Absolutely. COMMISSIONER RUIZ: -- you know, thrown out here. So what is the date that you say that Mr. Solomon was first notified of the citations that the City was issuing? MR. EDWARDS: First notified Julv 1 by Ms. Petrusis. COMMISSIONER RUIZ: July 1? MR. EDWARDS: That's 2022. COMMISSIONER RUIZ: So nothing -- nothing prior to '22? MR. EDWARDS: May I expand on my answer? COMMISSIONER RUIZ: Please. MR. EDWARDS: Okay. When he was notified on July 1 -- and thank you very much for your question. I really appreciate your engaging this. When he was notified on July 1, his testimony was he contacted his office and said have we gotten any notice of any citations? Give me every piece of paper. And they assembled eight envelopes containing sixteen violations. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Now, after this, to Ms. Petrusis' total credit, she made sure that he got notice of every violation as this proceeding was going on, and he testified that he had several conversations with Ms. Lane, which she does not deny, saying, Comply with the code. And she said, I'm advised by my lawyers that if I comply with the CUP -- excuse me. I misspoke. I said the code and I meant the CUP. If I comply with the CUP as the City contends it's written, I will admitting that I have a weak case. So unable to negotiate that with her, he then hired a bankruptcy lawyer and got the order you saw on August 23, and that was necessary because he could not initiate an unlawful detainer, as you probably all know, as an automatic stay. You have to get permission from the court before you sue somebody who's in bankruptcy. The state prevents all -- if you're suing them, your litigation stops. If you're not suing then, you've got to go in and get permission from the court. So he went in, asked for relief from the stay, but also asked that the bankruptcy be dismissed. The court dismissed the bankruptcy and at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that point he was free to bring an unlawful detainer as of August 23. But the point I'm trying to make, and forgive me if I'm exceeding your question, but I think you're getting at what action did he take and when did he know and what did he know, and all that. He -- the action was very prompt after learned. COMMISSIONER RUIZ: Okay. So but July 1st is when he received and then -- then discovered there was multiple stuff that was sent to his office prior to that day? MR. EDWARDS: As starting in March, they had received some envelopes, total of eight that had sixteen violations, but by regular mail. COMMISSIONER RUIZ: Thank you. MR. EDWARDS: Nothing certified. Thank you, sir, for your question. I appreciate it. COMMISSIONER WATTS: And following up on that, nothing was communicated to your client from the office that received those 16 violations? MR. EDWARDS: Nothing was communicated until he initiated it, and if -- if -- looking at you right -- he initiated to the office on July 1, What's going on, and what happened was -- and again, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commissioner Watts, if you want to say the property manager should be punished, I would agree with you, but the City didn't comply with the code. It wasn't sent certified. He -- the testimony was unimpeached. He received after July 1 these 16 envelopes -- excuse me -- 8 envelopes, 16 violations, that had been sent all by regular mail, and the testimony was that the property manager contacted Ms. Lane who said, I'm working this out with the City. We've operated the same way for nine years, and that's true. There's -- nobody denies that. What happened, that 2012 modification was never enforced for nine years, and then they -- then, which the City, according to how it's written, has every right to do, the City, as Mr. Watson testified, reached out to the property owner and said you're open too late. I think the loudness came up later. But Mr. Solomon was involved in none of that. But to answer your question directly, yes, the office did -- property manager did not tell him about those letters, and I'll go further and say they should have. But I will go further still and say if it had been certified mail, it's hard to believe they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 wouldn't have. COMMISSIONER WATTS: Okay. So the property manager did not -- MR. EDWARDS: Did not talk to him. COMMISSIONER WATTS: At all? MR. EDWARDS: Did not at all. COMMISSIONER WATTS: Even though he had the copies of the letters? MR. EDWARDS: Did not. That's true. COMMISSIONER WATTS: Okay. That's all the questions. Thanks. COMMISSIONER TURLEY-TREJO: Any questions down here? COMMISSIONER SOLIS: I think I had the same question. MR. EDWARDS: Sure. COMMISSIONER TURLEY-TREJO: Okay. COMMISSIONER SOLIS: Which was answered. Thank you. COMMISSIONER HAGEL: Okay. Something that you didn't mention, and I just want to clarify, the CUP that you believe that is in place for your client is a Type 47 license, background music allowed, and the hours, I think, were 11:00 to 10:00 and 11:00 to 11:00, you know -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: I understand exactly what you're -- I don't know the number, if it's 47, or what, but what I do know is this. I don't -- just as a human being walking down the street, talking to you not as a lawyer now, it's hard to believe that anybody, as I think I said earlier, would surrender those money hours where you make -- people drinking in bars late at night for the music, but that's what that CUP says. And to expand on the question that was asked earlier, Mr. Puma testified that -- and I think Mr. Penman -- Mr. Puma testified, I went in there, I told them what I wanted, I'd been on the business -- Old Town Business Association, which Mr. Solomon was a founder of when they renewed that association later. Nobody told me that they were cutting the hours. I didn't know, and I didn't read it. I put in a drawer. Mr. Penman was -- his last description of that accurately reflects the testimony. But Mr. Solomon bought the property, I think, in 2016, his entity did. '15 or '16. Sorry if I don't have the exact year. And that CUP was in place, and The Bank was in that restaurant at the time and they were operating the same way they had 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for nine years -- not nine years -- three or four years at that point, you know, until the late hours, and they continued doing that until -- and only stopped doing it after the administrative law judge hearing. Did I answer your question? COMMISSIONER HAGEL: Yeah. I just want to know what your client's understanding of whether that CUP was in place or not. That's -- that's all. MR. EDWARDS: That was the most recent CUP. COMMISSIONER HAGEL: Okay. MR. EDWARDS: So we -- unless somebody says that we're going to overturn it because -- COMMISSIONER HAGEL: Right. MR. EDWARDS: -- it was a word processing error. The answer to your question, sir, is yes. COMMISSIONER HAGEL: Okay. MR. EDWARDS: Thank you. COMMISSIONER HAGEL: That's it. COMMISSIONER TURLEY-TREJO: Okay. Commissioner Watts? COMMISSIONER WATTS: Yeah. Going back. So the first time your client heard about the violations was from the City calling? MR. EDWARDS: From -- to her total credit, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from Ms. Petrusis calling, not -- you know, the City lawyer who has had to continue -- I -- I will just make an assumption here. I'm going to make an assumption that when she looked at the record, she saw that they had sent the notice of revocation to Mr. Solomon, Zip Third, at The Bank Restaurant, and she wanted to make sure he knew there was a revocation proceeding. But whatever the motive for the call was, she told him -- this was unrefuted testimony -- on July 1, We are trying to revoke your permit, and he said, What? And, you know, she spoke to him again on July 5th. So this is Friday -- again, I want to emphasize, he's not hard to reach. She calls him Friday. This is the 4th of July long weekend. July 1st is the Friday. He calls her back within 15 minutes, and to her credit, she called him back 10 minutes after that. So it wasn't hard to tell him what was going on. Anybody at the City at any time could have called him. COMMISSIONER WATTS: Okay. And the letters that were sent to the Wilshire address were all prior to July 1; is that correct? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: Yes, they were. COMMISSIONER WATTS: Is the same property manager still employed by your client? MR. EDWARDS: That's not -- that's not in the record. I'll answer if you want me to, but I don't want to -- I don't think I'm supposed to exceed the record, and I always try to play by the rules. I think I'm not supposed to -- COMMISSIONER WATTS: That's fine. MR. EDWARDS: I'll tell you anything you want. COMMISSIONER WATTS: No. You don't need to answer that -- MR. EDWARDS: Let me just say -- let me just say there was obvious disappointment; okay? COMMISSIONER WATTS: Okay. Thank you. MR. EDWARDS: I can say that because that came out in the hearing. COMMISSIONER TURLEY-TREJO: Okay. Any other questions of Commissioners? Are we good? Okay. All right. Thank you so much -- MR. EDWARDS: Thank you very much. COMMISSIONER TURLEY-TREJO: -- for your presentation. We appreciate your time. Thank you. Okay. So at this time we will ask 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Petrusis to come up for her rebuttal, and Denise, can you clarify the time left? MS. JACOBO: Twenty minutes, fifty-eight seconds. COMMISSIONER TURLEY-TREJO: Okay. All right. Thank you. REBUTTAL SPEAKER MS. PETRUSIS: Thank you, Madam Chairperson. Not quite as tall as Mr. Edwards, but I appreciate -- I might steal that idea from him. So I wanted to begin first in response to this allegation that I got Ms. Lane's testimony incorrectly. On page 1518 of your packet there's a page of transcript. My question to her, "In 2021 did you ever speak to anyone at Zip Third Investments or Metro Resources about the civil penalties or citations?" Answer, "Yes." Question, "And do you remember who you spoke to?" Answer, "David Pinkerton." My question to her, "What is Metro Resources?" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Answer, "They're the management company for the property owner." Question, "And by 'property owner,' are you referring to Zip Third Investments?" Answer, "Yes." Apparently Ms. Lane changed her testimony. Moving on. So Mr. Edwards referenced the definition of responsible party and Code Section 1.21.020(c). "Any person whom an enforcement official determines is responsible for causing or maintaining a violation." It's City staff's position that it was The Bank that caused and maintained the violation. Code Section 1.21.050(b) references the business owner. It's the business owner that receives notice of the violation and the specific requirements of how to serve that notice or that -- that citation, in this case. It does not require -- the code does not require separate notice to be given to the underlying property owner, and Mr. Edwards cannot point to a code section that requires that. The Bank was properly served with citations and civil penalties; however, it went one step further and it put Zip Third on notice that its 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 tenant was violating the CUP. It is disingenuous for Zip Third to claim it wasn't properly notified. It's simply unbelievable that someone receives a piece of mail at their official address from the City of Temecula addressed to their business referencing a property owned by that business notifying that their tenant is in violation of the Municipal Code and that they would then disregard that notice and claim, Well, it's not proper service. We don't -- we don't have to do anything. As the ALJ found, Zip Third was on notice of the violations since at least August 2021. Mr. Solomon testified that he did not visit his office often during the pandemic, but his decision not to visit his office or make arrangements, apparently, to have mail forwarded is not the City's responsibility. There's been, I think, this argument or suggestion about the CUP shouldn't be revoked as to the underlying property owner. There's only one CUP. The code does not provide for an opportunity where a CUP is revoked as to a business but not to a property owner. I don't know what that would look like. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The City -- the City issues a CUP that allows that business to operate in a certain way, and I don't know how it could be administered effectively if the CUP had flip-flops between, okay, now it's in effect but now it's not in effect. The Municipal Code also does not require staff to specifically work with the property owner or with the violating party before initiating a revocation process. There's been some references to, Oh, well this was the established procedures, but really Mr. Watson's testimony referenced a philosophy. There are not separate requirements in the code that staff work with, collaborate with an individual or with a business owner or property owner before issuing citations or before initiating revocation. Turning to some of the arguments that were made by Mr. Penman, he mentions, A staff person inadvertently made an error on the hours contained in the 2012 Conditions of Approval, and then he accused Mr. Fisk of perjury. The Bank is trying to manufacture some form of uncertainty when it comes to what the operating hours are in the approved CUP. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Puma testified that he received the 2012 Conditions of Approval, but didn't look at them. Ms. Lane testified that she threw it away when she was doing a clean -out of the restaurant. Not to belabor this point unnecessarily, but there's no requirement in the code that an individual receiving a CUP must sign the Conditions of Approval as being accepted. The Bank spent a considerable amount of time taking issue with the evidence of criminal activity associated with The Bank, whether or not those two shooting events were properly attributed to The Bank. Sergeant Hephner's testimony was based on his personal observations of the many, many instances of public intoxication, of DUI arrests, of individuals saying that they had come from The Bank, of his opinion that there were over -serving issues at the restaurant. Mr. Cole also testified based on his personal observations of drunk and disorderly instances of picking fights with police officers. The ALJ found their testimony to be credible and persuasive. It's our position that the Planning Commission can also find their testimony to be credible and persuasive. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Notably, The Bank does not dispute that the noise violations occurred or that they violated the live entertainment provisions of their CUP or that they operated and sold alcohol in excess of the permitted hours. None of those violations are in dispute. They're focusing only on the amount of criminal activity associated with The Bank. Any reason about why the hours were changed back to 2007's hours is protected by deliberative process privilege, but what they do have is Mr. Fisk's unequivocal testimony that there was an intentional decision made to roll those hours back. There's been a suggestion that, Well, they only wanted to add live entertainment, but it's a condition of approval. Their request to modify the CUP was modified -- or it was granted, and that condition of approval was that their operating hours were changed. Mr. Penman also mentioned about revoking the CUP is going to take away individuals' livelihood. There's no evidence of that in the record, but I want to point out that The Bank -- if the CUP is revoked, The Bank is not losing its ability to operate, it's losing its ability to sell distilled spirits and to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have live entertainment. And I don't think I have anything further, but, of course, if the Commission has any questions for me, I would be happy to answer. COMMISSIONER TURLEY-TREJO: Thank you, Ms. Petrusis. Are there any questions? Yes, Commissioner Ruiz? COMMISSIONER RUIZ: Thank you. I just want to clarify a couple things. So you mentioned first the City Code is only required to notify the business owner for citations; is that correct, and not the property owner? MS. PETRUSIS: The business owner is who they determine to be responsible for the violations, and so the business owner, i.e. The Bank, was cited. COMMISSIONER RUIZ: Okay. And then even though we've got two separate businesses here being represented, just to clarify, that's one CUP; correct? These are not two separate items, it is one CUP that runs with the land that we all understand; correct? MS. PETRUSIS: Yes, Commissioner. And I've heard some refer to the 2012 CUP. There's just one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CUP that's been modified twice. When we're talking about 2012, we're talking about the Conditions of Approval that are associated with that one CUP, and they have changed. COMMISSIONER RUIZ: Thank you very much. COMMISSIONER TURLEY-TREJO: Commissioner Watts? COMMISSIONER WATTS: If a CUP is revoked, and recognizing the City has not done that previously, would the property owner have redress as far as reapproaching the City for a new CUP? MS. PETRUSIS: I don't know what the limits would be on a property owner applying for a CUP. I think that would be handled in the normal course. COMMISSIONER WATTS: Thank you. COMMISSIONER TURLEY-TREJO: Commissioner Solis? COMMISSIONER SOLIS: No, thank you. COMMISSIONER TURLEY-TREJO: Nothing? Okay. All right. I don't think I have any questions. I appreciate your comments. Any other questions before we close this part of the hearing? MR. EDWARDS: I have a question, but I don't think you'll let me ask it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TURLEY-TREJO: Yeah. I don't think so. Sorry. MS. PETRUSIS: My pleasure. COMMISSIONER TURLEY-TREJO: All right. Thank you. Okay. Are we good? Does anybody need a break? Are we good? Okay. Gary, are we good? Okay. All right. So at this time we are going to ask for public comments. And Denise, do we have any public comments? MS. JACOBO: Yes, we do. We've received one letter for correspondence and we've received two request -to -speak slips here. COMMISSIONER TURLEY-TREJO: Okay. So then I will go ahead and read this paragraph on public comment for those that are speaking here today. A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to three minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission secretary or by submitting an e-mail to be read aloud into the record at the meeting. E-mail comments must be submitted to planningcommission@temeculaca.gov. Speaker cards for in -person comments will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 called in the order received by the Commission secretary, and then if time permits, e-mail comments will be read. E-mail 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. Our first public speaker, please? PUBLIC SPEAKER MS. JACOBO: I will read into the record the letter of written correspondence that was received or e-mailed to our city clerk's office on Tuesday, February 14, at 9:58 a.m. from Alan Ronska. "Erica, two shootings, one death, and three people shot, forty-six violations, loud, vulgar music until 1:30 a.m. A nuisance to all the surrounding businesses. After all I have listed, I am amazed in why the City of Temecula is even remotely considering extending the CUP, question marks. Outrageous to waste the taxpayer, dollars symbols, and an insult to all of us at Old Town Temecula small business owners. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Please reconsider extending the CUP. This place brings a bad element to Old Town Temecula that we can all do without. Once they extend the CUP, they will revert back to previous behavior. FYI, the outdoor music is so loud, our patrons have to speak louder in order to converse, exclamation points. Unacceptable, exclamation points. Alan Ronska Properties." COMMISSIONER TURLEY-TREJO: Okay. Thank you. And public comment? MS. JACOBO: Yes. Our first speaker is Steven Slaughter. COMMISSIONER TURLEY-TREJO: Okay. Steven? PUBLIC SPEAKER MR. SLAUGHTER: Hello. Thanks for hearing me. My name is Steven Slaughter and I'm a resident of Temecula. I have worked at The Bank Mexican Restaurant and Bar off and on since 1983. I've worked for all three owners at the time. I do have a full-time job. I'm a liquor buyer for a grocery company, so I'm very familiar 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with the on -sale protocols in the liquor industry. I do work at The Bank one day a week. It was around 2008, like they said, that The Bank was permitted to stay open later in the evening two nights a week until approximately 1:30 a.m. The new owners, Amanda and Ryan, have continued to keep the restaurant open. They do take the responsibility of liquor license holders very seriously. The tragic -- the tragic incident that happened at The Bank made us all victims, but then it -- it also only strengthened our rigorous safety protocols. I've been to many other bars and restaurants and nightclubs in Old Town, Temecula that do not have as rigorous as security procedures like we do at The Bank. In fact, at this point I do feel very safe and confident working at The Bank because the owners have provided experienced security personnel. The one thing I just want to leave you with here today is that the owners and management at The Bank are responsible individuals, and they do take their -- again, they take their liquor license holding very responsibly. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 They're -- it's an honest -to -goodness just mom-and-pop operation, and they're just trying to make an honest living and to put food on the table for their children. I think they should be willing to continue to do so and operate in the way they have. Steven. Thank you very much for your time. COMMISSIONER TURLEY-TREJO: Thank you, Next public comment. MS. JACOBO: Cesar Rodriguez. COMMISSIONER TURLEY-TREJO: Hello. PUBLIC SPEAKER MR. RODRIGUEZ: Honorable Chairmen and Commissioners alike, thank you guys very much for allowing me to speak. I'm a bartender at The Bank. Started there as a busser, and has been a place that has showed me the industry as -- of serving, as well as giving my utmost honesty and love to this community that I -- have now become a part of myself, thanks to my emotional ties to The Bank. Amanda and Ryan are formidable and completely amazing managers. They've been there and kind of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 changed the place since the dynamic that had made it a fun and -- a fun and great place to be able to come and enjoy a good time. During COVID they -- they established a great entertainment that allowed everybody from all of Southern California to come and truly experience and enjoy what Temecula has to offer. If it ended at The Bank, it started at our beautiful wineries, and it only -- only gets better from there. I'm just happy and fortunate to be able to be here, and as somebody who's -- who experiences the night life here in Temecula, The Bank is probably one of the least places that I feel that I don't feel safe at. Every other place that I've ever been to brings in thugs from other places or up north, down south, and -- and have less -- less security guards there, as my -- my correspondent, Mr. Steve, said, that don't ever -- in other ways, seem very unprofessional. And I've seen other instances of -- of, you know, very, very untrained people trying to take care of discourses in other places as well, too. I'm -- like I said, I'm fortunate for the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employment that I've -- that I've gotten from them, and all -- all the safety protocols they've tooken[sic] to be able to ensure that nothing of the manner that happened at The Bank ever happens again or will ever happen again. Like I said, I feel very safe there, and I'm happy that you guys let me speak on behalf of The Bank. COMMISSIONER TURLEY-TREJO: Thank you, Cesar. MR. RODRIGUEZ: Thank you very much. COMMISSIONER TURLEY-TREJO: Okay. Are there any other public comments? MS JACOBO: There are no further requests to speak. COMMISSIONER TURLEY-TREJO: Okay. And just to give anyone a chance in the audience that has a public comment, if you would like to come up at this time -- and just to clarify, they would only have three minutes. I think the timer said five. We have another -- okay. Come on up. And if you'll just fill out a speaker card after you're done and make sure that the secretary has that, that would be great. MR. PARENT: I will. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name? COMMISSIONER TURLEY-TREJO: And what is your MR. PARENT: I'm -- I'm Rod Parent. COMMISSIONER TURLEY-TREJO: Okay. PUBLIC SPEAKER MR. PARENT. I'm Ryan's father. I've lived here for 25 years with my lovely wife and raised a family here. These -- the death of this young man at the restaurant was devastating to us, to this family, as well as to the family of the deceased young man. They are working really hard. They're running a small business. They're doing the best that they can. They've made mistakes, but the operation, the permitting, is -- it's so questionable. Why would -- why would hours be cut by 20 hours a week, the most profitable hours, in 2012, and the City would allow the restaurant to operate all the way through nine, ten years, and then suddenly pop up and cut these kids off from running the restaurant the way the restaurant had been run for all those years? The police reports, the police calls to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 service are no higher at The Bank than they are at any other restaurant in town, like restaurant in town, bar. I don't know how the tug-of-war happened between the City and these people, but it's escalated beyond what is reasonable. I'm a small business owner, have been my whole life, and I can't imagine fighting something as enormous and powerful as the City just to stay in business when -- when there's literally what appears to be made up information that the City is trying to prove a point. The kids are trying to fight to keep -- to -- it seems almost ridiculous to pile on to these people -- COMMISSIONER TURLEY-TREJO: You have 30 seconds. MR. PARENT: It feels like an attack on my family, so I hope that you understand these are human beings. When you take away their right to a living, it's breathtaking to me. So thank you. COMMISSIONER TURLEY-TREJO: Thank you, Ron. Anyone else? Okay. Come on up. Again, make sure that you fill out a slip, a pink slip, and turn that in to our secretary, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commission secretary. PUBLIC SPEAKER MR TIBBS: Understood. Thank you. So I'm Sergeant Deshai Tibbs from the US -- the United States Military. COMMISSIONER TURLEY-TREJO: What? Tell me your name. MR TIBBS: Deshai Tibbs. COMMISSIONER TURLEY-TREJO: Deshai Tibbs. Okay. MR TIBBS: So I've been coming to The Bank for the past three years since I've been back. It's been a while, but The Bank is the only place that I will allow my team to come to because of the least amount of trouble or turmoil that goes on at The Bank. Yes. I -- I mean, I wasn't around. I was deployed for the -- for the -- I guess the murder that took place, and I wasn't there for that. It's a sad situation, but we can't take away from what's been going in Old Town. It's not just happening at The Bank, as you guys -- I mean, sitting here listening. There's been other shootings and other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 altercations that take place. I mean, just say, we all can't be at -- we can't be in the place at the same time -- we can't be there for everything, I should say, so to speak, and a situation took place. There was no police officers in that area at the time, as -- you know, can't say they could be. They were doing other jobs or trying to protect everything else that's going on. But we can't control the other people or civilian around the area. We can't control those -- that or how to do things that are uncontrollable, are unknown, because we don't know what's going on with other people's minds in situations. The Bank has given multiple people a place to go that they feel safe, that it was fun. It was a growing situation. I've seen it from when I started going there and there wasn't many people going, to it growing to be something where there was an abundance of people going. So it's a beautiful thing to see that -- the unity that The Bank brought, and to see the City is attempting to take that away seems to be -- I mean, words that were used -- childish, reasons unknown. I'm not here to bash the City. I've been 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 living here for a long time and I love the City, so I can't say too much about it. But I -- it does hurt to see that I don't really have many places to tell my soldiers that's coming from Camp Pendleton, that's coming from Fort Irwin, you know, Hey, this is a good place that you can send your soldiers, that there won't be no turmoil, there won't no issues, there won't be no problems, and now to see that, hey, that place is about to be taken away from incidents that I can't even speak on. So all I could say is that this is a great place and I can bring soldiers to this location, and if you guys take that away, we don't really have much of where else to go in this area. So that's all from me. COMMISSIONER TURLEY-TREJO: Thank you. Appreciate you coming up. Okay. All right. Oh. Okay. Come on up. PUBLIC SPEAKER MR. CUIPO: My name is Chris. I'm a DJ and I'm the general manager of The Bank. I've been living here since I was 12. I'm 42. One of the pioneers of creating this night life in this area, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and especially in Old Town. To talk about my citations, as soon as Mr. Cole talked to me about how high the decibels were, I stopped it right away. It didn't take a week. It didn't take two. I just did what he told me to do. As Shai said, you know, there's so many incidents, and every single club, night life, it's uncontrollable. It's part of the live, unfortunately, and all of these finger pointing at The Bank, yeah. No. We were with a long streak of no fights, no altercations of any kind. The other thing I want to touch is that the livelihood comment, if you are going to switch it to a 41, that does affect it. We are a Mexican restaurant. What Mexican is going to come to the restaurant and just drink beer? They need tequila, you know? And as far as that, it's like, the other people I mentioned, you know, liquor sells, and it really does sell, and it does make money. You take that away, it's taking away from all my employees as well, whether it goes to a 41 or we're still in business. Name one restaurant out here that survives 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 off beer and wine that wasn't already established off beer and wine. We were beer and wine, but we switched and made more income. So in considering of my employees, I -- I hope that you guys make the right decision and not revoke the CUP. Thank you. COMMISSIONER TURLEY-TREJO: Thank you. Okay. Where are we time -wise -- I know, but where are we time -wise as far as 30 minutes on public comments? MS. JACOBO: We have no limit on speakers. COMMISSIONER TURLEY-TREJO: Not today? Okay. All right. Does anyone else want to speak? PUBLIC SPEAKER MR. OWENS: Trying to get my notes ready. My name is Shawn Owens. I am the head security at The Bank from the last, I'd say, two and a half years. I want to start off by saying it is a historical building. So even if The Bank is closed, if we are open for business, a nightclub, there's people that's going to come and read the signs on the building. They're going to come and be interested. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 They want to see the vault. They want to be more involved in something of a building like. So by saying that, there was a couple incidents -- or I say that one incident -- that was spoke about that an incident had occurred about a guy with a gun on the property. That goes for any other day. There's bums, there's -- there's people that's drunk that just come on our property to sit during our -- the time period of when we are closed, so I feel like incidents that happen on the days that we're closed, there's nothing we can do. The incident that happened with the man passing was my brother. I was also there at the location. I was also there at the scene. I was two steps away from the actual shooting. Bullet hole in my sweater, everything like that. That night, there was nothing we could have possibly did, because there was no arguments. There was no fights. The location was closed. Best thing we can do, just like every cop tells us on the weekend, is to get people off our property. Anything that's off our property, we have to contact them. So all the calls and incidents that we do 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have coming in, they're not big incidents. They're just somebody is on the property, somebody is drunk, somebody's not just listening to the after hours of what we're giving. Since we changed our hours, I can't think of no incidents that can possibly be named since we have been -- have been changed of the hours that we accepted. There's just so much. I just have three It's a small location. It's a small business, so there's only so many people we can have in our location. So even with capacity or not, it's not like we can fit a lot of people at, say, Baily's or any other bigger locations. So we are really strict about enforcement, even before the incident happened, and our security is, like, so locked on. Our -- the bosses, the owners, they're real strict on us. The cops -- I can see since the incident happened, a lot of cops have changed their areas, because I'm seeing new officers, but even officers that was there, they -- they feel freely and comfortable to come and walk by our business or come in and have conversations with our security guards 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 because they know of the job that we do. Like I said, the incidents that did take place around The Bank, there's nothing that security or owners should be -- can do, because we're not allowed to even step off property. So anything that's down the block, anything like that that we're getting blamed for, it had nothing to do with us. No incidents came from us. We're just doing our job to stay on property. So if any officers happen to get mad because we couldn't help, or anything like that, my job is to stay on property and protect my business. That's really it. I hope it continues to stay open. It is cutting a lot of hours from the staff and everything and from my family and everything. I have to provide. And I say that's pretty much it, I guess. I just hope you guys make the right decision for us, please, and so we show and prove to you guys that it was a good decision, and that we can continue going with the historical building that we have. COMMISSIONER TURLEY-TREJO: Thank you for coming on up. Okay. Anyone else? Last chance. Okay. All right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So all right. So at this time, because we have had public speakers, there's five minutes allotted to the City attorney, The Bank attorney, and Zip Third attorney to respond to the public speakers. So we will start with the City attorney. Five minutes. MS. PETRUSIS: I don't think I need to respond to anything. I don't have anything further, but, of course, if you have questions. Thank you. COMMISSIONER TURLEY-TREJO: Okay. All right. The attorney for The Bank, Mr. Penman. Five minutes. PRESENTATION SPEAKER MR. PENMAN: Thank you. The public speakers, I think, did very well, underscored the true situation at The Bank, supported by the evidence in the transcript. It's not the place that was described to Mr. Watson, and it's not the place that Mr. Watson described, although I agree that he backed off of that a little bit in his testimony. It's certainly not the place that the administrative law judge saw it to be, and I hope that it is not a place that you see through the eyes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of some people in the City who are desperately trying to do something about the crime that has occurred in Old Town, but there is so little that they can effectively do. And as a result, this matter is before you, first this morning and now this afternoon. And I again can only ask you to do the right thing, not the right thing for the property owner or for the business operators alone, but the right thing for the City of Temecula. The fact that these -- you heard the security gentleman speak. As the evidence shows, they have doubled their security after the tragic death, and as Mr. Watson's testimony said, all they can do is close on time. But the murder happened within the time they were allowed to be there, and then Mr. Watson said there's really nothing else -- he didn't have any other discussions of what to do. Revoking the CUP is not the solution to this problem. It's -- it's not the way to go. Thank you very much for your time. COMMISSIONER TURLEY-TREJO: Thank you. Mr. Edwards? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PRESENTATION SPEAKER MR. EDWARDS: Thank you. I want to respond to the letter that was written because I think it relates to questions that Commissioner Ruiz and Commissioner Watts had. What you heard in that letter was the restaurant's noisy, it's dangerous, close it down. There was no mention whatsoever about the property owner, and that -- that is a knee-jerk reaction. The first things -- one of the first things I said to you today was -- and I read you, and it's on a slide -- the administrative law judge at the start of the hearing says, Am I hearing from you that there are two permit holders here, both the property owner and the restaurant operator? Ms. Petrusis, the City lawyer, said, Yes. Now, you're absolutely right that there's one Conditional Use Permit, and Commissioner Ruiz, 100 percent, right on. Commissioner Watts, you're absolutely right that runs with the land, but here's where the rubber meets the road. Mr. Watson, to his credit, correctly testified, and I quoted this, "A CUP conveys a vested right to the property owner." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And the city has this procedure. You let the owner know. Here's a citation, here's a violation. And you don't -- you don't just send them a letter and say we're going to revoke your permit out of the blue. Due process requires -- even if the city code says, Well, we only -- the City is arguing, Well, we only have to give notice to the business owner, and that's obviously to the extent the person who wrote that e-mail or letter knows there are two permit holders here. They're certainly ignoring my client. It would not be due process. I don't think either of you believe -- I can't -- I'm not a mind reader. I'm making an assumption. I don't think either of you or anybody up here believes it is due process to revoke without notice in accordance with the code. Due process requires telling somebody. You've got a property right. You're due the process. We owe you the process of knowing what's going on. We're telling you. This is what we do. We're business friendly. Now, Mr. Watson -- it's correct, as Attorney Petrusis says, Mr. Watson's expression of the philosophy, his words, which he also says are the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 practice of the City -- he didn't just say this is our philosophy, he said this is our practice. This is what we do. It's true that that's not written in the code word for word, but I emphasized before about how the code was idiot proof. So the point here is you could absolutely say there are two permit holders. We are revoking the rights of The Bank, but the owner still retains vested right in the CUP, can operate a restaurant, can get another tenant, can move forward. And there's absolutely no reason not to do it, and it would be an absence of due process if you failed to do it. I've got a minute and 46, and I'm happy to get any questions. Boy, would I love them if anybody has one. COMMISSIONER TURLEY-TREJO: I do have a question -- MR. EDWARDS: Sure. COMMISSIONER TURLEY-TREJO: unlawful detainer -- MR. EDWARDS: Yes. COMMISSIONER TURLEY-TREJO: of that -- -- regarding the -- and the status 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: Yes. COMMISSIONER TURLEY-TREJO: -- and is that still set for March 3rd? MR. EDWARDS: Now, that -- okay. I'm -- can I go out -- I have to ask your permission, and, Ms. Fox, I want to address this to you also, even though I know -- I know -- Madam Chairperson, you're the boss. I just don't want anybody to ever say I went outside the record and that's not in the record, so -- MS. PETRUSIS: We believe that evidence of the current unlawful detainer action is new evidence that wasn't before the ALJ. MR. EDWARDS: Now, that's -- that's accurate. It wasn't, because it -- we had the hearing on the -- Ms. Petrusis, correct me if I'm wrong, the 31st of August and the 1st of September, I think, is correct. MS. PETRUSIS: Yes. MR. EDWARDS: And as of that time there was no unlawful detainer. Please remember August 23rd is the first date that would have been feasible after that order was entered on August 23rd. COMMISSIONER TURLEY-TREJO: Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. EDWARDS: That's the bankruptcy order. COMMISSIONER TURLEY-TREJO: All right. MS. FOX: Thank you, Madam Chair. I think that Counsel can answer the question if he has the information. COMMISSIONER TURLEY-TREJO: Okay. MR. EDWARDS: Okay. Now, I will answer the question. There is an unlawful detainer trial set. There were -- we have an unlawful detainer lawyer. It's not me. I thought the unlawful detainer was set for March 8th. If you looked it up and saw March 3rd, you may be correct. I could be wrong on the date, but it's the first few days of March. I know that. I also know they waited a long time to get a trial date, even though the code says you get a trial date quickly. You don't. It -- the courts are really backed up with unlawful detainers. We're still seeing the effects of COVID, plus it's a business case. It's going to be a little bit more complicated, and there was extensive negotiation with the tenant trying to get the tenant to move out. Also, there's a lot of ways people can delay an unlawful detainer, even though you're entitled to a preference, but move forward as expeditiously as we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could. COMMISSIONER TURLEY-TREJO: Okay. Thank you. Any other questions while Mr. Edwards is up here? Okay. So thank you. MR. EDWARDS: Thank you for your courtesies throughout. I really appreciate all your attention. Thanks so much. COMMISSIONER TURLEY-TREJO: Thank you. Okay. So this is really our last opportunity to ask questions before we have discussions, so if there's any other questions of any of the attorneys, this would be the time to do it. So are we good? Everybody good? Okay. And then I'm going to have Ms. Fox right now speak a little and give us a little guidance here at this time. That would be great. MR. EDWARDS: Are we supposed to -- excuse me. I just don't want to hear anything that's attorney -client. Are we supposed to leave when you do that? I don't know the procedure. COMMISSIONER TURLEY-TREJO: No. I think you can stay. MR. EDWARDS: Okay. Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TURLEY-TREJO: Correct? MS. FOX: Thank you, Madam Chair. Yes. So I wanted to offer to the Commission that now is the time for your deliberation to decide whether or not you were going to move forward with adopting the determination by the administrative law judge or modifying that in any way. I did want to add a couple of clarifications just to get the record complete here. One watt mentioned by counsel for The Bank, Mr. Penman. Last evening he had asked for a reconsideration about entering into evidence the video from the January shooting that occurred on the patio of The Bank. That -- I had previously provided my rejection of that request. That was both evidence that was not before the administrative law judge, also it's part of an ongoing criminal proceeding of which the investigators and the district attorney do not want that information publicly released, and I also said it's appropriate official privileges under the Evidence Code. As well, he asked again for another continuance. I rejected that earlier for good cause, and so I would be -- my recommendation to this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Commission that any request for continuance be again rejected. As well, I wanted to offer a couple of points of clarification. There was a lot of discussion regarding the notice issue, and I wanted to invite the Commission's attention again to the City Municipal Code 1.21.050. I don't believe that that provision, as noted by the counsel for the City, is applicable to Zip Third, the property owner. That subdivision B, as in boy, provides that the enforcement official shall attempt to locate the business owner. In this particular instance, the business owner is indeed the CNC Puma. That business, as we know, is the manager. The CEO is Amanda Lane, along with Ryan Parent, along with Craig and -- I think it's Christy Puma. Finally as well, I wanted to point out, as has been argued, there is only one CUP. I would also like to offer a comment regarding an issue that is part of the presentation by Zip Third, and that is the reference when the administrative law judge is talking about the fact about permit holders. I am of a different view for the permit holder, in this particular case I believe is indeed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Puma Corp. They are the applicant on the CUP. They are the applicant on each request for the modification. It is true that the CUP runs with the land and is of interest of which the property owner has. There was some discussion and statements that Mr. Watson declared that they have a vested right. Of course, a vested right is a legal determination. A vested right occurs when you have a permit, and then you have good -faith reliance on an issued permit, and you have a substantial expenditure of funds in reliance on that permit. That's from a seminal case, Avco(phoenetic) v. City of San Diego. There was absolutely no testimony during the two days of hearing about any financial commitment that had been put forth. I'm not disputing it, and I don't think that's necessarily a point that is relevant to the revocation hearing, but it felt to me like it was a legal issue that I wanted to bring forward as your legal counsel here today about the issue of the scope of the vested right. We are not -- I'm not disputing that the property owner has an interest in the CUP that runs with the land. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So I hope those are some clarifications that are helpful to you, and if you have any questions, I'm happy to answer them. COMMISSIONER TURLEY-TREJO: So at this time if any of my colleagues have questions of the attorney, this would be the time to do that. Any questions? COMMISSIONER HAGEL: No, thanks. COMMISSIONER TURLEY-TREJO: Okay. Thank you so much for that -- those clarifications, and at this time I'm going to close the public hearing, and this is our time to discuss. I would like to hear the discussion before any kind of motions are made, and so I'm going to start on my right this time with Commissioner Solis with any -- anything you would like to add. COMMISSIONER SOLIS: Based on the report, and everything else that I've heard, to me it's clear that the applicant did apply for a minor modification to allow for live entertainment. And at the time that the applicant comes before the City and requests a modification, then all other conditions of approval might be affected, and I think that's what happened at this time. The original Conditional Use Permit did not 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allow for live entertainment, and then the applicant requested, Oh, well, we want live entertainment, which it would be a new Conditional Use Permit. And upon that decision of the City granting approval, then there was also modifications to the -- to the time of operation and also the sales of -- of alcohol, which is very common practice. So if the applicant comes and requests something else, then maybe the hours of operation is probably one of the conditions that gets changed as part of the application process. And I believe that the applicant is aware of that because the applicant did apply for a modification to the original CUP, and the City did approve it and -- and moved forward with that. So my understanding is that the applicant is aware, just as -- just as he was aware to apply for a modification to the existing CUP, I believe he's also aware of the final conditions of approval, which limited the hours of operation and also the -- excuse me -- the hours of operation and the type of entertainment that goes with that, which is very specific. And in the resolution or in the approval letter, it's in bold, so it's very clear the hours of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 operation and also the entertainment that's allowed. COMMISSIONER TURLEY-TREJO: Thank you. Commissioner Hagel? COMMISSIONER HAGEL: Okay. I just want to kind of start the bigger picture here. We -- we have a major problem in Old Town, and I just want to state that no one is saying that The Bank is the only problem and that's where all the problems stem from. So that was -- tended to be focused on here in some of the -- some of the discussion, but -- and I don't think we or anybody else should assume that actions aren't being taken against other restaurants or other organizations in Old Town that could be in violation. We shouldn't assume anything. Those things could -- could well be happening. The creation of the metro team several years ago was one of the responses to this growing problem, and it's been brought up that there wasn't much happening in the way of violations or police writing tickets prior to whenever the date might have been, 2018. But in the early -- I will say the earlier dates, our issues had been growing, and continued to grow, and it just says -- says to us that, you know, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ten years ago, fifteen years ago, there wasn't a problem, but there is a problem today. The -- a year ago, this Commission took up a entertainment license, and the purpose of that entertainment license was to make it easier to deal with this issue, to make it a lot less expensive for the City and all of the parties that could be involved in it to -- to solve a problem that could be going on in a particular business, and that entertainment license would be applicable to any business that is making a change to their CUP or a new business that's coming in town. And -- and that would be -- I think a goal would be to work towards having all of the businesses be on that entertainment license that would be renewed or apply for renewal each year, and if there are problems, that renewal could be denied, and without having to go through what has been, I guess, a year's worth of, you know, courts and legal battles and -- I'm not saying anything bad about attorneys, but having to hire attorneys and all of that expense. So that's, you know, the goal that we have as the Commission, is to solve this problem and to work towards reducing the cost and burden on everyone to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be able to solve the problems step by step, business by business. And that's all I will say for now. I will save my other comments for later. COMMISSIONER TURLEY-TREJO: You don't want to finish up with your -- COMMISSIONER HAGEL: No. Go ahead. COMMISSIONER TURLEY-TREJO: Okay. All right. Commissioner Ruiz? COMMISSIONER RUIZ: I didn't know which direction you were going. Thank you. I'll first start off by saying this is not something that's taken lightly. You know, this is 1646 pages of, you know, information, a packet of information that we've received and read. I think for me, some of the things that stand out is the citations I don't think were addressed the way I would have liked to see them addressed on the other side. There was a lot of emphasis on the unfortunate night of the murder, which kind of falls into the disorderly house conversation, but we've got 34 citations, 109 civil penalties, that still have not been addressed. They have not been paid. They have not been challenged or appealed. They're still 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 When it comes to modification to the CUP, I stated in there, misinformation, misunderstanding, however that must be interpreted, why was that never then reapplied for? Why was that never addressed moving forward? You know, I appreciate the clarification by Ms. Fox earlier because I had actually jotted down when the -- Mr. Penman mentioned that, you know, the 2012 modification may not have been signed because they didn't accept it, yet they accepted the live -music portion of it. So you are kind of in turn accepting it. And then overall, I think, continuing since this issue has started, it's been admitted that we're operating outside of our business hours because it's good for our business, but that's not really what's been put in place. We're doing live music when we applied for background music, and I really wish that would have been addressed a little bit more because to me that just speaks to the character of the business that we're looking at. With regards to Zip Third, I don't -- you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know, that's -- that's -- that's challenging. I don't know how you would even begin to separate to even go down that side of things. I think it's been demonstrated that the lack of communication has unfortunately led to, you know, Mr. Solomon in the position that he's in, but overall as I read through the packet and as I listened to all of the cases being made today, those are the things that still stand out to me that I didn't hear anything to say, hey, yes, this is -- this is good. Even the public comments of hearing about the business, that's great, and I love to hear that. The Bank has been around forever, but why not address how do we -- let's fix this. I think the hours are wrong. Let me apply for this and just fix that. It's just been, for whatever reason, ignored or forgotten about, and the fact that it's still operating as what's best for their business, not with what's down on the Condition of Approval in the original CUP, it still remains a concern. COMMISSIONER TURLEY-TREJO: Thank you, Commissioner. Commissioner Watts? COMMISSIONER WATTS: Yeah. I spent Monday reviewing the file, 1100 pages -- and I didn't review 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 every one, don't get me wrong -- but the process requires the Commission to review the transcript and the hearing, and that's what I did, and today's hearing was focused on that information. I didn't hear anything contrary to what I saw in my review. There my be some misinterpretation or different interpretation of certain things, but not really contesting the facts, and I know there has been a lot of things said today that I'm not sure if they're facts or not. I know that it's been implied that one of the staff members may have made something up, at least that's how I took it. If that's the case, it seems like there would have been a burden to find some sort of proof to justify that, and that wasn't done. So the 2012 minor mod clearly had the information in it that was communicated by the City. The owner, or whoever was responsible at that time, chose not to comply with the requirements that were put on that business. A conscious decision, I think, to ignore what was put there. If the owner at that time or the person had a beef with that, it seems like that should have been brought forward by that person, and said, I don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agree with this, and that wasn't the case. They just kind of ignored it and went on with whatever that person wanted to. Now, that person could have passed that on to the current owners and the current people there, and I'm -- I don't know what went on between you and the former operator, but it seems like there was a little bit of responsibility to pass that on, and more than just finding a copy of a document, and it was thrown away because -- during a cleanup. You know, I don't have a lot of experience with private sector. I do have experience with governmental sector, and it seems a lot different than how things are viewed and reviewed and complied with. I can say that ever since this item has been brought to our attention at the Commission, I was the Chair at the time, the City has bent over backwards to make sure that nothing unforward or untoward was done regarding our role and our information. We knew absolutely nothing, and I want to compliment the City on following the rules and doing that. It still remains, though, that there were -- there were, I don't know if there are continuing but there were multiple, multiple violations of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 requirements. And rather than trying to correct it -- and as I gather, the City tried to get compliance. They always do. As far as I know, the City has always bent over backwards to try to help the business community as much as we can. It appears to me there was a complete failure to follow up on notice by the City that there were problems and ignoring it. Just flat out ignoring it, seems to me, over a hundred notices. Letters were sent. Yeah, maybe they weren't certified. Maybe they weren't required. I'm not sure. But it seems like a lot of people knew a lot about what was going on and it wasn't communicated or wasn't dealt with. It was just ignored, hence we have a hearing today and we are charged with -- with our statutory roll in reviewing something such as a revocation of a CUP. So you can't -- nobody has brought up any evidence to prove that or state that any of the problems were made up. Clearly there was problems. We -- I read the testimony by the police officers that were -- responded to The Bank, and having law enforcement experience myself, I certainly can understand that -- that viewpoint from our police 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 officers and their responsibility to do. That being said, there's probably things that the City can learn through this process, and if it ever happens again, probably will do it better. But the fact is there may have been -- I'm not sure. There may have been an inappropriate application or something to that nature, but the administrative law judge made a finding that they -- they agreed with the action. So I haven't heard anything really overwhelming today that would change that view in my And I appreciate the fact that we have a business and we have an owner of that property where the business is, and that kind of complicates it, but the fact is it's been pointed out there's one CUP. That's what we're dealing with, and that's what our responsibility is in this hearing. And I think that everybody has been given a fair chance today and the opportunity to either contest or review the material that was brought forward, and I think it's been a fair hearing. And I know that there has to be one way or the other on this, and that's what we will be prepared to do in due time. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So those are my quick comments, Madam Chair. COMMISSIONER TURLEY-TREJO: Thank you, Commissioner Watts. You had more you wanted to say? COMMISSIONER HAGEL: (Unintelligible.) COMMISSIONER TURLEY-TREJO: Well, this is our time right now -- COMMISSIONER HAGEL: Okay. Yeah. COMMISSIONER TURLEY-TREJO: Yeah. Go ahead. COMMISSIONER HAGEL: So I think there's been a lot of miscommunication on just about every party that's -- that's involved in this, and I would agree with Commissioner Watts that there's things that I think the City needs to do differently, and, you know, I will be happy to have that conversation with -- with staff for the future. But it is one CUP. You can't split it, and we -- you know, it's pretty -- pretty black and white as to what we have to do. We have to make a decision to either revoke or not revoke, and as one of the attorneys said, we should take everything into consideration, the total picture. You know, given that you're each given 45 minutes, you didn't have the opportunity to talk about everything that was in the document. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I did. I started Friday morning, and I have done nothing but read that document, so I've read every single page and I, you know, take this very, very seriously. You know, we're -- I think we're getting to a stage that we're going to need to make a decision, but I would -- I would also just state that there is nothing that says that any business can't come and apply for a license for entertainment, which also takes into consideration alcohol. And the reason why all of that is put together is that when you add individually, none -- serving alcohol or music or loud music or shows, hours of operation individually, they in themselves don't create the problem. It's when you put them all together that they can create a problem, and that's what we have here. We have a lot of businesses that are running with all of those things put together, and I think that tends to attract people who are not coming to Old Town just for dinner, as we did ten years ago, fifteen years ago. I will say that I'm -- I've been here for over 20 years now. I used to eat dinner at Old Town all the time. I used to love Old Town, 24/7. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I now have -- I love Old Town in a very limited number of hours during the week. I rarely come here for dinner, and when I do, I go to a restaurant that is only serving dinner and maybe beer or wine, or whatever. That's just my choice. I have heard plenty of complaints from residents over the last couple of years regarding Old Town, that they don't feel safe going to Old Town. And, you know, I've tried to encourage them that there are -- you know, you can bring your kids during the day. It's okay. But some people are just -- you know, just so much bad press and so many bad things have happened, and that they just don't want to go to Old Town any longer. And I think that's a shame, because, as one of the speakers brought up, we have not only The Bank, but we have many historic buildings here. We have a historic downtown. It's a -- I love driving through downtown because it reminds of me of where I grew up, and, you know, a very historic area. And unfortunately I feel that's been -- you know, it's being taken from us, so we really want that back. We want a place that -- to bring our kids. I want to bring my grandkids down and be able to walk -- walk in the evening and feel safe. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 So that's all I'm saying at this point. I will let you go ahead. COMMISSIONER TURLEY-TREJO: All right. Any -- go ahead. COMMISSIONER RUIZ: Thank you. Just looking for some clarification as well. So if this action of the revocation of the CUP does not close The Bank Restaurant, correct, it would revert to the original Type 41 under those hours, no entertainment, no music, no liquor sales, wine and beer? COMMISSIONER TURLEY-TREJO: Is that correct, Ms. Fox? MS. FOX: I think I might need to ask Mr. Watson to answer that for us. I would say that the action here that will be taken, we are suggesting be brought back for action on a formal resolution. So you take action or bring back the resolution to confirm that, and then there will be a period of time that that action can be appealed before it's final. So even the action that this body takes will not be filed for a period of time. I think that we can expect there's going to be an appeal to the City Council. I think Counsel 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Penman pretty much noted as much during his presentation, but I haven't looked at the permitted uses that would be at play for The Bank facility if, indeed, the revocation goes forward. COMMISSIONER TURLEY-TREJO: Okay. Well, before Mr. Watson does that, unless anyone else has any other discussion, I would like to say a few things, and then have him -- COMMISSIONER RUIZ: Yeah. That's great. And for me it speaks to the comments on livelihood and business. We're not charged or looking to take a business and close it and remove it from the city. I just -- I want to be clear on what this action will result in if it does move forward. Thank you. COMMISSIONER TURLEY-TREJO: Okay. Well, maybe go ahead right now. MR. WATSON: Madam Chair and members of the Commission, Commissioner Ruiz, yes. So if the CUP was revoked, it would remove the ability for The Bank to serve distills spirits under a Type 47, and it would remove all the conditions that are associated with that CUP approval. The -- their ability to operate as a restaurant is a permitted use. It doesn't require a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CUP, so they could immediately start operating as a restaurant, and they would have the ability to serve beer and wine by right, so without a special Conditional Use Permit. They would still need to, of course, get whatever permitting they needed from ABC to do that, but under our code, they could operate as a restaurant, by right, with beer and wine. COMMISSIONER RUIZ: May I ask a follow-up question? So if they reverted to that restaurant, would they have the ability in the future to reply for a Type 47? MR. WATSON: Yes. Theoretically they could come back and reapply at some point. COMMISSIONER RUIZ: Okay. Thank you. COMMISSIONER TURLEY-TREJO: Okay. Any other questions for Mr. Watson? Okay. Okay. All right. Well, first of all I want to commend my fellow Commissioners. This is kind of visible. This is what we read and went through, and personally I did, and we take it very seriously, what we've done today. And so I think someone said -- I think it was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Penman said we're not a rubber-stamp, and we're not. So I want to be clear about that, that we have done our due diligence here as a Commission, and, you know, this is not something that has ever come -- has been one of our tasks, but we have risen to that occasion. So I appreciate each of my fellow Commissioners in doing their due diligence in this �i� So as I went through it -- and really, I agree with everything that has been said. I'm not going to say much, but just -- you know, when I first read it, it was, like, wow, there's this, like, nine-year gap, right, of where there haven't been any citations or things happening, and why would the City not know, and it -- you know, it came to my attention that the police are the ones who let the City know because there were problems. So if there hadn't been problems, then I that question for me that that was why the CUP was checked at that time. As far as the failure to sign the Condition of Approval, our attorney cleared that up for me that, you know, you accept the benefit and of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 They were obviously accepting the benefit of having the live entertainment, but not the burden of the hours being changed, so that was pretty clear to me. And Mr. Puma, or the owner at the time, never appealed to change these conditions of approval, so that was pretty telling that there is one CUP and that this owner is responsible to comply, and that So you know, I have watched personally the City bend over backwards in this situation to work with The Bank, and as we just discussed here, you know, the business isn't over. They have a business, even with this revocation, and I would encourage them to work with the City and be a good player. Because for me, honestly, Old Town has been a concern of mine from day one being on this Commission, and -- but we respect and appreciate those restaurants that are good players and that comply with their conditions of approval, and that's really what we're looking at today. And so that's really all I have to say, and I appreciate everyone involved who has taken time to be here today and bring their presentations to us, and I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appreciate our Counsel. And at this time, if there -- so the motion at this time, I'm going to have our Counsel kind of help us with that, what that motion would be, if someone would like to give that motion. MS. FOX: Was that a question to me, Madam Chair? COMMISSIONER TURLEY-TREJO: Yeah. MS. FOX: So there needs to be a motion either confirming or modifying or rejecting the decision of the administrative law judge to revoke the operation of The Bank and to direct that a resolution to be brought back confirming whatever that decision is. COMMISSIONER TURLEY-TREJO: Okay. All right. So with that, do we have a motion? COMMISSIONER HAGEL: Okay. Well, I believe at this point perhaps The Bank is making -- making efforts to -- to make changes, but I believe that they need to earn that, and I would make a motion that we confirm the revocation of the CUP at this time. COMMISSIONER TURLEY-TREJO: Okay. Is that motion good, Counsel? Does that work? MS. FOX: That sounds good, and maybe we 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could add to it and bring back a resolution, a written resolution confirming same. COMMISSIONER WATTS: I will second that motion. COMMISSIONER TURLEY-TREJO: Why don't you add that to it, and bring back a resolution to -- COMMISSIONER HAGEL: And bring back a resolution to the Commission for approvals. COMMISSIONER WATTS: And I will second that. COMMISSIONER TURLEY-TREJO: Okay. We have a first, Commissioner Hagel, and a second by Commissioner Watts. Okay. All in favor? COMMISSIONER WATTS: Aye. COMMISSIONER RUIZ: Aye. COMMISSIONER TURLEY-TREJO: Aye. COMMISSIONER HAGEL: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER TURLEY-TREJO: And any opposed? Okay. Motion carried. All right. So we will adjourn until our next regular scheduled meeting on March 1st at 6:00 p.m. here, and that is where we will receive that resolution; correct, Counsel? MS. FOX: Correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COMMISSIONER TURLEY-TREJO: Okay. Thank you very much. Thank you to all of you who have attended today. Thank you. (The meeting was adjourned at 1:55 p.m.) 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 PA 23 24 25 HEARING REPORTER'S CERTIFICATE I, Amanda Karmann, Hearing Reporter in and for the State of California, do hereby certify: That the foregoing transcript of proceedings was taken before me at the time and place set forth, that the testimony and proceedings were reported stenographically by me and later transcribed by computer -aided transcription under my direction and supervision, that the foregoing is a true record of the testimony and proceedings taken at that time. I further certify that I am in no way interested in the outcome of said action. I have hereunto subscribed my name this 7th day of March, 2023. 1 1 ' � r!I- W-1 AMANDA KARMANN ■ i�.Z I�'► PC RESOLUTION NO.2023-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA CONFIRMING THE DECISION OF ADMINISTRATIVE LAW JUDGE NYE-PERKINS TO REVOKE THE CONDITIONAL USE PERMIT ISSUED TO THE BANK, LOCATED AT 28645 OLD TOWN FRONT STREET Section 1. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. In November 2007, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Conditional Use Permit on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata aka Maureen Meardon. B. On January 3, 2008, the Planning Director approved Planning Application No. PA07-0314, a Minor Conditional Use Permit to upgrade a Type 41 ABC License (On -sale beer and wine -eating place) to a Type 47 ABC License (on -sale general) to authorize the sale of beer, wine and distilled spirits at the Bank. C. On October 9, 2008, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification Application on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. D. On October 9, 2008, the Planning Department approved Planning Application No. PA08-0236, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to extend the hours of operation for the sale, service and consumption of alcohol at the Bank. E. On February 27, 2012, Craig Puma from CNC Puma Corporation submitted an application to the City for a Minor Modification on behalf of the Bank of Mexican Food Restaurant ("the Bank") located at 28645 Old Town Front Street in Temecula ("the Property"). Craig Puma from CNC Puma Corporation was the applicant. The application including the consent of the property owner Maureen Licata. F. On February 28, 2012, the Planning Department approved Planning Application No. PA12-0041, a Minor Modification to Minor Conditional Use Permit (PA07-0314) to allow for dinner entertainment for the purpose of providing background music at the Bank. The February 28, 2012 approval contained additional conditions which called out certain hours of operation for the Bank. G. The Minor Conditional Use Permit (PA07-0314), as modified on October 9, 2008 (PA08-0236) and on February 28, 2012 (PA12-0041) is a single CUP and is referred to collectively hereinafter as "the Bank CUP". H. Beginning in March 2021, the City's Code Enforcement Division issued 109 Civil Penalty Notice and Orders to the CNC Puma Corporation due to violations of the Bank CUP including for violating approved operational hours beyond 11:00 p.m.; having excessive noise levels including with outside speakers over allowed noise levels; and failing to have a CUP for amplified music and live entertainment. I. On May 19, 2022, the Planning Director sent a notice to: (1) CNC Puma Corporation care of Brand Landon as the Agent for Service of Process; Craig Puma, the Bank; and Amanda Moore, who is an officer of CNC Puma Corporation and manager of the Bank, advising that he was recommending that the Bank CUP be revoked. The City subsequently sent a notice to Zip Third Investments, LLC, the entity who had become the successor in interest of the Property from the estate of Maureen Licata and advised that the Planning Director was recommending that the CUP be revoked. J. Consistent with Temecula Municipal Code § 17.03.085, the revocation proceeding was held at a noticed public hearing before the State Office of Administrative Hearings with Administrative Law Judge Nye -Perkins presiding on August 31, 2022 and September 1, 2022. K. On or about October 19, 2022, Judge Nye -Perkins issued an order revoking the CUP. A copy of the Order is attached hereto as Exhibit "A" as if set forth in full herein, L. On February 21, 2023, the Planning Commission held a duly noticed public hearing as prescribed by law, at which time the City staff, representatives from CNC Puma, Zip Third Investments, LLC and interested persons had an opportunity to and did comment on whether the Planning Commission should confirm, modify or overrule the Order. CNC Puma was represented by legal counsel James Penman of Milligan, Beswick, Levine & Knox, LLP; Zip Third Investments was represented by Tyler Sherman of Cole Huber LLP and Rick Edwards of Rick Edwards, Inc. M. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Approval of Administrative Law Judge Ruling A. The Planning Commission of the City of Temecula hereby adopts the findings of fact and conclusions of law issued by Judge Nye -Perkins in the October 19, 2022 decision revoking the CUP, which is attached hereto as Exhibit "A" as if set forth in full subject to the following modifications finding that the permit holder of The Bank CUP is CNC Puma Corporation and also finding that the property owner is Zip Third Investments who has property interest in the BANK CUP which runs with the land. B. Pursuant to Temecula Municipal Code § 17.03.085, the Planning Commission hereby confirms the decision of Administrative Law Judge Nye -Perkins revoking the Bank CUP. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1" day of March, 2023. Lanae Turleyqrejo, Chair ATTEST: Denise Jacobo, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Denise Jacobo, Secretary of the Temecula Planning Commission, do hereby certify that the foregoing PC Resolution No. 2023-04 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1" day of March, 2023, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Hagel, Ruiz, Solis, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Denise Jacobo, Secretary MILLIGAN, BESWICK, LEVINE* & KNOX LLP ATTORNEYS AT LAW C. PATRICK MILLIGAN RICHARD R. BESWICK (1941-2006) STEPHEN P. LEVINE JAMES L. KNOX TELEPHONE 1 447 FORD ST, SUITE 201 (909) 798-3300 REDLANDS, CALIFORNIA 92374 (909) 888-5741 FACSIMILE (909) 798-3301 MBLKL, WFIRM.COM CERTIFIED SPECIALIST- CRIMINAL LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION Attacbrn.ent "C" March 9, 2023 The Mayor and City Council C/O City Clerk Department City of Temecula 41000 Main Street Temecula, CA 92590 Re: Revocation of CUP PA 07-0314 J. TIMOTHY HEGNESS,.oFcouNsEL JAMES F. PENMAN, oF-couNsEL ELIZABETH LEON GONZALEZ, oFcouNSEL Dear Honorable Mayor Schwank and Honorable City Council Members, REce1vLz.® MAR 102023 CITY CLErgfCs OFFICE We are asking the Mayor and City Council to overturn the March 1, 2023 decision of the City of Temecula Planning Commission ("the Planning Commission) which confirmed the decision of Administrative Law Judge Nye -Perkins revoking the Conditional Use Permit of "The Bank Restaurant of Mexican Food". The grounds for this Appeal and the specification of errors in the decision are as follows: 1) The Administrative Law Judge, and the Planning Commission declined to consider the modification of hours as detailed in the October 15, 2008 Minor Modification of The Bank's CUP, PA 08-03236 (City's Exhibit number 7, Bates page beginning at page 36, Condition #14) which permitted the Bank to remain open until 2:00 a.m., instead of the initial January 3, 2008 PA 07-0314 (City's Exhibit 4, Bates number 12) which required closure no later than 11:00 p.m. on Fridays, Saturdays, and holidays. It was an error for that to have occurred. 2) The Administrative Law Judge, and the Planning Commission declined to consider and to give the appropriate weight to the modification of hours as detailed in the October 15, 2008 Minor Modification of The Bank's CUP, PA 08-03236 (City's Exhibit number 7, Bates page beginning at page 36, Condition #14) which permitted the Bank to remain open until 2:00 a.m., instead of the initial January 3, 2008 PA 07-0314 (City's Exhibit 4, Bates number which required closure no later than 11:00 p.m. on Fridays, Saturdays, and holidays in making their decisions. It was an error for that to have occurred. 3) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight the fact that the applicant did not request a change of hours in the Minor Modification of the CUP granted October 15, 2008. That modification cut back the closing hours from 2:00 a.m. to 11:00 p.m. It was an error for that to have occurred. 4) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the failure of City Planner Stuart Fisk to say he was directed to change the closing hours by his supervisor prior to his testimony before the ALJ, his numerous opportunities to have done so, and the fact that no written documentation of that change having been discussed with the applicant has been offered into evidence to date. The evidence to the contrary, is that the closing time change with the Applicant was never discussed with him by City staff. Finally, Fisk even admits, "the COA (Conditions of Approval) were from the 2007 CUP Application" (Exhibit H, page 3, D190). It was an error for that to have occurred, and it was an error to admit the so called rebuttal testimony of Stuart Fisk to this effect because his testimony was offered as rebuttal testimony instead of testimony pursuant to the City's case in chief, the testimony constituted hearsay, and because the other evidence, including testimony of other witnesses and documentary evidence contradicted Mr. Fisk's testimony. Applicants/Appellants attorney made a timely objection to the admission of Mr. Fisk's testimony and moved to exclude that testimony. That objection and motion was either overruled and not granted, respectively, or not ruled on at all. 5) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the fact that the City of Temecula Planning Department, lost or misplaced the October 15, 2008 Minor Modification of The Bank's CUP, PA 08-03236 (City's Exhibit number 7, Bates page beginning at page 36, Condition #14) in making their decisions. It was an error for that to have occurred. 6) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the Applicants' assertion and evidence submitted that the Planning staff cut and pasted the closing hours, and other information, from the original CUP, PA 07-0314, instead of the later closing hours granted in the Minor Modification approved October 15, 2008, PA 08-03236 CUP Modification in making 2 their decisions. 7)The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the emails introduced by Applicants/appellants between City staffers Luke Watson and Stuart Fisk, and to the emails between Luke Watson and Planner Robidou. It was an error for that to have occurred. 8)The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to any of the testimony ofAmanda Lane on numerous points, including but not limited to her conversation(s) with Planning staff member Jaime Cardenas. Please read Ms. Lane's entire testimony as it appears in the Transcript, Volume II of the Hearing before the Administrative Law Judge. It was an error for that to have occurred. 9) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the testimony of Craig Puma. Please read Mr. Puma's entire testimony as it appears in Transcript, Volume II of the Hearing before the Administrative Law Judge. It was an error for that to have occurred. 10) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the several incorrect statements of Riverside County Sheriff s Sergeant Joshua Hephner. Among the incorrect statements Sgt. Hephner testified to are the location of two homicides at the Bank and as both being connected to the Bank; incorrect testimony about the security guards at the Bank; incorrect testimony about calls for service and incidents at the Bank; and each one of Sgt. Hephner's incorrect statements as they appear in the record, as pointed out to the ALJ and to the Planning Commission, statements which appear throughout the record. Please read Sgt. Hephner's entire testimony as it appears in Transcript, Volume I of the Hearing before the Administrative Law Judge. It was an error for that to have occurred. 8) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the fact the City of Temecula, after losing or misplacing the October 15, 2008 Minor Modification of hours (PA 08-03236), did not enforce the purported closing time of The Bank following the February 28, 2012 enactment of the CUP Minor Modification to allow live entertainment which mistakenly changed the Bank's closing hours from 2:00 a.m. to 11:00 p.m. for eight years (from February 2012 to February 2021). It was an error for that to have occurred. 9) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the fact that calls for service incorrectly listed numerous calls which were attributed to the Bank but which were in fact, not related to the Bank. - It was an error for that to have occurred. 10) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the fact that the evidence demonstrated that other restaurants in the same area, including within a block of the Bank, had more calls for service than did the Bank. It was an error for that to have occurred. 11) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the fact that one homicide which was attributed to the Bank but occurred about '/z block away from the Bank and those involved had not been in the Bank prior to the shooting. Nonetheless, that homicide was cited as a reason for the Planning Department, and the ALJ to recommend the revocation of the Bank's CUP. It was an error for that to have occurred. 12) The Administrative Law Judge, and the Planning Commission, declined to consider and/or to give the proper weight to the testimony of two City officials (Luke Watson and Tom Cole) before the ALJ that the Bank had come into compliance with the City's noise ordinance and as a result, no citations for Noise Ordinance violations were issued to the Bank from July 3, 2021 on. That is a period of eight (8) months before Planning recommended revocation of the Bank's CUP and based that revocation recommendation partially on the Bank's non-compliance with the City's noise ordinance. It was an error for that to have occurred. 16) The revocation of the CUP by the Administrative Law Judge and by the Planning Commission is based on a great deal of incorrect information, information which the evidence clearly proves was false and/or misleading and the grounds for appeal include each one of those incorrect pieces of information as detailed throughout the record of this revocation process. It was an error for that to have occurred. 17) The City of Temecula, the Administrative Law Judge, and the Planning Commission, denied Applicants/Appellants their rights of due process throughout the investigation, in issuing the citations, and in the Administrative Civil Penalty impositions, along with violating the Fifth Amendment to the Constitution of the United States as they pertain to the Applicants/Appellants throughout the prosecution and the process of this revocation 4 of the Bank's CUP as shown by the entire record herein. It was an error for that to have occurred. 18) The record, in its entirety, lacks sufficient credible and truthful information upon which a CUP revocation, which is a deprivation of property, may be based pursuant to the Fifth Amendment to Constitution of the United States. That is an error. 19) We also specifically appeal the decision of the Planning Commission refusing to permit the showing of the video of the shooting incident at the Bank as evidence to be considered by the Planning Commission in that the video shows there was no disturbance prior to the shooting as Sgt. Hephner testified and as other city officials testified was a factor in deciding to revoke the CUP. It was an error to refuse our attempt to introduced that video. 20) We also specifically appeal the decision of the Planning to not allow a continuance until such time as the video described in the previous paragraph may be admitted into evidence before the Planning Commission without the objection of the District Attorney, in other words, once the pending criminal cases have been resolved. It was an error that the continuance requested was not granted. 21) We also specifically appeal the decision of the Planning Commission which declined to give additional time for the Applicants/Appellants to locate Mr. Patrick Richardson, Director of Community Development for the City of Temecula at the time PA 08-03236 was approved (October 15, 2008). Mr. Richardson's testimony is necessary to refute the testimony of City Planner Stuart Fisk before the ALJ, in which Mr. Fisk testified that Mr. Richardson directed him to change the closing time on the Bank's CUP from 2:00 a.m. to 11:00 P.M. . It was an error not to grant additional time to permit Mr. Richardson to be located. THEREFORE: Applicant/Appellant specifically requests the Mayor and City Council of the City of Temecula to: 1) overturn the decision of Administrative Law Judge Nye -Perkins in this matter, and 2) reinstate CUP Modification Number PA 08-03236, with daily closing hours at 2:00 a.m. as the current CUP for the Bank Restaurant of Mexican Food, effective forthwith. Because of our uncertainty regarding the applicability of the use of the City of Temecula Planning Division's form entitled, "Appeal Application (Public Hearing)" we are employing this letter as Attachment "C" to the Appeal to the Temecula City Council (using the above -referenced form), which is filed by the owners of The Bank Restaurant of Mexican Food, located at 28645 5 Old Town Front Street, Temecula, CA 92590. This letter is attached as Exhibit "C" to the Appeal form appealing the above -referenced decision and is a part thereof as if fully stated in this letter and in the above -referenced form again. Alternatively, this letter may be used as the formal Appeal to the City Council as provided in the Temecula, California Municipal Code, Title 17 Zoning, Chapter 17.03 Administration of zoning, Section 17.03.085 ... A. Revocation 8. In such case the two Appeal forms referenced above are attached hereto as Attachments "A" and `B" respectively. Respectfully submitted, Milligan Beswick Levine & Knox, LLP Attorneys for Applicants/Appellants The Bank Restaurant of Mexican Food By: James F. Penman Of Counsel Attachments: Two (2), labeled Attachments "A" and `B" 6 CITY OF TEMECULATT�C1�1�1�NT PLANNING DIVISION roxo 41000 Main Street 951-694-6400 Temecula, CA 92590 TemeculaCA.gov/plaaning_ APPEAL SECTION A APPEAL APPLICATION (PUBLIC HEARING) NOTE: DO NOT USE THIS FORM FOR MASSAGE APPEALS. VISIT TEMECULACA.GOV/MASSAGE PROJECT INFORMATION Original Planning Application Number(s) PA 07-0314 Appealing the Decision of: D Director of Community Development ❑ Director's Hearing X Planning Commission Date of Decision March 1, 2023 brietly specify what action or decision is being appealed Confirmation of the decision n of Administrative Law Jude Nve.-Pe-rkin_s-_,,,,,_........ __. _......_..........g revo ing The Bank CUP See Attachment 6 attached hereto and incorporated herein by reference) ADDITIONAL PROJECT INFORMATION Assessor's Parcel No(s) 922036011 Legal Description (Tract, Lot No.) Town of Temecula, Lot 11 Street Address(es) 28645 Old Town Front St., Temecula CA 92590 General Location Front/Main Street APPLICANT/REPRESENTATIVE/OWNER INFORMATION Company The Bank of Mexican Food First Name 1Middle Initial Amanda I. Street Address 28645 Old Town Front St. City 'State Temecula CA E-mail my5kidsmama@gmail.com Last Lane Zip Phone 92590 (951) 378-0980 I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature 3 : ; 4� �,ov-Le. PLANNING APP. NO. FOR STAFF USE DATE STAMP REC'D BY PL-52 R.102/14/23 R:WPPLICATIONS\2022VAPPEAL PL 52.DOCX PG. 3/6 CITY OF TEMECULATTC��IE l 15 PLANNING DIVISION 41000 Main Street 951-694-6400 Temecula, CA 92590 TemeculaCA.gov/planning APPEAL SECTION A APPEAL APPLICATION (PUBLIC HEARING) NOTE: DO NOT USE THIS FORM FOR MASSAGE APPEALS. VISIT TEMECULACA.GOV/MASSAGE PROJECT INFORMATION Original Planning Application Number(s) PA 07-0314 Appealing the Decision of: Date of Decision ❑ Director of Community Development ❑ Director's Hearing -K Planning Commission March 1, 2023 Briefly specify what action or decision is being appealed Confirmation of the decision of Administrative Law Judge Nye -Perkins revok-irig..... The- Bank Cup ��ee Af£acT�merit C attached hereto and incorporated herein by reference). ADDITIONAL PROJECT INFORMATION Assessor's Parcel No(s) 922036011 Legal Description (Tract, Lot No.) Town of Temecula, Lot 11 Street Address(es) 28645 Old Town Front St., Temecula, CA 92590 General Location Front/Main Street APPLICANT/REPRESENTATIVE/OWNER INFORMATION Company The Bank of Mexican Food rlrSi Name Amanda 01reet rruuress 28645 Old Town City Temecula Middle Initial Last Lane James F. Penman Front St. Milligan, Beswick, Levine & Knox, LLP ;state Zip Phone 447 Redlands, CA*CA* 62374 Ste.201 CA 92590 t-man jpenman@mblklaw.org I certity that all filing requirements have been satisfied for my application. I further understand that an incomplete application capnot be accep ed for processing. Applicant's Signature PLANNING APP. NO. James F. Penman Attorney for Applicant/ FOR STAFFUSE Appellant DATE STAMP I REC'D BY PL-52 R-0211V23 R:WPPLICATIONS\202ZAPPEAL_PL_52DOCX PG. 3/6 CITY OF TEMECULA PLANNING DIVISION APPEAL 41000 Main Street 951-694-6400 Temecula, CA 92590 TemeculaCA.gov/planning SECTION A i APPEAL APPLICATION (PUBLIC HEARING) NOTE: DO NOT USE THIS FORM FOR MASSAGE APPEALS. VISIT TEMECULACA.GOV/MASSAGE PROJECT INFORMATION Original Planning Application Number(s) PA07-0314 Appealing the Decision of: Qate of Decision ❑ Director of Community Development ❑ Director's Hearing g Planning Commission 3/1/2023 Briefly specify what action or decision is being appealed Planning Commission Resolution No. 2023-04 revoking conditional use permit PA07-0314. ..................................................................................................................................................................... .................. ...... ....................... .... ............. ADDITIONAL PROJECT INFORMATION Assessor's Parcel No(s) 2022-922036011 Legal Description (Tract, Lot No.) Lots 10 and 11 BLK 27 MB 015/726 Street Address(es) 28645 Old Town Front Street Temecula, CA 92590 General Location Old Town Temecula APPLICANT/REPRESENTATIVE/OWNER INFORMATION Company (Owner) Zip Third Investments, LLC First Name Middle Initial Last Rick Edwards (Lawyer For Zip Third) Street Address 5021 Verdugo Way, Suite 105-408 City State Camarillo CA E-mail re@rickedwardsinc.com ip Phone 93012 310-277-6464, ext. 382 I certify that all filing requirements have been satisfied for my application. I further understand that an incomplete application cannot be accepted for processing. Applicant's Signature PLANNING APP. NO. FOR STAFF USE DATE STAMP RECEIVED MAR 10 2U23 CITY CLERK'S OFFICE REC'D BY PL-52 Re .2/14123 R.WPPLICATION512022WPPEAL_PL_52.DOCX PG. 3/6 SECTION B DESCRIPTION OF ACTION BEING APPEALED Specify if appealing an action of the Planning Director or the Planning Commission. Include the date of the decision to be appealed. Include the specific action that is being appealed, complete with original Planning Application Number(s), common name of project, general location of project, and any other supporting information. Please see attachment. SECTION C I WRITTEN DESCRIPTION TO SUPPORT APPEAL Include reason or justification to support the appeal. The Appellant must submit with this appeal each issue that the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. Please see attachment. SECTION D EVIDENCE TO SUPPORT POSITION The burden of proof to cause the appeal action to overturn the prior decision rests with the Appellant. If the Appeal is to the City Council, only those issues that were presented during previous hearings may be addressed. New evidence or issues may or may not be considered by the Council. Please see attachment. SECTION E I_ Include a statement concerning the retie Please see attachment. DESIRED ACTION TO BE TAKEN or action sought from the Planning Commission or Please see attachment for Sections B-E. PL-52 Rev.02/14/23 RIAPPLICATIONS12022WPPEAL_PL_52.DOCX PG. 4/6 ATTACHMENT TO APPEAL APPLICATION SECTION B- DESCRIPTION OF ACTION BEING APPEALED Planning Commission Resolution No. 2023-04 dated March 1, 2023, which states that it "confirms the decision of Administrative Law Judge Nye -Perkins revoking the Bank CUP." (Resolution, page 3.) SECTION C- WRITTEN DESCRIPTION TO SUPPORT APPEAL The "reason or justification to support the appeal" consists of the following: 1. Absence of Due Process and Failure to Comply with the City's Municipal Code. a. Inadequate notice to property owner of administrative citations and civil penalty letters. City Code Section 1.21.050 requires the following for effective service of citations: "B.[T]he enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation ... a copy of the administrative citation also shall be mailed to that address to the attention of the business owner or a responsible person. The mailing shall be sent by certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail." C. The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person ..." Enforcement official Tom Cole testified that citations were sent to Zip Third, of which Norman Solomon is the principal, only by regular mail: "A That is correct. I mailed them regular mail to Mr. Solomon and Ms. Moore. And to the agent or (sic) service [The Bank's agent] and I mailed them certified and regular mail." (Transcript Day 1, 183:18-20. ) These citations were sent during Covid. Mr. Solomon, age 76, was sheltering at home. His property manager did not notify him of regular mail. Certified mail would have been brought to his attention. As a permit holder, Zip Third was entitled to service which complied with the City Code. That service was not made. b. The Planning Commission's ignored the legal effect of the following: The City represented to the Administrative Law Judge, and the parties agreed, that there were two permit holders, the on -site business (The Bank restaurant) and the property owner: 1 Sol/Temecula.23/Appeal Application Attachment "ADMINISTRATIVE LAW JUDGE NYE-PERKINS: Am I hearing from you that there are two permit holders here, both the property owner and the restaurant operator? MS. PETRUSIS: Yes." (Transcript, 12:6-8.) The Judge concluded this colloquy with: "Okay. I have the parties' positions on that very critical issue. I believe from my personal review of this that the permit holder is both the property owner and The Bank." (Bolding added.) (Hearing Transcript Day 1,16:21-24.) Notwithstanding the City's agreement that there were two permit holders, the Planning Commission resolution, p. 2, Section 2 A, states: "A. The Planning Commission... hereby adopts the findings of fact and conclusions of law issued by Judge Nye -Perkins... subject to the following modifications (sic) finding that the permit holder of The Bank CUP is CNC Puma Corporation and also finding that the property owner is Zip Third Investments who has (sic) property interest in the BANK CUP which runs with the land." (Bolding added.) (PC RESOLUTION NO. 2023-04, p.2.) The City is free to adopt or reject the Administrative Law Judge's ruling. But it is not due process for the City -- after the hearing is over and the Judge has ruled -- to "modify" its own representation and agreement that "there are two permit holders here, both the property owner and the restaurant operator". No Court would allow that. "An oral stipulation made in open court constitutes not only an agreement between the parties, but also an agreement between them and the court. Thus, the court is bound to enforce such stipulations 'for the protection of its own honor and dignity.' [Linder v. Cooley (1963) 216 CA2d 390, 395, 31 CR 271, 274; Lyons v. Lyons (1961)190 CA2d 788, 790, 12 CR 349, 350]." (Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group rev. June 2022) ¶ 8:954.) The City should honor its representation and agreement. The City is not above the law. The property owner, Zip Third, does not contest the grounds to revoke the CUP as to one permit holder, the tenant, CNC Puma. More generally, the property owner, which currently owns the entire block where CNC's restaurant is situated, and whose principal, Mr. Solomon, owns four other Temecula properties, supports all reasonable efforts to better Old Town. It is a pathetic situation when, as here, a planning commissioner wisely recommends coming to Old Town only during daylight. But the City's overruling the Administrative Law Judge for agreeing with the City that there are two permit holders is not due process. It suggests an agenda to revoke the CUP as to both Sol/Temecula.23/Appeal Application Attachment permit holders by any means necessary. That throws the baby out with the bathwater. And it suggests recognition that the grounds to revoke as to the CUP -holding property owner are weak. Zip Third does not believe that the City has a malicious intention. But the consequences of the City's unfair (and illegal) position reversal are inconsistent with the City's representations that it is, as Mr. Watson testified, "business friendly" and talks to the property and business owners before issuing any citations: "You testified that the code enforcement situation is the City tries to be business friendly and that the City does not want to use a heavy hand as to owners, but instead to work collaboratively. I think I quoted that pretty accurately. Based on that, did you ever attempt to contact Mr. Solomon or anyone at Zip Third by hone for example? A No." (Transcript Day 1, 137:18-25.) "My question is you indicated that code enforcement reaches out to owners to act collaboratively. Did you reach out to this owner to act collaboratively, meaning a phone call or something that isn't an enforcement letter? That is my definition for purposes of this question? A No, we didn't." (Transcript Day 1, 138:3-9.) The tenant received full compliance with the City Code and standard practice: consultations before citations, certified mail service of citations, and more than a year's time to comply. In contrast, the property owner learned of the violations, and of the City's intention to revoke the CUP, in a 5:30 p.m. phone call from the City's lawyer on Friday, July 1. Notifying the property owner earlier would have produced prompt action. The property owner took prompt action after the July 1 phone call. That prompt action resulted in dismissal -- by property owner's motion and resultant court order -- of tenant's bankruptcy petition (dismissed before the revocation hearing commenced on August 31), and initiation of unlawful detainer proceedings. After systemic delays, those proceedings are set for trial March 30 in Riverside Superior Court. Additional due process "justification" of the appeal is: c. The City's failure to comply with City Code section 1.21.050, stating that property owners are not responsible for tenants' violations of a CUP. 2. Lack of the Required Clear and Convincing Evidence to Support Revocation. The property owner violated nothing. There has been no assertion that the property owner caused or contributed to a single violation. When informed of violations the property owner acted swiftly towards stopping them. Sol/Temecula.23/Appeal Application Attachment No one has suggested that the property owner or its principal is irresponsible, or crazy, or desires Old Town's environment to deter business. The property owner owns the entire block, which is prime Old Town property. Its principal has owned 9 Temecula properties and supports the City's growth and prosperity. The property owner aspires to remain a CUP holder, and to replace the tenant with a tenant who honors the CUP's conditions. SECTION D- EVIDENCE TO SUPPORT POSITION The entire record that was before the Planning Commission; Planning Commission Resolution No. 2023-04; Transcript of Planning Commission hearing held February 15, 2023. SECTION E- DESIRED ACTION TO BE TAKEN Zip Third Investments, LLC, requests that City Council decide not to revoke the CUP as to permit holder Zip Third, and, accordingly, not to confirm or adopt the decision of the Administrative Law Judge and not to confirm or adopt Planning Commission Resolution No. 2023-04 to the extent that decision to revoke and that resolution to revoke apply to Zip Third. 4 Sol/Temecula.23/Appeal Application Attachment S & ON F PUBLIC NOTICING REQUIREMENTS Information for this section may be obtained by requesting a "Radius Package" from a title insurance company. All information is required at the time the appeal is submitted. The following items are required and must be provided by the applicant: 1. TWO identical gummed label sets (30 labels per sheet). The labels must: a. Indicate all the nearest property owners' names, mailing address (including unit numbers) that are within a minimum of a 600-foot radius of the exterior boundaries of the project (including all exterior boundaries of all parcels if a project includes multiple parcels). This list must be ascertained from the last equalized assessment roll. b. Duplicate property owners must be crossed out. SAMPLE LABELS: Acceptable Example: Jane Doe 123 Main St., Unit 1 Temecula, CA 92591 Cross -out Duplicates: Jane Doe 123 Myra-3l• Unit 1 `.Tertlecula, CA 92591 c. A minimum of 30 individual/different property owners must be included after all duplicates are removed (even if a 600-foot radius is utilized) d. Include the Planning Application number on the header of the label sets (example below) IPA21-0004 Bob Builder �iildcr 123 Main Street 123vet 123Temecula, CA 92591 Temecula, CA 7 Temec�-11 Bo er nog er ilQer 123 Main 123 Main. 123 Main t Temecula, CA 9259 Temecula, CA 475 Temecula, CA82 2. TWO photocopies of the above label sets. 3. The TWO identical gummed label sets & photocopies must be placed in separate 9 1/2" x 12 1/2" manila envelopes. The envelopes shall include the below information on the front: Example Envelope. PA21-1001 Noticing Labels Set 1 of 2 4. TWO gummed labels with the mailing address for the property owner, applicant, engineer, and other representatives. Do not include duplicates if the owner, applicant, etc., are the same. These must be laced in a fetter -sized envelope that is stapled outside of one of the large manila envelopes mentioned in step 3. 5. Certification by the Title Company, engineer, or surveyor that the above list is complete and accurate. The Tax Assessor's Office will not prepare or certify the property owner list (see certification form attached). 6. A copy of the assessor's parcel map showing all the parcels within the noticing radius. On the map, print the names of all property owners within the noticing radius as they are listed on the gummed labels. If the names are not legible due to the size of the map/lots, a separate spreadsheet may be provided. PL-52 Rev02/14/23 R:VNPLICATIONSt2022WPPEAL PL 52.DOCX PG. 5/6 PROPERTY OWNERS CERTIFICATION I, Norman S. Solomon . certify that on 03108/2023 (Print Name) (Month -day -year) the attached property owners list was prepared by Provident Title Company _ pursuant to application requirements furnished by the City of Temecula Planning Department. Said list is a complete and true compilation of owner of the subject property and all other property owners within 600 feet (or the 30 nearest individual property owners, whichever creates the greatest number of public notices (persons owning multiple properties shall only be counted once) of the property involved in the application and is based upon the latest equalized assessment rolls. I further certify that the information filed is true and correct to the best of my knowledge_ I understand that incorrect or erroneous information may result in processing delays or be grounds for rejection or denial of the application. Name Norman S. Salomon_ Title/Registration Manager, Zip Third Investments LLC Address 3055 Wilshire Boulevard, No. 1010, Los Angeles, CA 90010 Phone (Daytime) (310) 355-96020 Signature Planning Application No. PA07-0314 Date 03/09/2023 i L-52 Jbex92Laa23 PG. 6/6 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Betsy Lowrey, Assistant to the City Manager DATE: April 25, 2023 SUBJECT: Approve Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association, for the Temecula Valley Balloon and Wine Festival PREPARED BY: Christine Damko, Economic Development Manager RECOMMENDATION: That the City Council approve a Sponsorship and Economic Development Funding Agreement with the Temecula Valley Balloon and Wine Festival Association, for the Temecula Valley Balloon and Wine Festival. BACKGROUND: The Temecula Valley Balloon and Wine Festival (TVBWF) continues to be a popular annual event that attracts thousands of residents and visitors to Temecula, including a growing market of out-of-state attendees. The event will be held on May 19, 20, and 21, 2023. The Economic Development Committee of the City Council (Mayor Pro Tern James Stewart and former Council Member Maryann Edwards) met on April 19, 2022 to review the sponsorship funding requests for Fiscal Year 2022-2023, and recommended annual support of the 2023 event in the amount of $27,000.00. The Temecula Valley Balloon and Wine Festival is held yearly at Lake Skinner Recreation area and the 2023 event will once again kick off with morning balloon launches, evening balloon glows, wine tasting, a wine competition and numerous food vendors. Local and regional breweries are also involved providing beer tasting and food pairings. Each day/evening music concerts are held featuring many different genres and popular talents. The Event includes one of the largest local arts and craft fairs, kids fair, plus local, and regional commercial product vendors. The Festival increases local spending and generates overnight stays at our local hotels. No commissions, consultant fees and/or salaries will be paid to any party utilizing the City of Temecula's sponsorship funding. The City will also be listed as the event's Premier Sponsor and will be provided maximum advertising opportunities that benefit the City. The Festival's marketing program includes: media kits, press releases, and photos plus promotions on radio stations that reach Riverside, Orange, Los Angeles and San Diego Counties; collateral materials and publicity campaigns targeting these same areas using newspapers and magazines. In addition, the Festival maintains their website and capitalizes on social media outlets like Facebook, Instagram and Twitter to impact social networking and provide information on the event and entertainment schedules. Pursuant to prior year funding agreements, the TVBWF submitted financial statements in early 2023 for the operations of the 2022 festival and will be required to submit financial statements of the 2023 festival operations by December 31, 2023. FISCAL IMPACT: Adequate funds for the Temecula Valley Balloon and Wine Festival have been included in the Fiscal Year 2022-2023 Annual Operating Budget for the recommended amount of Twenty -Seven Thousand Dollars and No Cents ($27,000.00). There is no fiscal impact associated with the promotional support. ATTACHMENTS: Sponsorship and Economic Development Funding Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY BALLOON AND WINE FESTIVAL ASSOCIATION THIS AGREEMENT is made and effective as of April 25, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Temecula Valley Balloon and Wine Festival Association, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree asfollows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Temecula Valley Balloon and Wine Festival (hereinafter referred to as the "Event") on May 19, May 20, and May 21, 2023. The Event is a special event which is located in the unincorporated area of Riverside County/Temecula Valley. b. The Event includes: morning balloon launches, evening balloon glows, wine tastings from local wineries, beer tasting from local breweries, food vendors, concerts featuring a variety of genres, each day/night. The event will also include a kid's faire and a commercial court with over 150 vendors. C. Alcohol will be served. d. The City desires to be a Premier Sponsor of the Event. 2. TERM This Agreement shall commence on April 25, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30,2023, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services, the City will provide use of the conference center for two training courses for volunteers, valued at an amount not to exceed, Two Hundred Fifty Dollars and No Cents ($250.00) and promotional services valued at an amount not to exceed Twenty Seven Thousand Dollars and No Cents ($27,000.00) for as listed in Exhibit B, the City of Temecula shall be designated as a Premier Sponsor of the Event. As a Premier Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds Twenty -Seven Thousand Dollars and No Cents ($27,000.00), the Nonprofit may seek City authorization for payment above that amount. b. The Nonprofit is requested to partner with the Temecula Valley Convention & Visitors Bureau ("TVCVB") to help promote the Event. The City of Temecula contracts with the TVCVB to generate Visitor -Related Economic Impact for the City of Temecula. This will include but not be limited to over -night room bookings, dining and shopping within the City of Temecula. Any media visits coordinated by the Nonprofit shall include an invitation to visit all Temecula entities (i.e. Old Town, wineries, golf). Secondly, the Nonprofit shall include in its basic press kit a press release provided by the TVCVB which focuses on the attractions of Temecula, including Old Town, golf, wineries, etc. This informational piece shall be provided to all media working with the Nonprofit or its representatives on festival -related stories. C. The Nonprofit shall support economies of the City of Temecula by promoting and utilizing local businesses (e.g. local food vendors, restaurants, wineries, crafters, etc.) first when competitive and practicable. d. Within 30 days of the effective date of this Agreement, Nonprofit shall submit a timeline showing the milestone dates that each Nonprofit marketing activity, including, but not limited to, public relations and media schedules, marketing measures and other promotional activities, will occur. The purpose of this provision is to ensure that the Nonprofit makes a good faith effort to maximize attendance at the Temecula Valley Balloon and Wine Festival. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant to the City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City is listed as a Premier Sponsor. The report shall include: • Guest Profile (Age & Attendance by region) Room Occupancy Comparative Analysis (Room bookings on non-event weekends vs. room bookings during the TVBWF 2023 Festival and Prior Year) • Visitor Statistics • Social Media Marketing highlights, promotional activity, and AD value equivalency Overall Effectiveness of marketing campaign (audience impressions and reach) 5. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than December 31, 2023. The financial review shall provide a general summary report on how funds were expended and used to benefit Temecula Valley residents and shall include documentation, including but not limited to, copies of invoices and receipts to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 2 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by May 1, 2023, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 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 ordisease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty -Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Nonprofit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula 3 Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VI I or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonprofit shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 4 12. 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 Recipient: Temecula Valley Balloon and Wine Festival Association Attn: Kellie Cantrell PO Box 1254 Temecula, CA 92593-1254 13. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 14. 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. 15. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The 5 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. E. 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: TEMECULA VALLEY BALLOON AND WINE FESTIVAL ASSOCIATION Kellie Cantrell, Executive Director By: By: r Randi Johl, City Clerk Scott Soares, Sr., President APPROVED AS TO FORM: By: By: Cz Doug Ingham, Treas er Peter M. Thorson, City Attorney CONSULTANT Temecula Valley Balloon and Wine Festival Association Kellie Cantrell PO Box 1254 Temecula CA 92593 951-676-6713 kellie@tvbwf.com City Purchasing Mr. Initials and Date: Irk 1 i EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS PREMIER SPONSOR Temecula Valley Balloon and Wine Festival Association shall provide the following benefits and services for the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster City of Temecula logo/name on event flyers • City of Temecula logo/name on eventt-shirt • 10 Temecula Valley Balloon and Wine Festival t-shirts 0 60 Temecula Valley Balloon and Wine Festival event tickets 25 Temecula Valley Balloon and Wine Festival parking passes "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. H-1 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Temecula Valley Balloon and Wine Festival event. The following expenses can beanticipated for the event: Community Services: $250.00 TOTAL: $250.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for promotional assistance provided by The City of Temecula for the Temecula Valley Balloon and Wine Festival is as follows: ROM Value Cash $ 27,000.00 In the event the City replaces Temecula Valley Balloon and Wine Festival street pole banners, the cost to do so will be deducted from the cash funding. �7 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 25, 2023 SUBJECT: Approve Agreement for the Temecula Home Repair Program with Habitat for Humanity PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council approve the agreement with Habitat for Humanity for the Temecula Home Repair Program and appropriate $500,000 from the Community Reinvestment Program Fund, as approved conceptually by Council as part of the COVID-19 Pandemic Community Reinvestment Program for fiscal year 2022-23. BACKGROUND: At the March 8, 2022, City Council meeting, the City Council approved the COVID-19 Pandemic Community Reinvestment Program, which included $500,000 for low/moderate income household critical home improvements. These funds were specifically earmarked for Habitat for Humanity who has provided a similar program through the City's Community Development Block Grant (CDBG) program. FISCAL IMPACT: The cost of this agreement is $500,000, which was previously approved by the City Council during COVID-19 Pandemic Community Reinvestment Program meetings. Adequate funds will be placed in account 110.199.105.5267. ATTACHMENTS: 1. Agreement 2. Program Guidelines CITY OF TEMECULA TEMECULA HOME REPAIR PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT ("Agreement") is dated April 25, 2023, (the "Effective Date") and is between the City of Temecula (the "City"), a municipal corporation, and Habitat for Humanity Inland Valley, Inc. (the "Grantee"), a nonprofit public benefit corporation. RECITALS WHEREAS, the economic challenges faced by qualified low and moderate income homeowners of the City of Temecula have negatively impacted their ability to maintain their properties; and WHEREAS, the City desires to grant a portion of COVID-19 Pandemic Community Reinvestment program funds for Fiscal Year 2022-2023 and Fiscal Year 2023-2024 to the Grantee (the "Grant" or "Grant Funds") for providing a housing rehabilitation program titled, "Temecula Home Repair Program" (the "Program"), for qualified low and moderate income homeowners of the City of Temecula. NOW, THEREFORE, the parties agree as follows: TERM. The term of this Agreement shall start as of the Effective Date and end June 30, 2024, unless a one-year extension is approved in writing by the City Manager, or his or her designee. Upon the expiration of this Agreement, Grantee shall transfer to the City any remaining Grant Funds on hand, and any accounts attributable to the use of the Grant Funds received by Grantee under this Agreement. 2. USE OF FUNDS. Grantee shall use all Grant Funds provided to the Grantee solely for the Program pursuant to the terms and conditions of this Agreement. The Program Guidelines are more particularly set forth in Exhibit "A" attached hereto and incorporated by reference. The Grant Funds shall be used solely to pay for actual expenses incurred by the Grantee for the Program. Grantee shall not use the Grant Funds for the payment of any compensation, salaries, or benefits for directors, officers, or full-time or part-time employees of the Grantee except for reasonable reimbursement of necessary expenses in implementing the uses of the Grant Funds authorized by this Agreement and direct project staffing and indirect program costs per the Program budget included in the Guidelines. All unexpended Grant Funds shall be returned to the City at the end of the Agreement term. Any interest earned on Grant Funds shall be put towards the implementation of the Program. 3. SCOPE OF SERVICES. The Grantee shall administer, including providing all necessary or reasonable labor, materials, services, supervision, tools, equipment, licenses, and permits, the Program, as set forth in Exhibit "A". 4. FUNDS. The City agrees to provide Grantee with Grant Funds in an amount not to exceed $500,000.00, in a manner outlined in Section 5 of this Agreement for the Grantee's program costs. The City shall disburse the Grant Funds up front, as provided in Section 5 (Payment) of this Agreement. Grantee shall provide copies of all invoice(s), bank statements, etc., concerning the use of Grant Funds, as required in a timely manner. Grant Funds may only be used for those verified expenses outlined in the Program. The Grantee is prohibited from using Grant Funds for political activities, religious activities, lobbying, or nepotism. 5. PAYMENT. The City shall make two payments of Grant Funds to the Grantee upon Grantee's submittal and the City's approval, and execution of this Agreement, and Grantee's continued compliance with this Agreement and the Program requirements. The first payment, in the amount of $250,000.00, shall be made in a reasonable timeframe after the execution of this Agreement. The second payment, in the amount $250,000.00, shall be made once seventy percent (70%) of the initial Grant Funds have been expended in compliance with this Agreement, and all Program requirements. 6. MAINTENANCE OF FUNDS. All Grant Funds received by Grantee shall be maintained in an account separate and apart from all other funds of Grantee with a bank or savings and loan association qualified to do business in the State of California and insured by the Federal Deposit Insurance Corporation ("FDIC"). In the event that the amount of Grant Funds exceeds the FDIC insurance limit, the Grant Funds shall be split up and deposited in more than one bank, with no more than the amount of the FDIC insurance limit being deposited in one bank, and each bank shall be insured by the FDIC. 7. PROCUREMENT. Grantee shall not use funds received from the City pursuant to this Agreement to procure materials, equipment or property or acquire or improve real property, not related to the Program guidelines outlined in Exhibit A (the "Guidelines"). The City is providing funding for Grantee's Program as specified in Exhibit A. 8. REPRESENTATIONS AND WARRANTIES. The Grantee hereby represents and warrants to the City as follows: The Grantee has read and is familiar with all of the terms and provisions of the Guidelines. The Grantee's intended uses of the Grant Funds are permitted uses under the Guidelines. 9. AUDITING. All Grantee records with respect to any matters covered by this Agreement shall be made available to the City or any of its authorized representatives at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within sixty (60) calendar days after receipt of notice by the Grantee of such deficiencies. Failure of the Grantee to comply with the above audit requirements will constitute a default under this Agreement and may result in the withholding of future payments. In addition, the Grantee shall be subject to random audits by the City in its administration of the Program. 10. REPORTING. The Grantee shall provide City or any authorized recipient, any reports, forms, or other documentation required by this Agreement, the Guidelines, and any applicable law. The Grantee shall provide the City with such reports and information as the City may reasonably request in order to allow the City to comply with this Agreement, the Guidelines, and any applicable law. The Grantee's obligations under this Section shall survive the termination of this Agreement. If the Grantee fails to follow the reporting requirements, the Grantee may be required to reimburse Grant Funds already disbursed to it, to the extent such funds have not been properly spent under the Guidelines. However, prior to making any demand to reimburse Grant Funds under this section, Grantee shall receive thirty (30) days' notice and an opportunity to cure any alleged reporting deficiencies. 11. LICENSING. The Grantee shall obtain and maintain all licenses, registrations, accreditation, and inspections from all agencies governing its activities under this Agreement. The Grantee shall ensure that its staff shall also obtain and maintain all required licenses, registrations accreditation and inspections from all agencies governing the Grantee's activities under this Agreement. 12. RECORDS. The Grantee shall maintain all records as to the use and expenditure of funds under this Agreement, as well as all documents pertaining to the Program and required reporting records. All documents and records shall be made available for inspection and copying during normal business hours by the City. The Grantee shall retain all financial records, supporting documents, statistical records and all other records pertinent to this Agreement for four (4) years from the termination or expiration of this Agreement. Notwithstanding the above, if there is litigation, claims, audits, or other actions that arise out of the Program in any way (collectively "Claims"), and notice of such Claims has been provided to City or Grantee, before the expiration of the four-year period, then such records shall be retained by Grantee until resolution of the Claims, or the expiration of the four-year period, whichever occurs later. 13. INDEMNIFICATION. A. The Grantee agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Grantee's 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 sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. B. City does not, and shall not, waive any rights that it may possess against the Grantee because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense. The Grantee agrees that the Grantee's covenant under this Section shall survive the expiration or termination of this Agreement. C. Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Grantee, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Grantee or to its successor, or for breach of any obligation of the terms of this Agreement. 14. INSURANCE. Grantee shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property arising in any manner from Grantee's activities funded pursuant to this Agreement or in connection with the activities of the Grantee, its agents, representatives, or employees. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: -) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 22 Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Grantee owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3J Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Grantee has no employees while performing under this Agreement, worker's compensation insurance is not required, but Grantee shall execute a declaration that it has no employees. B. Minimum Limits of Insurance. Grantee shall maintain limits no less than: 1) General Liability: One million dollars ($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. 22) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage. -31 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. Q. Deductible and Self -Insured Retention. Consultant agrees any deductibles and self -insured retentions shall not exceed Seven Hundred Fifty Thousand dollars and No Cents ($750,000). D.. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1n The City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Temecula Housing Authority and their officers, officials, employees and volunteers are to be covered as additional, insureds as respects: liability arising out of activities performed by or on behalf of the Grantee; premises owned, occupied or used by the Grantee; or automobiles owned, leased, hired or borrowed by the Grantee. The coverage shall contain no special limitations on the scope of protection afforded to the City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Temecula Housing Authority and their officers, officials, employees or volunteers. 21 For any claims related to this project, the Grantee's insurance coverage shall be primary insurance as respects the City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Temecula Housing Authority and their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Temecula Housing Authority and their officers, officials, employees or volunteers shall be excess of the Grantee's insurance and shall not contribute with it. :b Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the of City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 44) The Grantee'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. 5Q Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII, unless otherwise approved in writing by the City Manager in his sole discretion. F Verification of Coverage. Grantee 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 Grantee's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 15 SUSPENSION AND TERMINATION, A. City may terminate this Agreement upon sixty (60) calendar days' written notice to the Grantee. Additionally, City may terminate this Agreement upon seven (7) calendar days' written notice to the Grantee if City determines in its sole discretion that such action is necessary to respond to an earthquake, fire or other act of God. In the event of termination, the Grantee shall be entitled to reimbursement only for eligible expenses incurred up to the effective date of termination. B. The City may suspend or terminate this Agreement if the Grantee materially fails to comply with any term of this Agreement, which include, without limitation, the following: 1) Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, or directives as may become applicable at any time; 2) Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this Agreement; 3) Improper use of funds provided under this Agreement; or 4) Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect, after Grantee has had sixty (60) days' notice and an opportunity to cure any such deficiencies identified in such reports. C. This Agreement may also be terminated for convenience by the City or the Grantee, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purpose for which the Agreement was made, the City may terminate this Agreement in its entirety. However, City shall provide Grantee sixty (60) days' notice of any termination for convenience under this section. D. If the City demands full or partial repayment of any unused Grant Funds due to the Grantee's failure to comply with any applicable term of this Agreement, including the Guidelines, the Grantee shall repay the City within seven business days. 16. INDEPENDENT CONTRACTOR. Neither the City nor any of its employees shall have any control over the manner, mode or means by which the Grantee, its agents or employees, implements the Program as required herein, except as otherwise set forth herein. The City shall have no authority over of influence upon the selection, discharge, supervision or control of the Grantee's employees, servants, representatives or agents, or in fixing their number, compensation, or hours of service. The Grantee shall implement the Program as required herein as an independent contractor of the City and shall remain at all times as to the City a wholly independent contractor with only such obligations as are consistent with this role. The Grantee shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the City. The City shall not in any way or for any purpose become or be deemed to be a partner of the Grantee in its business, a joint venture, or a member of any joint enterprise with the Grantee. The City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Grantee is an independent contractor. 17 CITY RECOGNITION. The Grantee shall insure recognition of the role of the City in administering the Program through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Grantee will include a reference to the support provided by the City in this Program, in all publications that were made possible with the Grant Funds provided under this Agreement. 18. SUBCONTRACTING AND ASSIGNMENT. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City. The Grantee shall furnish and cause each of its approved subcontractors to furnish all information and reports required under this Agreement and will permit access to its books, records and accounts by the City or its agents for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated in this Agreement. The Grantee shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Grantee's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 19. WAIVER. Waiver by either party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to the Grantee constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Grantee, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. ENTIRE AGREEMENT AND MODIFICATION. This Agreement contains the entire agreement of the parties and supersedes all other prior negotiations, understandings or agreements. This Agreement may be modified only by the written consent of the parties. The City may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and the Grantee. 21 NON-DISCRIMINATION COVENANTS. Grantee covenants and agrees that it shall comply with the Unruh Civil Rights Act (California Civil Code Section 51) and that there shall be no discrimination against or segregation of any person or group of persons on account of the bases set forth in the Act. 22. NOTICE. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid first class mail, to the following addresses: To City: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Grantee: Habitat for Humanity Inland Valley Attn: Executive Director 27475 Ynez Road, #390 Temecula, CA 92591 Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in 72 hours from the time of mailing if mailed as provided in this Section. 23. CORPORATE AUTHORITY. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) such persons are duly authorized to execute and deliver this Agreement, on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 24. HEADINGS. The headings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 25 SEVERABILITY. If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall remain in full force and effect. 22 . The City and Grantee 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. 27. COMPLIANCE WITH LAW. Grantee shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect the Grantee or those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Grantee shall at all times observe and comply with all such ordinances, laws and regulations. 28. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, either direct or indirect in: this Agreement, the proceeds thereof, the Grantee, or Grantee's sub -contractors. Grantee hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Grantee. Grantee 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. 29. NO THIRD -PARTY BENEFICIARIES INTENDED. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire any rights by virtue of this Agreement. [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its officers on the date written introductory clause. CITY OF TEMECULA BY: Attest: Aaron Adams, City Manager City of Temecula Randi Johl City Clerk Approved as to Form: Peter M. Thorson City Attorney GRANTEE HABITAT FORMW1%Afd1TY JNVLAND VALLEY, INC. BY: LM arine Chief Executive Officer (� nn't-�' 0 2, "-A,- Connie French Board Chair EXHIBIT "A" PROGRAM IMPLEMENTATION GUIDELINES Aft The Heart of Southern California Wine Country CITY OF TEMECULA TEMECULA HOME REPAIR PROGRAM GUIDELINES March 2023 Temecula Home Repair - Program Guidelines Page 1 of 6 Contents Introduction.............................................................................................................................. 3 ProgramDescription................................................................................................................ 3 ProgramBudget...................................................................................................................... 3 ProgramEligibility..................................................................................................................... 4 Reporting and Documentation.............................................................................................. 4 Conflictof Interest................................................................................................................... 5 Program Guidelines Changes or Modifications.................................................................... 5 Applicant Confidentiality........................................................................................................ 6 Nondiscrimination.................................................................................................................... 6 Program/Marketing................................................................................................................. 6 Temecula Home Repair - Program Guidelines Page 2 of 6 Introduction As a result of the COVID-19 pandemic, the City of Temecula desires to reinvest funds in the community to assist with home repairs for homeowners who make below 80% of Area Median Income (AMI). The funds will help homeowners with critical repairs such as roof repairs, HVAC repairs, and other similar repairs that make material improvements for the health, safety, and quality of life for our residents. This program will be administered by a Grantee, in compliance with the program requirements. Program Description The Temecula Home Repair Program looks to provide minor and major exterior home repair grants to qualified low-income households within the City of Temecula. A qualified low-income household shall mean homeowners that earn 80% of the Area Median Income (AMI). Qualified repairs may include: • Roof/repairs/replacements ■ Heating, Ventilation, and Air Conditioning (HVAC) repairs and replacements • Window retrofits • Wheelchair lifts • Accessibility improvements • Exterior home painting • Fascia repair • Life safety repairs (smoke alarms, carbon monoxide alarms, etc.) • Unsafe patio/deck repair/replacement • Water heater repair/replacement • Other similar maintenance projects The program shall include rigorous verification of income qualifications, need, project quality, compliance with all local, state, and federal regulations, and ultimately project completion. Program Budget The program budget shall be as follows: Project Expense Amount Direct Project Staffing $30,000 Job Materials and Supplies $20,000 Subcontractors $400,000 Indirect Overhead Costs 10% $50,000 Total Budget $500,000 Indirect overhead costs shall not exceed the percentage of total budget (10%) as listed above. If the project expends less than the total budget amount, the indirect overhead costs shall not exceed the total percent identified of the revised amount. Temecula Home Repair - Program Guidelines Page 3 of 6 Program Eligibility To determine program eligibility, the Grantee will determine that all beneficiaries meet the following qualifications. 1. The beneficiary may only use the program once during the term of the agreement. The one-time use may include multiple repairs. 2. An individual address may only use the program once during the term of the agreement, regardless of any change in ownership that may occur during the program. 3. Expenditures are limited to a $20,000 maximum per household. 4. Income eligibility requirements must be met, as listed below. To determine income eligibility, the Grantee will use the annual income as defined by the United States Department of Housing and Urban Development (HUD). This definition is commonly called the Part 5 method. This eligibility table may be replaced by future HUD updates, as listed on�)ttps://www.-hiduser.gov/.portal/datasets/il.htmi. Riverside -San Bernardino -Ontario, California MSA Family 1 person 2 3 4 5 ��6 7 8 Size people people people people a people Income Limit $ 49,300 $56,350 $63,400 $70,400 $76,050 $81,700 $87,300 $92,950 Reporting and Documentation The Grantee shall provide detailed reporting and documentation to verify that all funds are expended in accordance with all local, state, and federal regulations, as well as requirements outlined in the agreement, and these program guidelines. Additionally, all accounting shall follow Generally Accepted Accounting Principles (GAAP). Documentation shall include: • Date of Request • Project name with a unique number attached to each project • Project address • Project name • Owner's name • Owner's phone • Income verification and eligibility • Phone number responsible person • Signature of responsible person • Title of responsible person • A detailed breakdown of all costs expended for each project verification, including: o Description of work o Project costs o Expended amount Temecula Home Repair - Program Guidelines Page 4 of 6 o Funding through other sources o Notes that provide additional details on the project • Contractor and subcontractor estimates • Project work scope • Contractor agreements o Including a conflict -of -interest statement • Invoices with details • Copies payment • Employee records if billed against the project • Time sheets detailing program requirements • A Certificate of Completion • Photos o Date stamped photos of before project o Date stamped photos of after project • A running list of all projects that includes: o Unique project number o Total expenditures for the project o Quarter in which the project was completed Reporting shall be provided on a quarterly basis (on a regular fiscal quarter system), with reports provided on the following schedule: Reporting Period Reporting Due Date Quarter 1, 2023 Aril 15, 2023 Quarter 2, 2023 July 15, 2023 Quarter 3, 2023 October 15, 2023 Quarter 4, 2023 January 15, 2024 Quarter 1, 2024 Aril 15, 2024 Quarter 2, 2024 July 15, 2024 Conflict of Interest No member of the governing body and no official, employee or agent of the local government, nor any other person, either for themselves or those with whom they have business or immediate family ties, who exercises policy or decision -making responsibilities will financially benefit from this program. Program Guidelines Changes or Modifications Minor changes to these Implementation Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes may be performed with the approval of the Community Development Department. Temecula Home Repair - Program Guidelines Page 5 of 6 Applicant Confidentiality Grantees City will not disclose any applicant's personal confidential information as part of the program. All confidential information of applicants will be kept in a locked secured storage facility or password protected electronic files and unavailable to persons outside of the program. Nondiscrimination The Program shall be implemented consistent with the City's commitment to State and Federal equal opportunity laws. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with program funds on the basis of their disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identity, gender expression, genetic information, or other arbitrary discrimination. The Grantee will provide reasonable accommodations and/or modifications or provide language assistance to individuals requesting such assistance to benefit from the services provided by the Program. Program/Marketing Program marketing shall be initiated by the Grantee. The Grantee may also request City support of the program, with adequate notification. Marketing will include: • Social Media postings/ Public Service Announcements/ Advertisements in a media of general circulation. • Public service announcements on City cable television. • Posting at community centers and other locations where individuals and families seek services; • Any other means of advertising as approved by deemed appropriate by the Community Development Department. Marketing and outreach shall facilitate fair access and transparency. The program shall not rely solely on web -based marketing and outreach. Alternative, non -digital forms may include electronic display board advertisements, or shared marketing with other entities/ organizations providing emergency assistance. Information for applicants shall include any necessary pandemic related disclosures and social distancing guidelines. A log shall be kept to document marketing and outreach to individuals and families who may be eligible for the Program. Temecula Home Repair - Program Guidelines Page 6 of 6 Alft 4T The Heart of Southern California Wine Country CITY OF TEMECULA TEMECULA HOME REPAIR PROGRAM GUIDELINES March 2023 Temecula Home Repair - Program Guidelines Page 1 of 6 Contents Introduction................................................................................................................................... 3 ProgramDescription.................................................................................................................... 3 ProgramBudget........................................................................................................................... 3 ProgramEligibility..........................................................................................................................4 Reporting and Documentation..................................................................................................4 Conflictof Interest........................................................................................................................ 5 Program Guidelines Changes or Modifications....................................................................... 5 ApplicantConfidentiality............................................................................................................ 6 Nondiscrimination......................................................................................................................... 6 Program/Marketing...................................................................................................................... 6 Temecula Home Repair - Program Guidelines Page 2 of 6 Introduction As a result of the COVID-19 pandemic, the City of Temecula desires to reinvest funds in the community to assist with home repairs for homeowners who make below 80% of Area Median Income (AMI). The funds will help homeowners with critical repairs such as roof repairs, HVAC repairs, and other similar repairs that make material improvements for the health, safety, and quality of life for our residents. This program will be administered by a Grantee, in compliance with the program requirements. Program Description The Temecula Home Repair Program looks to provide minor and major exterior home repair grants to qualified low-income households within the City of Temecula. A qualified low-income household shall mean homeowners that earn 80% of the Area Median Income (AMI). Qualified repairs may include: • Roof/repairs/replacements • Heating, Ventilation, and Air Conditioning (HVAC) repairs and replacements • Window retrofits • Wheelchair lifts • Accessibility improvements • Exterior home painting • Fascia repair • Life safety repairs (smoke alarms, carbon monoxide alarms, etc.) • Unsafe patio/deck repair/replacement • Water heater repair/replacement • Other similar maintenance projects The program shall include rigorous verification of income qualifications, need, project quality, compliance with all local, state, and federal regulations, and ultimately project completion. Program Budget The program budget shall be as follows: Project Expense Amount Direct Project Staffing $30,000 Job Materials and Supplies $20,000 Subcontractors $400,000 Indirect Overhead Costs 10% $50,000 Total Budget $500,000 Indirect overhead costs shall not exceed the percentage of total budget (10%) as listed above. If the project expends less than the total budget amount, the indirect overhead costs shall not exceed the total percent identified of the revised amount. Temecula Home Repair - Program Guidelines Page 3 of 6 Program Eligibility To determine program eligibility, the Grantee will determine that all beneficiaries meet the following qualifications. 1. The beneficiary may only use the program once during the term of the agreement. The one-time use may include multiple repairs. 2. An individual address may only use the program once during the term of the agreement, regardless of any change in ownership that may occur during the program. 3. Expenditures are limited to a $20,000 maximum per household. 4. Income eligibility requirements must be met, as listed below. To determine income eligibility, the Grantee will use the annual income as defined by the United States Department of Housing and Urban Development (HUD). This definition is commonly called the Part 5 method. This eligibility table may be replaced by future HUD updates, as listed on https://www.huduser.gov/portal/datasets/il.html. Riverside -San Bernardino -Ontario, California MSA Family 1 person 2 3 4 5 6 7 8 Size people people people people people people people Income 49,300 Limit $ $56,350 $63,400 $70,400 $76,050 $81,700 $87,300 $92,950 Reporting and Documentation The Grantee shall provide detailed reporting and documentation to verify that all funds are expended in accordance with all local, state, and federal regulations, as well as requirements outlined in the agreement, and these program guidelines. Additionally, all accounting shall follow Generally Accepted Accounting Principles (GAAP). Documentation shall include: • Date of Request • Project name with a unique number attached to each project • Project address • Project name • Owner's name • Owner's phone • Income verification and eligibility • Phone number responsible person • Signature of responsible person • Title of responsible person • A detailed breakdown of all costs expended for each project verification, including: o Description of work o Project costs o Expended amount Temecula Home Repair - Program Guidelines Page 4 of 6 o Funding through other sources o Notes that provide additional details on the project • Contractor and subcontractor estimates • Project work scope • Contractor agreements o Including a conflict -of -interest statement • Invoices with details • Copies payment • Employee records if billed against the project • Time sheets detailing program requirements • A Certificate of Completion • Photos o Date stamped photos of before project o Date stamped photos of after project • A running list of all projects that includes: o Unique project number o Total expenditures for the project o Quarter in which the project was completed Reporting shall be provided on a quarterly basis (on a regular fiscal quarter system), with reports provided on the following schedule: Reporting Period Reporting Due Date Quarter 1, 2023 April 15, 2023 Quarter 2, 2023 July 15, 2023 Quarter 3, 2023 October 15, 2023 Quarter 4, 2023 January 15, 2024 Quarter 1, 2024 April 15, 2024 Quarter 2, 2024 July 15, 2024 Conflict of Interest No member of the governing body and no official, employee or agent of the local government, nor any other person, either for themselves or those with whom they have business or immediate family ties, who exercises policy or decision -making responsibilities will financially benefit from this program. Program Guidelines Changes or Modifications Minor changes to these Implementation Guidelines involving administrative procedures or accommodations to adapt to unique applicant situations or opportunities, or regulatory changes may be performed with the approval of the Community Development Department. Temecula Home Repair - Program Guidelines Page 5 of 6 Applicant Confidentiality Grantees City will not disclose any applicant's personal confidential information as part of the program. All confidential information of applicants will be kept in a locked secured storage facility or password protected electronic files and unavailable to persons outside of the program. Nondiscrimination The Program shall be implemented consistent with the City's commitment to State and Federal equal opportunity laws. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with program funds on the basis of their disability, family status, national origin, race, color, religion, sex, marital status, medical condition, ancestry, source of income, age, sexual orientation, gender identify, gender expression, genetic information, or other arbitrary discrimination. The Grantee will provide reasonable accommodations and/or modifications or provide language assistance to individuals requesting such assistance to benefit from the services provided by the Program. Program/Marketing Program marketing shall be initiated by the Grantee. The Grantee may also request City support of the program, with adequate notification. Marketing will include: • Social Media postings/ Public Service Announcements/ Advertisements in a media of general circulation. • Public service announcements on City cable television. • Posting at community centers and other locations where individuals and families seek services; • Any other means of advertising as approved by deemed appropriate by the Community Development Department. Marketing and outreach shall facilitate fair access and transparency. The program shall not rely solely on web -based marketing and outreach. Alternative, non -digital forms may include electronic display board advertisements, or shared marketing with other entities/ organizations providing emergency assistance. Information for applicants shall include any necessary pandemic related disclosures and social distancing guidelines. A log shall be kept to document marketing and outreach to individuals and families who may be eligible for the Program. Temecula Home Repair - Program Guidelines Page 6 of 6 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 25, 2023 SUBJECT: Approve Agreement for Consultant Services with Fehr & Peers, Inc., for Complete Streets Policy Document PREPARED BY: Katie Garcia, Planning Technician RECOMMENDATION: That the City Council approve an agreement for consultant services with Fehr & Peers, Inc., in the amount of $59,500, for the Complete Streets Policy Document. BACKGROUND: Fehr & Peers will provide a Complete Streets Policy Document for the City of Temecula to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. This document will contribute to the future General Plan update. FISCAL IMPACT: The $59,500 consultant fee is completely funded by the Local Early Action Planning (LEAP) Program Grant and budgeted in the Comprehensive General Plan Update Capital Improvement Project for the Complete Streets Policy Document. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FEHR & PEERS, INC. COMPLETE STREETS THIS AGREEMENT is made and effective as of April 25, 2023 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Fehr & Peers, Inc. 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 April 25, 2023 and shall remain and continue in effect until tasks described herein are completed, but in no event later than April 25, 2024 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. 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 fifty- nine thousand five hundred dollars and zero cents ($59,500.00), for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Council 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 of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed 08/09/2021 fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 08/09/2021 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. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS a. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. C. Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other O8/09/2021 form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. 08/09/2021 f. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION 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 08/09/2021 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: Fehr & Peers, Inc. Attn: Katy Cole 555 West Beech Street, Suite 302 San Diego, CA 92101 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 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 08/09/2021 No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 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. Rand! Johl, City Clerk APPROVED AS TO FORM: By: FEHR & PEERS, INC. By. cl� Sa Brandenberg, Principal Steve Brown, Principal Peter M. Thorson, City Attorney CONSULTANT Fehr & Peers, Inc. Attn: Katv Cole 655 West Beech St., Suite 302 _San Diego, CA 92101 619-234-3190 -K.Cole@fehrandpeers.com City Purchasing Mgr. Initials and Date: 13 08/09/2021 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 08/09/2021 EXHIBIT B Payment Rates and Schedule Cost for services shall be as per Contractor's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed 5950for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 08/09/2021 FEHRtPEERS February 8, 2023 Matt Peters, Senior Planner City of Temecu la 41000 Main St, Temecula, CA 92590 Subject: Proposal forthe City of Temecula Complete Streets Policy Development Dear Matt, Fehr & Peers is pleased to submit this proposal to work with the City of Temecula (the City) in developing a Complete Streets Policy (herein referred to as the "project"). The Fehr & Peers team is well versed in complete streets policy, design, and planning throughout the western United States and our team has worked on transportation related projects in the City of Temecula for many years. We will combine our subject matter experience and local familiarity to craft a city-wide policy representative of the City's values to balance the needs of all travel modes. This proposal includes a brief discussion of our project understanding followed by our proposed scope of work, staffing plan, fee, and schedule. Project Understanding This project will draft a citywide policy for the City of Temecula to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. Currently the City's roadway network supports a mostly suburban land use context, but the City is dedicated to reducing congestion and increasing access for all modes of transportation. As a result, the City adopted the Multi -Use Trails and Bikeways Masterplan in 2016 that outlines plans for future trails and bicycle infrastructure. Adoption of a Complete Streets Policy will reinforce the City's commitment to Complete Streets implementation by developing clear and defined values to support balancing the roadway for all modes. There are several benefits to developing a Complete Streets Policy: • Provides clear and defined goals and values around developing complete streets infrastructure. uIz .,u ',.s,s IliL-_4I-ti 1IK!LfI ir;izys I-S'y1, j f.r. infzil-n-_.-k).OltL Y O 1 e'i!IeCU1 a C.Of71pti'ti. 5kY"E'i'T.J Poili_,y 7i'r:iOr)Si I • Creates a policy framework and accountability for the implementation of Complete Streets. • Demonstrates the City's commitment to complete streets in grant applications. • Providing complete streets infrastructure has co -benefits such as encouraging active transportation modes that can reduce VMT and help achieve climate action goals. • Will inform the General Plan update. Specifically, this project will: • Review existing best practices in Complete Streets Policy. • Develop a complete streets checklist/decision tree that can be used internally to ensure that transportation infrastructure projects (new facilities, upgraded facilities, and maintenance projects) are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents that the City has adopted • Provide basic mid -block crossing criteria to address requests for crosswalks. • Conduct stakeholder outreach to inform these internal tools and criteria. The project's scope is below. Ultimately, at the end of the project, the City of Temecula will have a Complete Streets Policy document (appropriate for Council adoption) and checklists/decision tree diagrams that can be used for infrastructure project review. Scope of Work Task 1: Project Initiation and Management Plan and facilitate a Project Kick -Off meeting with the project team to discuss project goals, objectives, schedule, and risks; and strategize effective ways to engage and involve City Staff, City Council Sub - Committee, and Planning Commission Sub -Committee. We anticipate the meeting will be held virtually. The various project components and anticipated schedule will be confirmed. DELIVERABLES • Kickoff Meeting Agenda and materials for all attendees. • Notes summarizing the Kickoff Meeting including list of action items. • Monthly invoices showing the previous month's billing by hours and tasks, percentage of project completion to date by task, a project status report by task, and comments on the project's schedule status. Task 2: Best Practices Review/City Planning Document Review In this task, Fehr& Peers will research up to three (3) complete street policies (and implementation checklists) from around the nation that are similar in size and context to City of Temecula. We will develop a memo that summarizes our findings and best practices. LIt\/ Oi T eineCUIa CoIT1pk'k, St "nIl(=v/ Pop) ),,I Additionally, we will document the presence of complete streets language, policies, and projects in existing City of Temecula adopted plans and guidelines. The research will provide a matrix that lists all City of Temecula documents that allude to or reference complete streets and will provide a brief summary of the type of reference (whether it is a broad goal, policy, project, guideline, or something else). We anticipate summarizing language contained in documents such as the Multi -use Trails and Bikeways Master Plan (2016), the Specific Plans, the Planned Development Overlay Districts, etc. The purpose of this exercise will be to develop a complete streets policy and implementation checklist that reflects the approach that City staff would like to follow related to the commitment to complete streets, while also identifying opportunities for improvement. Using the research, we will develop sample complete streets policy language and implementation checklist (that could be used by internal City departments) to ensure that complete streets elements are considered during transportation project implementation/construction. DELIVERABLES ■ Memo summarizing best practices of up to (3) adopted complete street policies. ■ Brief memo and matrix of Temecula planning documents that allude to or directly address complete streets. The memo will also include some preliminary options for a complete streets checklist/decision tree and sample complete streets policy language. Task 3: Stakeholder Workshops Using the findings from Task 2 and our subject matter expertise, Fehr& Peers will host and facilitate up to ten (10) Complete Streets -focused workshops for City Staff, City Council Sub -Committee, Public/Traffic Safety Committee, and Planning Commission Sub -Committee. The meetings will include a combination of staff working group meetings and sub -committee meetings. We anticipate the following meetings will be held: • Up to four (4) staff working group workshops, which may include, but not limited to the following structure: kick-off meeting, brainstorming meeting, follow-up meeting, and final policy development meeting. • Up to two (2) workshops each forthe Council Sub -committee, Planning Commission Sub - Committee, and the Public/Traffic Safety Commission. Workshop discussion topics may include, but not limited to: ■ Introduction to Complete Streets • Policy Context and need for Complete Streets ■ How to develop and Implement a Complete Streets Policy • Overview of existing Temecula Documents that Address Complete Streets • Sample Complete Streets and Mid -Block Crosswalk Checklists/Decision Trees Fehr& Peers staff will provide the following materials for the meetings: an agenda, a PowerPoint presentation, and meeting summary of outcomes, feedback, and direction received. C.ily of er,InoiIa C kw,,plPte Sh ,ohI _'/ Pi opUS]1 DELIVERABLES • 4 Workshops with City Staff ■ 2 Workshops with City Council Sub -Committees ■ 2 Workshops with Planning Commission Sub -Committees ■ 2 Workshops with the Public/Traffic Safety Commission • Meeting agenda, PowerPoint presentation, and meeting summary Task 4: Draft Complete Streets Policy Following the input from Task 3, the team will develop a draft Complete Street Policy that will be available for Staff review. This task will create policies that provide clear direction on the City's multimodal goals and departments responsible for implementing the goals. In addition, we will refine the sample checklist/decision tree to create a Draft Complete Streets Checklist based on input received during the outreach. The intention of the checklist is that for every transportation project being planned and designed, City staff would complete the checklist to ensure that complete streets were appropriately considered. The checklist could include questions such as: "Is this road included in an existing city document?," "Describe the bicycle and pedestrian facilities planned," and "If bicycle lanes are not included in the project, describe the constraints for including them." Fehr & Peers will also provide mid -block crosswalk criteria to help respond to requests for marked crosswalks in a consistent manner. These guidelines will be a separate desk reference resource for City staff. The criteria will be based on the current Federal Highway Administration research and best practices. The guidelines will set "rule -of -thumb" criteria forwhen a marked crosswalk is appropriate and what types of measures should be installed (i.e. rapid rectangular flashing beacons, high -visibility crosswalk markings, refuge islands, etc.) based on the roadway characteristics such as speed and vehicular volumes. We also understand that equestrian crossing may be relevant at some crossing locations and this will be considered in the guidelines. Fehr & Peers will also work with City staff to develop the City Council resolution language forthe Complete Streets Policy that will be presented in the Council packet for adoption. DELIVERABLES: • Draft Complete Streets Policy, Implementation Checklist, and Mid -Block Crosswalk Criteria • Revised Complete Streets Policy, Implementation Checklist, and Mid -Block Crosswalk Criteria ■ Final Complete Streets Policy for Council Adoption and Resolution Language Optional Task 5: Additional Meetings and Coordination Fehr& Peers -will attend up to 6 additional meetings. These meetings could, include team meetings, Council or Planning Commission sub -committee meetings, and/or commission meetings. Cy iil T:�rr�C yiI CA) II pI,--I(� Sti�';'ti 'C�ICyF M epd ri�Di� al Additional Services The scope of work has been tailored to meet the specific requirements of this project. However, additional services may be required during execution of the study. Additional services that are beyond the proposed scope of work include, but are not limited to: reviewing additional documents or processing/analyzing additional data in Task 2, analyzing more than (3) Complete Streets Policies, or producing additional draft deliverables in excess of the quantities identified. Fehr& Peers will conduct additional services only upon receipt of written authorization on a mutually agreed upon scope and budget. Schedule and Fee Fehr & Peers will complete this scope of work for a lump sum as follows: Tasks 1-4: $49,500 Optional Task 5: $10,000 (billed based on meeting attendance/requests from City staff) Invoices will be submitted monthly based on percent complete for each task and are due and payable upon receipt. We will work with you to establish a project schedule and expect the process to span over approximately 6- months. Contract We anticipate that you will provide a contract for our review and signature that has language consistent with our previous contracts with the City. The terms of this proposal are valid for a period of 90 days but the scope, budget, and schedule may need to be modified depending on additional information that is made available prior to project initiation, or if initiation occurs after 90 days. Please call Katy Cole at (619) 758-3001 if you have any questions. We appreciate the opportunity to ;propose on this project and look forward to working with you. Sincerely, FEH R & PEERS Y�6 � J Katy Cole, Principal P2i-1013 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 25, 2023 SUBJECT: Renew the Abandoned Vehicle Abatement Program with the County of Riverside PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034 BACKGROUND: In 1990, the California State Legislature enacted legislation allowing for the creation of a County based vehicle service authority, pursuant to the provisions of Section 22710 of the Vehicle Code. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a one dollar annual vehicle registration fee on vehicles registered to an owner with an address within the County of Riverside. Vehicle registration fees are collected by the Department of Motor Vehicles and allocated to Riverside Abandoned Vehicle Service Authority by the State Controller pursuant to Section 9250. 7 of the Vehicle Code. Fees are then allocated to participating cities within Riverside County and in unincorporated Riverside County on the basis of the size and the population in each jurisdiction. On February 12, 2013, the City Council adopted a resolution extending the service fee collection on behalf of the County of Riverside Abandoned Vehicle Abatement Service Authority. The current program is set to expire in May 2024. Legislation allows local service authorities to extend the programs every ten years with the approval of the County and the majority of the cities comprising a majority of the population in the incorporated areas. Adoption of the attached resolution is the first step toward the extension of this program. This resolution would extend the program until May 2034. FISCAL IMPACT: Abatement account. A continuation of funds to be deposited the Abandoned Vehicle ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY UNTIL MAY 2034 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county. B. Beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles. C. The service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof. D. The Riverside County Abandoned Vehicle Abatement Service Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710. E. Since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abatement of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County. F. The service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 2024. G. The Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee. H. It is desirable to the City of Temecula to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2024. Section 2. The City Council of the City of Temecula, California approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2034. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 2023. ATTEST: Randi Johl, City Clerk [SEAL] Zak Schwank, Mayor FA 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 251h day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Fire Chief DATE: April 25, 2023 SUBJECT: Adopt the 2023 City of Temecula Emergency Operations Plan PREPARED BY: Mikel Alford, Emergency Manager RECOMMENDATION: That the City Council adopt this resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2023 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN BACKGROUND: The preservation of life, property and the environment are an inherent function of our local government. The 2023 Emergency Operations Plan has been completely rewritten by the City of Temecula's Office of Emergency Management and is consistent with Standardized Emergency Management System (SEMS) and / the National Incident Management System (NIMS). This Emergency Operations Plan (EOP) provides guidance for the City of Temecula's response to extraordinary emergency situations associated with natural, man- made and technological disasters. This plan does not address ordinary day-to-day emergencies or the established routing procedures used to cope with such incidents. Rather, this plan concentrates on operational concepts and response procedures relative to large-scale emergencies and disasters. While no plan can completely prevent death and destruction, good plans carried out by knowledgeable and well - trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies polices and general procedures, and provides for the coordination of planning efforts of the various emergency staff and service elements. The City of Temecula has prepared this Emergency Operations Plan (EOP) to ensure the most effective allocation of resources for the protection of people and property in time of an emergency with the primary objective of this plan being the ability to incorporate and coordinate all facilities and personnel of the city staff into an efficient organization capable of responding effectively to any emergency. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. 2023 City of Temecula Emergency Operations Plan (EOP) RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2023 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula may be subjected to emergencies and disasters of all types; and WHEREAS, the City of Temecula will continue to be prepared to respond during emergencies and disasters to protect public peace, health and safety and to preserve lives and property of the people; and WHEREAS, the City of Temecula will plan and prepare in order to implement efficient emergency operations and to mitigate the effects of emergencies and disasters; and WHEREAS, such planning and operations have been a coordinated effort of local departments and agencies; and WHEREAS, the City of Temecula will coordinate emergency prevention, mitigation, preparedness, response and recovery activities in a manner consistent with the Standardized Emergency Management System (SEMS) and, by extension, National Incident Management System (NIMS); and WHEREAS, City of Temecula has developed a comprehensive Emergency Operations Plan in compliance with the requirements of the California Governor's Office of Emergency Services (Cal OES) and the Federal Emergency Management Agency (FEMA). WHEREAS, The City of Temecula has determined that it would be in the best interest of the City of Temecula to adopt the 2023 City of Temecula Emergency Operations Plan. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council adopts the 2023 City of Temecula Emergency Operations Plan, which is on file with the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 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 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 1989 City of Temecula EMERGENCY OPERATIONS PLAN 2023 EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA ii I Page EMERGENCY OPERATIONS PLAN - 2023 TABLE OF CONTENTS PART 1: BASIC PLAN ACKNOWLEDGEMENTS................................................................................................................... 1 FOREWARD........................................................................................................................................... 2 APPROVAL AND PROMULGATION...................................................................................................... 3 LETTER OF PROMULGATION............................................................................................................... 4 MAINTENANCE OF EOP........................................................................................................................ 5 DISTRIBUTION LIST.............................................................................................................................. 6 RECORD OF REVISIONS........................................................................................................................ 7 DEPARTMENT / AGENCY CONCURRENCE........................................................................................ 8 PURPOSE AND SCOPE..................................................................................................................... 9 SITUATION AND ASSUMPTIONS................................................................................................... 10 ADA Considerations for Local Government............................................................................ 14 CONCEPT OF OPERATIONS............................................................................................................ 17 PreventionPhase........................................................................................................................ 17 PreparednessPhase.................................................................................................................. 17 Increased Readiness......................................................................................................... 18 Training and Exercising.................................................................................................... 18 PlanningScenarios............................................................................................................ 19 Typesof Exercises............................................................................................................. 19 Public Awareness and Education.................................................................................... 20 Disaster Animal Care Considerations............................................................................ 21 ResponsePhase..................................................................................................................... 21 InitialResponse.................................................................................................................. 22 ExtendedResponse........................................................................................................... 22 Alert& Warning................................................................................................................. 23 RecoveryPhase...................................................................................................................... 24 ShortTerm Recovery........................................................................................................ 24 LongTerm Recovery......................................................................................................... 24 Damage Assessment........................................................................................................ 24 AfterAction Reporting..................................................................................................... 25 CITY OF TEMECULA iii j P age EMERGENCY OPERATIONS PLAN - 2023 Disaster Assistance Programs........................................................................................ 25 LocalAssistance Center................................................................................................... 26 MitigationPhase................................................................................................................... 27 WHOLE COMMUNITY PLANNING................................................................................................ 28 CONTINUITY OF GOVERNMENT................................................................................................... 35 Preservation of Local Government.......................................................................................... 35 Lines of Succession for Official Charged with Discharging Emergency Responsibilities .. 35 City Council Lines of Succession............................................................................................... 35 Departmental Lines of Succession........................................................................................... 37 EOCLines of Succession............................................................................................................ 38 Essential Facilities: Seat of Government................................................................................ 38 Essential Facilities: Emergency Operations Center............................................................... 39 Preservation of Vital Records................................................................................................... 40 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS)............................................... 43 Incident Command System (ICS).............................................................................................. 43 MutualAid System..................................................................................................................... 45 Multi -Agency Coordination System (MACS)........................................................................... 45 Operational Area (OA) Concept................................................................................................ 46 FiveLevels of SEMS..................................................................................................................... 46 National Incident Management System (NIMS)..................................................................... 51 SEMS REQUIREMENTS FOR LOCAL GOVERNMENTS.............................................................. 51 CITY OF TEMECULA'S RESPONSIBILITIES UNDER SEMS......................................................... 51 CITY OF TEMECULA EMERGENCY MANAGEMENT ORGANIZATION ......................................... 53 SEMSEOC Functions................................................................................................................... 53 EOCPolicy Group........................................................................................................................ 54 EOCActivation Policies.............................................................................................................. 55 EOCHours of Operation............................................................................................................ 56 EOCCoordination....................................................................................................................... 57 EOCInformation Tracking......................................................................................................... 58 Displays................................................................................................................................... 58 EOC Joint Information Center................................................................................................... 58 CITY OF TEMECULA ivj Page EMERGENCY OPERATIONS PLAN - 2023 MUTUALAID.................................................................................................................................. 59 MutualAid Agreements............................................................................................................ 59 InterstateMutual Aid................................................................................................................ 59 Progressive Mobilization.......................................................................................................... 59 Mutual Aid Coordination.......................................................................................................... 60 MutualAid Regions................................................................................................................... 61 MutualAid Facilities.................................................................................................................. 62 ResourceTracking...................................................................................................................... 62 EMERGENCY DECLARATIONS....................................................................................................... 63 LocalDeclaration........................................................................................................................ 63 Stateof Emergency.................................................................................................................... 63 Stateof War Emergency............................................................................................................ 64 Presidential Declaration............................................................................................................. 65 EMERGENCY COMMUNICATIONS................................................................................................. 67 Emergency Operations Center Communications................................................................... 67 800-Megahertz Radio System................................................................................................... 67 Satellite Telephone System....................................................................................................... 67 AmateurRadio............................................................................................................................ 68 DisasterNet Radio...................................................................................................................... 68 Mobile Radio Communications................................................................................................ 68 HAZARD MITIGATION AND ANALYSIS......................................................................................... 69 Local Government Responsibilities......................................................................................... 69 Local Multi -Hazard Mitigation Plan......................................................................................... 69 Hazard Mitigation Grant Program (HMGP)............................................................................ 70 HazardAnalysis........................................................................................................................... 71 CITY OF TEMECULA THREAT SUMMARY..................................................................................... 73 CityOverview.............................................................................................................................. 73 Infrastructure and Facilities...................................................................................................... 74 Business, Recreation and Services........................................................................................... 74 NotificationSystems.................................................................................................................. 75 Incident Consequences............................................................................................................. 75 CITY OF TEMECULA vj P a g e EMERGENCY OPERATIONS PLAN - 2023 THREAT ASSESSMENT 1: MAJOR EARTHQUAKES................................................................... 77 Typesof Faults....................................................................................................................... 77 EarthquakeStrength............................................................................................................. 78 CaliforniaEarthquakes.......................................................................................................... 81 Liquefaction............................................................................................................................ 81 ExpectedDamage.................................................................................................................. 82 THREAT ASSESSMENT 2: HAZARDOUS MATERIALS............................................................... 85 TransportationAccidents..................................................................................................... 85 IllegalDumping...................................................................................................................... 85 THREAT ASSESSMENT 3: WILDFIRE.......................................................................................... 86 THREAT ASSESSMENT 4: FLOODING........................................................................................ 87 THREAT ASSESSMENT 5: DAM FAILURE.................................................................................. 89 VailLake Dam........................................................................................................................ 89 SkinnerLake Dam................................................................................................................. 92 DiamondValley Lake............................................................................................................ 94 Diamond Valley Lake Dam (South)..................................................................................... 95 Diamond Valley Lake Dam (West)...................................................................................... 95 THREAT ASSESSMENT 6: TRANSPORTATION EMERGENCIES ............................................... 96 TruckingIncident.................................................................................................................. 96 MajorAirplane Accident...................................................................................................... 98 THREAT ASSESSMENT 7: CIVIL UNREST.................................................................................. 99 THREAT ASSESSMENT 8: POWER OUTAGE........................................................................... 100 CaliforniaISO....................................................................................................................... 100 CAL ISO Rolling Blackouts................................................................................................... 100 Public Safety Power Shutoffs............................................................................................. 101 THREAT ASSESSMENT 9: TERRORISM.................................................................................... 102 Homeland Security Presidential Policy Directive 3......................................................... 102 National Terrorism Alert System (NTAS).......................................................................... 103 Announcing Threat Conditions.......................................................................................... 103 THREAT ASSESSMENT 10: PUBLIC HEALTH EMERGENCY .................................................... 104 Strategic National Stockpile............................................................................................... 104 CITY OF TEMECULA vi l Page EMERGENCY OPERATIONS PLAN - 2023 COVID-19............................................................................................................................... 105 THREAT ASSESSMENT 11: NUCLEAR...................................................................................... 107 NuclearPower Plants.......................................................................................................... 107 NuclearWeapon.................................................................................................................. 109 DirtyBomb............................................................................................................................ 110 NuclearWaste...................................................................................................................... 111 AUTHORITIES AND REFERENCES................................................................................................. 113 AUTHORITIES................................................................................................................................. 113 LocaI....................................................................................................................................... 113 State....................................................................................................................................... 113 Federal................................................................................................................................... 114 REFERENCES................................................................................................................................... 114 APPENDICES................................................................................................................................... 117 Appendix A - Glossary of Terms.............................................................................................. 117 Appendix B - List of Acronyms................................................................................................. 119 LIST OF FIGURES............................................................................................................................ 121 CITY OF TEMECULA vii j P age EMERGENCY OPERATIONS PLAN - 2023 These documents are published separately in support of the Emergency Operations Plan and are for internal use only due to the sensitive nature of their use. They include, but are not limited to: Appendix C - Essential Contacts Appendix E - EOC Locations — Primary and Alternate Appendix F - City of Temecula — Public and Private Schools Appendix G - Critical Locations within Temecula Appendix H - Vital Records Storage SUPPORT PLANS These documents are published separately in support of the Emergency Operations Plan and are for internal use only. They include, but are not limited to: Support Plan 1: PSPS and Power Disruption Plan Support Plan 2: Rapid Needs Assessment Support Plan 3: Medication Point of Dispensing Plan Support Plan 4: Alert & Warning Plan Support Plan 5: City of Temecula Active Assailant Response Plan Support Plan 6: City Facility Evacuation Plan Support Plan 7: City of Temecula Mass Care & Shelter Plan CITY OF TEMECULA viii j P age EMERGENCY OPERATIONS PLAN - 2023 ACKNOWLEDGEMENTS / CREDITS The information and processes included in this plan are intended to improve the emergency preparedness, response, recovery, and mitigation efforts of the City of Temecula and to satisfy the Standardized Emergency Management System (SEMS) requirements as presented in Title 19 of the California Code of Regulations and the National Incident Management System (NIMS) requirements as outlined in Homeland Security Presidential Directive — 5 (HSPD-5). This plan was prepared and edited by Mikel Alford, Emergency Manager with the City of Temecula with input and support from the City of Temecula's Emergency Management Committee. The committee membership committed significant time and effort to create a plan, which integrates SEMS requirements while meeting FEMA's planning guidance requirements along with the concepts and principles set forth by NIMS. These documents were prepared, reviewed, and finalized by the City of Temecula Emergency Management Committee members including: Emergency Management Committee AgencyDepartmentA•Department City Manager's Office Betsy Lowrey City Clerk Lanny Krage Human Resources Courtney Fletcher Finance Department Tina Rivera Information Technology Oscar Lopez Community Services Jeff Lawrence I Fire Department Capt. Matt Hayes Sheriff's Department Dep. J. Kenitzer Fire Department Wendy Miller Facilities Ryan Mode Building & Safety Brian Clements Facility Operations Center Rodney Tidwell Public Works Ron Moreno Temecula Community Center Rishann Clermont Community Rec Center Gwen Willcox Mary Phillips Senior Center Yvette Martinez Jefferson Rec Center Tracy Masters Old Town Community Theatre John Deards Temecula Valley Museum Trach Frick TVE2 Christine Damko Community Development Brandon Rabidou City Management ✓ Aaron Adams, City Manager ✓ Kevin Hawkins, Assistant City Manager ✓ Luke Watson, Deputy City Manager Temecula City Council ✓ Zak Schwank, Mayor ✓ James "Stew" Stewart, Mayor Pro-Tem ✓ Jessica Alexander ✓ Curtis Brown ✓ Brendan Kalfus CITY OF TEMECULA 11 P a g e EMERGENCY OPERATIONS PLAN - 2023 FOREWARD This Emergency Operations Plan (EOP) provides guidance for the City of Temecula's response to extraordinary emergency situations associated with natural, man-made and technological disasters. This plan does not address ordinary day-to-day emergencies or the established routing procedures used to cope with such incidents. Rather, this plan concentrates on operational concepts and response procedures relative to large-scale emergencies and disasters. The EOP is a preparedness document and is designed to be read, understood, and exercised prior to an emergency. The EOP has been developed in accordance with the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). City departments are responsible for assuring the preparation and maintenance of Standard Operating Procedures (SOPS), resource lists and checklists that detail how assigned responsibilities are performed and to ensure that they support the implementation of the EOP. These are published separately and for internal use only. There are three parts to the City of Temecula Emergency Operations Plan. Part One is the basic plan which describes our concept of operations; continuity of government; utilization of the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS); emergency operations center; mutual aid; emergency declarations; emergency communications; hazard mitigation; hazard analysis; and threat assessments. Part Two is published separately and includes our support plans for alert and warning; mass care and shelter; donations management; volunteer management; evacuations; damage assessment; and recovery. Part Three is published separately for internal use only and includes our EOC Activation and Leadership Guide, EOC SOPS and supporting documents, forms, and checklists. They are intended to be used in conjunction with this plan. CITY OF TEMECULA 21 Page EMERGENCY OPERATIONS PLAN - 2023 PROMULGATION INSERT RESOLUTION CITY OF TEMECULA 31 Page EMERGENCY OPERATIONS PLAN - 2023 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN LETTER OF PROMULGATION To: Officials, Employees, and Citizens of the City of Temecula, California The preservation of life, property and the environment are an inherent function of local, state, and the federal government. The City of Temecula, California has prepared this Emergency Operations Plan (EOP) to ensure the most effective allocation of resources for protection of people and property in time of an emergency. While no plan can completely prevent death and destruction, good plans carried out by knowledgeable and well -trained personnel can and will minimize losses. This plan establishes the emergency organization, assigns tasks, specifies polices and general procedures, and provides for the coordination of planning efforts of the various emergency staff and service elements utilizing the Standardized Emergency Management System (SEMS) and, by extension, the National Incident Management System (NIMS). The objective of this plan is to incorporate and coordinate all facilities and personnel of the city staff into an efficient organization capable of responding effectively to any emergency. This EOP is an extension of the State Emergency Plan. It will be reviewed and exercised periodically and revised as necessary to meet changing conditions. The City of Temecula gives its full support to this plan and urges all officials, employees, and the citizens; individually and collectively, to do their parts in the total emergency effort of the city. This Emergency Operations Plan has been completely rewritten by the City of Temecula's Office of Emergency Management and is consistent with SEMS/NIMS. The EOP becomes effective upon approval by the Temecula City Council. Aaron Adams City Manager Signed: Date: CITY OF TEMECULA 41 Page EMERGENCY OPERATIONS PLAN - 2023 MAINTENANCE OF EMERGENCY OPERATIONS PLAN The City's Emergency Manager is responsible for writing, reviewing, and updating this Emergency Operations Plan on an annual basis with a complete rewrite every three years. Modification to this plan include new information such as the changing of phone numbers and revisions of relevant standard operating procedures or organizational structure. Additionally, modifications may occur as a result of lessons learned from incident or exercise critiques requiring changes to responsibilities, laws, or regulations. A record of changes and revisions will be maintained. All changes to the plan will be distributed as shown on the plan distribution list. Revisions to the plan will be approved by the City of Temecula. CITY OF TEMECULA 51 Page EMERGENCY OPERATIONS PLAN - 2023 DISTRIBUTION LIST The City of Temecula's OEM prepares, coordinates, publishes, and distributes this Plan and any revisions made to it. The Plan is distributed to all departments/agencies identified below. The Plan is also available upon request by external organizations, also identified below. CITY DEPARTMENTS COUNTY GOVERNMENT/ OTHER ORGANIZATIONS SPECIAL DISTRICTS City Council Members Riverside County Emergency Governor's Office of Management Department Emergency Services (CaIOES) City Manager's Office Temecula Valley Unified Temecula Valley Hospital School District Emergency Operations Riverside County Sheriff's Pechanga Tribal Emergency Center Personnel Department, Southwest Manager Station Office of Emergency Rancho Water District Management Website Temecula Fire Department Eastern Municipal Water (Riverside County / CAL Fire) District Community Services Dept. Public Works Department Human Resources / Risk Management Department Community Development Department Finance Department Information Technology & Support Services Department City Clerk's Office CITY OF TEMECULA 61 Page EMERGENCY OPERATIONS PLAN - 2023 RECORD OF REVISIONS Any approved additions or modifications to this plan will be documented and noted in this section. The date of the change, the title of the person making the change, and a summary and reason for the modifications will be inserted into this section of the plan. If any major or significant changes to this plan need to be made, then the revised plan will be considered an update and the cover page, promulgation page, and approval and implementation page should reflect that it is a new plan. After any modification to this plan, OEM will ensure that the updated version is distributed to all previously listed departments and agencies, and that the revised plan is uploaded to any share sites and/or webpages where this plan resides. Personnel with a role in executive leadership, coordination and management, and operational implementation of emergency procedures are encouraged to keep a digital and/or printed copy of this plan and to make sure it is always accessible to them. CHANGE 1 DATE CHANGENUMBER OF PAGE / • SUMMARY OF 2 3 4 5 6 7 8 9 10 11 12 CITY OF TEMECULA 71 Page EMERGENCY OPERATIONS PLAN - 2023 CITY OF TEMECULA DEPARTMENT CONCURRENCE Erica Russo Director, Community Services Date Patrick Thomas Date Director, Public Works/City Engineer Isaac Garibay Date Director, Human Resources & Risk Management Luke Watson Date Deputy City Manager Jennifer Hennessy Date Director, Finance Michael Heslin Date Director, Information Technology & Support Services Randi Johl Date Director, Legislative Affairs / City Clerk Chief John Crater Date Division Chief CAL Fire / Riverside County Fire Dept. CITY OF TEMECULA 81 Page EMERGENCY OPERATIONS PLAN - 2023 Captain Christapher Durham Date Riverside County Sheriff's Department Kevin Hawkins Date Assistant City Manager Aaron Adams Date City Manager CITY OF TEMECULA 91 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 101 Page EMERGENCY OPERATIONS PLAN - 2023 PURPOSE AND SCOPE Purpose The purpose of the City of Temecula Emergency Operations Plan (EOP) is to establish a comprehensive, all -hazards approach for responding to natural, man-made and technological disasters that affect the city. This plan provides an overview of the operational concepts; identifies the components of the City's Emergency Management Organization; Standardized Emergency Management System (SEMS) coordination; Mutual Aid; and describes overall responsibilities of federal, state, and local agencies. The Emergency Operations Plan has been designed to serve the growing needs of the City of Temecula. As population and infrastructure continues to increase and with it, vulnerability to hazards, it's important that the EOP be flexible enough to use in all emergencies. This plan not only meets that need but will increase the effectiveness and efficiency of the community's response and short-term recovery activities. The plan establishes a system for coordinating the five (5) pillars of Emergency Management across the full spectrum of operations. This plan defines the framework for how the prevention, preparedness, response, recovery, and mitigation phases of emergency management are to be executed in Temecula. The EOP is intended to be an overview of emergency management and response concepts; it is not intended to be a detailed operational document. Detailed Standard Operating Procedures (SOPS), checklists, and support plans are distributed to Emergency Operations staff separately and are for internal use only. Scope The City of Temecula Emergency Operations Plan discusses a broad range of large-scale emergencies and disasters that have the potential for impacting the City of Temecula and are derived from the previous and current threat assessment and planning process. They include: Catastrophic Earthquakes Wildfires Local Dam Failure Civil Unrest Public Health Emergencies Terrorism Hazardous Materials Incidents Flooding Transportation Emergencies Power Disruption Nuclear Incidents CITY OF TEMECULA 111 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 121 Page EMERGENCY OPERATIONS PLAN - 2023 SITUATION AND ASSUMPTIONS The City of Temecula is nestled within the southwestern portion of Riverside County sharing a border with San Diego County. Temecula is approximately 58 miles north of downtown San Diego, and 68 miles west of Palm Springs. It is surrounded by the City of Murrieta to the north, Temecula Wine Country to the east, the unincorporated areas of DeLuz to the west, as well as the Pechanga Indian Reservation to the south and encompasses 30 square miles with an elevation of 1,017 feet above sea level. According to the World Population Review, the population of Temecula is 115,202 as of 2022. Temecula is the fifth largest city in Riverside County withy a wide range of housing options: affordable single-family homes, condominiums and ranch style homes, family -oriented lifestyle, good schools, and quality -of -life amenities. Supported by high median and mean income levels, the city is a prominent tourist destination, with the Temecula Valley Wine Country, Old Town Temecula, the Temecula Valley Balloon & Wine Festival, the Temecula Valley International Film Festival, championship golf courses, and resort accommodations attracting a significant number of tourists which appreciably contributes to the city's economic profile. In addition to the tourism sector, the educational, leisure, professional, finance, and retail sectors contribute to the city's overall economy. Temecula is bifurcated by one major freeway, Interstate 1S (1-15), and connects directly to downtown San Diego and the regional highway system to the south. Interstate 15 forks on the northern end of the city into Interstate 15 and Interstate 215. To the northwest, I -IS connects to Lake Elsinore and Corona. To the northeast, 1-215 connects to Menifee, Perris, Moreno Valley and beyond. Interstates 21S and 15 are an important north -south link from San Diego through western Riverside and San Bernardino counties. The City of Temecula is vulnerable to effects of natural disasters such as earthquakes, floods, fires, and winter storms. Temecula is also vulnerable to a variety of man-made hazards such as hazardous materials accidents/incidents, terrorism, nuclear incidents, dam failures, transportation, and public health emergencies. The following assumptions apply to this plan: 1. A major emergency or disaster may cause numerous injuries, property loss, disruption of normal life-support systems, and may have an impact on economic, physical, and social infrastructures. CITY OF TEMECULA 131 Page EMERGENCY OPERATIONS PLAN - 2023 2. A major emergency or disaster may overwhelm the capabilities of the City of Temecula to provide prompt and effective emergency response and recovery. Mutual aid will be requested when disaster relief requirements exceed the City's ability to meet them. 3. Transportation infrastructure may be damaged or disrupted. Emergency responders may have difficulty reaching people and evacuation routes may cause traffic backups slowing egress from damaged areas. The movement of emergency supplies and services may be impeded. 4. Communication infrastructure maybe damaged or disrupted, thus slowing dissemination of information, and reporting of persons needing assistance. 5. Homes, businesses, public buildings, antennae sites, and other critical facilities may be damaged or destroyed. Public utilities may be damaged and either completely or partially inoperable. 6. Emergency medical services and transport ambulances maybe in short supply and unable to respond. Medical and health care facilities that do remain open may be overwhelmed with medical care requests. Additionally, medicines may be in short supply. 7. Damage to facilities that use hazardous or toxic chemicals could result in the release of these hazardous materials into the environment. 8. Businesses in Temecula may not be able to supply the public with necessities such as food, water, blankets, etc. Additionally, businesses may have difficulty remaining open or providing paychecks to their employees. 9. Volunteers may come from other areas to help, causing problems with accountability. Donated goods that are not presently needed may be dropped off. 10. Effective emergency operations require periodic training and exercising. 11. City of Temecula emergency personnel and disaster service workers (DSW) will utilize the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). ADA Considerations for Local Government Emergency preparedness and response programs must be made accessible to people with disabilities or access and functional needs and is required by the Americans with Disabilities Act of 1990 (ADA). Disabilities would include but not be limited to mobility, vision, hearing, cognitive disorders, mental illnesses, and language barriers. CITY OF TEMECULA 141 Page EMERGENCY OPERATIONS PLAN - 2023 Included in the City's planning efforts for those with disabilities are: • Notification and warning procedures • Evacuation considerations • Emergency transportation issues • Sheltering requirements • Accessibility to medications, refrigeration, and back-up power • Accessibility to mobility devices or service animals while in transit or at a shelter • Accessibility to information. CITY OF TEMECULA 151 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 161 P a g e EMERGENCY OPERATIONS PLAN - 2023 CONCEPT OF OPERATIONS Emergency management activities during peacetime and national security emergencies are often associated with the one of the five federal emergency management phases, however, not every disaster necessarily includes all indicated phases within the cycle. The Emergency Operations Plan addresses major incidents as well as large-scale disasters, such as an earthquake or nuclear detonation. Some emergencies will be preceded by a warning period, providing sufficient time to warn the public and reduce the loss of life, property damage, and effects on the environment. Other emergencies occur with little or no warning, thus requiring immediate activation of the Emergency Operations Plan. DISASTER f Disaster Management Preparation Cycle Response After Event Before Event The process of emergency management involves five phases. They are: ✓ Prevention & Preparedness ✓ Preparedness ✓ Response ✓ Recovery, and ✓ Mitigation. 0 � All City departments and Mitigation Recovery Emergency Operations staff must Figure 1: Disaster Management Cycle be prepared to respond to any foreseeable emergency promptly and effectively, taking all appropriate actions. Prevention Phase The prevention phase includes actions taken to avoid an incident or to intervene and stop and incident from occurring. This involves actions taken to protect lives and property. It also involves applying intelligence and other information to a range of activities that may include such countermeasures as: • Deterrence operations • Heightened inspections • Improved surveillance, and • Interconnections of health and disease prevention among people, domestic animals, and wildlife. Preparedness Phase The preparedness phase involves activities taken in advance of an emergency. These activities develop operational capabilities and effective responses to a disaster. These actions and activities help to develop the City of Temecula's capabilities and effectiveness to respond to a disaster. The emphasis is on, and may include, mitigation activities, emergency/disaster planning, training and exercises and public education. Emergency planning includes the development of processes and CITY OF TEMECULA 171 Page EMERGENCY OPERATIONS PLAN - 2023 procedures detailing personnel assignments, checklists, resource lists, notification rosters, and support plans. In the event of an emergency, these plans, policies, and procedures are to be used as a checklist by those who are trained to work a designated position as well as those who are not familiar with a particular emergency operations center (EOC) position. All emergency operations staff should become acquainted with SOPs, policies, notification rosters, and resource lists which are distributed to employees separately. Increased Readiness Increased readiness actions will be initiated by the receipt of a warning or the observation that an emergency is imminent or likely to occur soon. Events that may trigger increased readiness activities include: • Issuance of a credible long-term earthquake prediction • Receipt of a flood advisory or other special weather statement • Receipt of a potential dam failure advisory • Conditions conducive to wildfires, such as the combination of high heat, strong winds, and low humidity • An expansive hazardous materials incident • A rapidly deteriorating international situation that could lead to an attack upon the United States, and • Information or circumstances indicating the potential for acts of violence, terrorism, or civil disturbance. Examples of increased readiness actions and/or activities to be accomplished include, but are not necessarily limited to: • Briefing of City Manager and key officials or employees on the situation • Activate the Emergency Operations Center to a Level 3 or Management Watch • Reviewing of the City of Temecula Emergency Operations Plan and associated Support Plans • Increasing public information and training efforts • Inspecting critical facilities and equipment, including testing warning and communication systems • Recruiting additional staff and Disaster Service Workers (DSWs) • Warning threatened elements of the population • Conducting precautionary evacuations in the potentially impacted area(s) and • Mobilizing personnel and pre -positioning resources and equipment. Training and Exercises Training and exercising are essential at all levels of government to make emergency operations personnel operationally ready to respond at a moments notice. The objective is to train and educate public officials, emergency/disaster response personnel and volunteers. The City's Office of Emergency Management (OEM) will conduct regular training and exercising of the city staff in CITY OF TEMECULA 181 Page EMERGENCY OPERATIONS PLAN - 2023 the use of this plan and all support documents. OEM will conduct other specific training as required for compliance with both SEMS and NIMS. OEM is responsible for coordinating, scheduling, and documenting the training and exercises. Training includes classroom instruction and drills. All staff who may participate in emergency response in the EOC or at the field level must receive appropriate SEMS/NIMS/ICS training. Planning Scenarios In November of 2003, the Homeland Security Council (HSC) and the Department of Homeland Security (DHS) convened an interagency scenario working group with the objective of developing a minimum number of representative scenarios to test the range of required prevention, protection, response, and recovery resources. In total there are fifteen (15) all -hazards planning scenarios. Twelve (12) represent terrorist attacks, three represent natural disasters or naturally occurring epidemics. These scenarios were developed for use in national, federal, state, and local homeland security preparedness activities. The City of Temecula will consider these planning scenarios when planning and conducting exercises. The scenarios are: 1. Nuclear Detonation — Improvised Nuclear Device 2. Biological Attack - Aerosol Anthrax 3. Biological Disease Outbreak - Pandemic Influenza 4. Biological Attack - Plague 5. Chemical Attack - Blister Agent 6. Chemical Attack - Toxic Industrial Chemicals 7. Chemical Attack - Nerve Agent 8. Chemical Attack - Chlorine Tank Explosion 9. Natural Disaster — Major Earthquake 10. Natural Disaster — Major Hurricane 11. Radiological Attack - Radiological Dispersal Devices 12. Explosives Attack - Bombing Using Improvised Bomb Device 13. Biological Attack— Food Contamination 14. Biological Attack— Foreign Animal Disease 15. Cyber Attack Types of Exercises Regular exercises are necessary to maintain the readiness of emergency personnel. Exercises provide personnel with an opportunity to become thoroughly familiar with the procedures, facilities and systems that will be utilized in a disaster. Annual and frequent exercises are required by both SEMS and NIMS. There are several forms of exercises: • Tabletop Exercises (TTX) are designed to evaluate policy, plans and procedures and resolve coordination and responsibilities. Such exercises are a good way to see if policies and procedures exist to handle certain issues. • Functional Exercises (FE) usually take place in the EOC and simulate an emergency in the most realistic manner possible, without field activities. They are used to test or evaluate CITY OF TEMECULA 191 Page EMERGENCY OPERATIONS PLAN - 2023 the capabilities of one or more functions, such as evacuation, communications, public information, or overall city response. • Full -Scale Exercises (FSE) simulate an actual emergency, typically involving personnel in both the field and EOC levels and are designed to evaluate operational capabilities. The Office of Emergency Management utilizes the Homeland Security Exercise Evaluation Program (HSEEP) building block approach in the development of its exercise program. Exercises are planned in a cycle that increases in complexity to train and strengthen EOC personnel to specific target capabilities. City of Temecula TTX (Wildfire) Shake Out Evacuation Drill 13 June 2021 October 2021 Public Awareness and Education The public's response to any emergency is based on an understanding of the nature of the emergency, the potential hazards, the likely response of emergency services and knowledge of what individuals and groups should do to increase their chances of survival and recovery. Pre -disaster awareness and education programs must be viewed as equal in importance to all other preparation for emergencies and receive an adequate level of planning. The City of Temecula places public disaster education in the highest category by providing citizens emergency training such as the Federal Emergency Management Agency's (FEMA) Community Emergency Response Team (CERT) training, emergency preparedness workshops, disaster presentations for schools, cardiopulmonary resuscitation (CPR), stop the bleed, and first aid, HAM radio classes and terrorism awareness training. In addition to the public awareness and training programs offered, OEM provides preparedness outreach at several events throughout the year. The City of Temecula also has several emergency volunteer programs in which the citizens of Temecula may participate. A few examples are: CITY OF TEMECULA 201 Page EMERGENCY OPERATIONS PLAN - 2023 Temecula Citizen Corps (TCC) Firefighter Rehab/Incident Response — The TCC Rehab / Incident Response team consists of - - professionally trained, multi -level volunteer emergency personnel. The TCC assists during x emergency and disaster situations, often reporting directly to the incident commander. TCC members also provide first aid during large Rancho Incident —August 2021 public events and gatherings such as the 4th of July festivities. Members receive a wide array of emergency and disaster training including Care and Shelter Operations, Damage Assessment, Medical and Triage, Emergency Response to Terrorism, Automated External Defibrillator (AED), Stop -the - Bleed, CPR/First Aid, Search and Rescue, and Evacuation techniques. Temecula Citizen Corps (TCC) Communitv Emergencv Response Team (CERT) — CERT volunteers must attend the FEMA directed 20-hour course to participate as a volunteer. Graduates are trained to help themselves, their families and their neighborhoods during a disaster and are also trained to work effectively with emergency responders. Examples of training provided ' R F RT in the 20-hour FEMA course are: disaster44 ''" preparedness, triage and rapid treatment techniques, damage assessment, rescuer safety, search and rescue techniques, cribbing and leveraging, terrorism awareness, and disaster fire suppression. CERT Training, May 2022 Training is accessible to all community members. Emergency Operations Radio Communications — In an emergency, HAM radio operators who belong to our Temecula Citizen Corps, provide emergency communication for the city, and operate the City's radio room in the Emergency Operations Center. Using special equipment, these volunteers, are also capable of sending live pictures from the incident site to our city's emergency operations center via the HAM radio. Disaster Animal Care Considerations The PETS Act (Pets Evacuation and Transportation Standards Act of 2006) directs that state and local emergency preparedness plans address the needs of people with pets and service animals after a major disaster, including the rescue, care and sheltering of animals. The needs of animals during a disaster have been incorporated into this plan, especially in the areas of transportation and care and shelter activities. CITY OF TEMECULA 211 P a g e EMERGENCY OPERATIONS PLAN - 2023 Response Phase The response phase includes the initial response and extended response operations and activities. Upon receipt of a warning or the observation that an emergency is imminent or likely to occur, the City of Temecula will initiate actions to increase its readiness. During this phase, the priority is to save lives and minimize the effects of the emergency or disaster on the community. Initial Response Temecula's initial response activities and operations are primarily performed at the field response level. Emphasis is placed on minimizing the effect of the emergency or disaster. Field responders will utilize the Incident Command System (ICS), which includes unified command, action planning, span of control, and hierarchy of command. Examples of initial response activities and operations include: • Briefing of the City Manager and key city officials or employees on the situation. • Dissemination of warnings, emergency public information, and instructions to the citizens of the City of Temecula. • Conducting evacuations and/or rescue operations. • Caring for displaced persons and treating the injured. • Conducting initial damage assessments and surveys. • Assessing the need for mutual aid assistance. • Restricting movement of traffic/people. • Establishing Unified Commands. • Coordinating with state and federal agencies working in the field. • Developing and implementing Incident Action Plans. Extended Response Temecula's extended response activities and operations are primarily conducted in the field and within the City of Temecula's Emergency Operations Center. Extended emergency operations involve the coordination and management of personnel and resources to mitigate an emergency and facilitate the transition to recovery operations. Examples of extended response activities and operations include: • Preparing detailed damage assessments. • Operating Mass Care facilities. • Conducting coroner operations. • Procuring required resources to sustain operations. • Documenting the situation status. • Protecting, controlling, and allocating resources. • Restoring vital utility services. • Documenting expenditures. • Developing and implementing Action Plans for extended operations. • Dissemination of Emergency Public Information. • Declaring a local emergency. CITY OF TEMECULA 221 Page EMERGENCY OPERATIONS PLAN - 2023 • Requesting Governor and State declarations of emergency, if required. • Prioritizing resource allocation. • Inter and multi -agency coordination. Alert & Warning Success in saving lives and property depends on the timely dissemination of warnings and emergency information to persons in threatened areas. Local government is response for the warning of the populace of the jurisdiction. A highly effective alert and warning program will use as many delivery methods as possible. The most effective system leverages all opportunity to link delivery systems, such as being able to send a message through text, email, and social media through a single delivery system. The OEM administers the city Alert and Warning Program. Maintenance, user training, exercises, and testing are coordinated through OEM as the Alert and Warning Program Administrator. The City of Temecula alert and warning program: • Contains tools for accessing the Mass Notification System platform. • Contains a variety of tools to communicate with the staff and community during emergencies. Consideration should be made to include tools that allow operators to geo- target alerts to the community in the affected areas of the emergency. • Coordinates with all Alerting Authorities within our area of influence. • Contains features for cancelling and revoking accidental alerts, and for rapidly correcting and updating alert details. • Considers geographic gaps in communication availability within the community and hazards and threats most likely to affect the local community. Additional information on the City's Alert & Warning Program can be found in the Alert & Warning Plan which is a supplement support plan to this Emergency Operations Plan. Recovery Phase The goal of the Recovery Phase is to restore the affected area to its previous state. This phase is concerned with issues and decisions that must be made after immediate needs are addressed. Recovery operations are an extremely important phase in the Emergency Management Plan for citywide operations but also critical from the facilities standpoint. Recovery consists of restoring critical programs and services that the community depends on following an emergency. Recovery actions could vary based on the needs of the facility. Typical recovery actions could include debris cleanup, financial assistance to vulnerable populations and sustained mass care for displaced individuals. Restore utilities After Apply far Action Assistance Reporting Programs Recovery ondurt Oenmhilize Hazard Operations Mitiaailon Analysis ileteilYllrle ldentil} �a -dea1 Re�pHazards Rory Figure 2: Recovery Spider Chart CITY OF TEMECULA 231 Page EMERGENCY OPERATIONS PLAN - 2023 As the immediate threat to life, property, and the environment subsides, the rebuilding of Temecula will begin through various recovery activities. Recovery activities may be both short- term and long-term, ranging from restoration of essential utilities such as water and power, to mitigation measures designed to prevent future occurrences of a given threat facing the city. Examples of recovery activities include: • Reinstatement of family autonomy • Restoring utilities • Applying for state and federal assistance programs • Providing public assistance information for disaster assistance • Conducting hazard mitigation analyses • Identifying residual hazards • Determining and recovering costs associated with response and recovery. Short Term Recovery Recovery occurs in two phases: short-term and long-term. Short-term recovery operations will begin during the response phase of the emergency. The major objectives of short-term recovery operations include rapid debris removal and clean-up, and orderly and coordinated restoration of essential services (electricity, water, and sanitary systems). Short-term recovery operations will include all agencies participating in the city's disaster response. Structures that present public safety threats will be demolished and abated during short-term recovery operations. Long Term Recovery The transition to long-term recovery is typically characterized by the completion of emergency programs and the return to daily life. This phase alone can last for several months to even years. The long-term recovery period focuses on restoring economic activity and rebuilding the community. The most important element of this phase is the everyday work completed to reduce the long-term risk to people and property. Damage Assessment The City of Temecula and special districts will record a detailed assessment of damage during the recovery phase. This detailed assessment provides the basis for determining the type and amount of state and/or federal financial assistance available for recovery. Under federal disaster assistance programs, documentation must be obtained regarding damage sustained to: • Roads • Water control facilities • Public buildings and related equipment • Public utilities • Facilities under construction • Recreational and park facilities • Educational institutions CITY OF TEMECULA 241 Page EMERGENCY OPERATIONS PLAN - 2023 • Certain private non-profit facilities The damage assessment documentation information should include the location and extent of the damage, estimates of costs for debris removal, emergency work, and repairing of damaged facilities to pre -disaster condition. The cost of compliance with building codes for new construction, repair, and restoration will also be documented. The cost of improving facilities may be included under federal mitigation programs. After Action Reporting Any city or county declaring a local emergency for which the governor proclaims a state of emergency must complete and transmit an After-Action/Corrective Action report to CalOES within ninety (90) days of the close of the incident period. The After-Action/Corrective Action report will serve as a source for documenting the City of Temecula's response activities, identifying areas of success as well as areas for improvement. It will also be utilized to develop and describe a work plan for implementation of the improvements. The Office of Emergency Management will be responsible for completion of the report and will forward to CalOES within the 90-day period. Disaster Assistance Programs Disaster assistance programs have been developed for the needs of four (4) distinct groups: • Individuals — may receive loans or grants for such things as real and personal property, dental, funeral, medical, transportation, unemployment, sheltering, and rental assistance, depending on the extent of the damage. • Businesses — loans for many types of businesses are often made available through the United States Small Business Administration, assisting with physical and economic losses because of a disaster or emergency. Programs for agricultural needs include assistance for physical and economic losses because of a disaster or emergency. • Governments — funds and grants are available to governments to repair damage because of a disaster or emergency and mitigate the risk of future damage. • Non-profit organizations — funds and grants are also available to certain non-profit organizations. At each level of emergency declaration, various disaster assistance programs become available to individuals, businesses, governments, and non-profit organizations. • Local Emergency Declarations —The City of Temecula may be eligible for assistance under the Natural Disaster assistance Act (with concurrence of the Governor's Office). Businesses and individuals may be eligible for the following disaster assistance programs and services: CITY OF TEMECULA 251 Page EMERGENCY OPERATIONS PLAN - 2023 o American Red Cross o Mennonite Disaster Services o Natural Disaster Assistance Act (NDAA) o Assistance with Utilities o Local Government Tax Relief o US Small Business Administration Disaster Loans o Salvation Army o US Department of Agriculture o Other Community and Volunteer Organizations • State of Emergency Proclamation —The City of Temecula, special districts, individuals, and businesses may be eligible, in addition to local emergency assistance, for services from the following agencies: o Board of Registration for Professional Engineers and the Contractor's License Review Board o Department of Insurance o Department of Social Services o Franchise Tax Board Tax Relief o Department of Motor Vehicles o Department of Aging o State Board of Equalization o Natural Disaster Assistance Act (NDAA) o Department of Veteran Affairs (CALVET) o US Department of Agriculture o US Small Business Administration Disaster Assistance Loans o Prior Assistance Available with Local Declarations • Presidential Declaration — Under a Presidential Declaration, the City of Temecula, special districts, individuals, and businesses may be eligible for the following disaster assistance programs and services: o Cora C. Brown Fund (Individual Assistance) o Crisis Counseling Program o Disaster Unemployment o Temporary Housing Program o Individual and Family Grant Program o Internal Revenue Service Tax Relief o Public Assistance o Legal Aid o Hazard Mitigation o Veteran's Affairs Assistance (Housing/Medical) o Federal Financial Institutions o Employment Development Assistance o Prior Assistance with Local/State Declarations CITY OF TEMECULA 261 Page EMERGENCY OPERATIONS PLAN - 2023 Local Assistance Center The City of Temecula will assist individuals affected by the disaster. A Local Assistance Center (LAC) is a one -stop -shop with critical government services for residents who have been impacted by a disaster. At a LAC you can replace lost or destroyed vial documents such as your ID, financial documents, etc. and get connected with other support services. These support services may also include representatives from differing agencies who can aid with disaster loans, grants, answering questions regarding recovery efforts, administration of FEMA's individual assistance program, housing resources, food, shelters, and debris removal. The City of Temecula's primary objective is to provide our residents with the necessary information to help themselves recover from a disaster. Figure 3: Local Assistance Center Graphic Mitigation Phase The mitigation phase occurs both before and after emergencies or disasters. This phase includes any activities that prevent an emergency, reduce the likelihood of occurrence, or reduce the damaging effects of unavoidable hazards. Mitigation activities should be considered long before an emergency. Mitigation planning is the process used by state and local leaders to understand risks from natural hazards and develop long-term strategies that will reduce the impacts of future events on people, property, and the environment. Post -Disaster Pre -disaster •Response •Prevention •Recovery *Reconstruction • 1V epa redo 'Preparedness Figure 4: Mitigation Process CITY OF TEMECULA 271 Page EMERGENCY OPERATIONS PLAN - 2023 Pre -disaster mitigation activities include Risk Assessment, Prevention and Preparedness. • Risk Assessment: o Hazard Assessment— mapping and monitoring o Vulnerability Assessment — assessment of vulnerability for all elements exposed to the hazard o Risk Assessment - calculation of expected losses • Prevention: o Structural Measures - special building codes, dams, flood walls, etc. o Non -Structural Measures - land use planning, laws, insurance, public education, etc. • Preparedness: o Contingency Planning — plan of action in case of disaster, training of teams o Warning and Evacuation - development of indicators and early warning systems, stimulation exercises. o Public education and awareness Post -disaster mitigation is part of the recovery process, which includes Relief, Rehabilitation, and Reconstruction. • Relief: o Immediate Intervention — search and rescue, security, food, water, shelter and sanitation, clothes and blankets, and healthcare, etc. (Duration: short term) • Rehabilitation: o Restoration of basic social functions. (Duration: weeks to months) • Reconstruction: o Full resumption of socio-economic functions, plus preventative measures. (Duration: months to years) Whole Community Planning Requirements of the Americans with Disabilities Act and California Access and Functional Needs Legislation Access to emergency services shall not be denied on the grounds of race, color, national origin, sex, age, or handicap. To ensure that this goal is met, Title II of the ADA requires State and local governments to make their programs and services accessible to persons with disabilities. This requirement extends not only to physical access at government facilities, programs, and events - - but also to policy changes governmental entities must make to ensure that all people with disabilities and others with access and functional needs can take part in, and benefit from, the programs and services of State and local governments. The Americans with Disabilities Act of 1990 (ADA) signed into law on July 26, 1990, by President George H. W. Bush, is a broad civil rights law that prohibits discrimination against people with disabilities and others with access and functional needs, including but not limited to mobility, CITY OF TEMECULA 281 Page EMERGENCY OPERATIONS PLAN - 2023 vision, hearing, cognitive disorders, mental illnesses, and language barriers. In 2008, President George W. Bush signed an updated version of the ADA, which is known as the ADA Amendments Act (ADAAA). The revised law broadens the scope of the definition of what it means to have a disability. These changes went into effect January 1, 2009. These amendments make it easier for individuals whole require whole community support services to seek protection under the law. According to a 2010 study, there are almost 11 million people who require access to Whole Community Support Services in California. The lessons documented from the years of assisting individuals who require whole community support services in disasters show three areas that are repeatedly identified as most important to these individuals: communications (alert, warning, notification), evacuation (transportation), and sheltering. California Assembly Bill 2311 (Brown, Chapter 520, Statutes of 2016) added California Government Code section 8593.3, which requires each county and city to integrate access and functional needs upon the next update to its emergency response plan. The new Government Code reads: 8593.3. (a) A county, including cities, shall, upon the next update to its emergency plan, integrate access and functional needs into its emergency plan by addressing, at a minimum, how the access and functional needs population is served by the following: (1) Emergency communications, including the integration of interpreters, translators, and assistive technology. (2) Emergency evacuation, including the identification of transportation resources and resources that are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) for individuals who are dependent on public transportation. (3) Emergency sheltering, including ensuring that designated shelters are compliant with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) or can be made compliant through modification and that showers and bathrooms are fully accessible to all occupants. (b) For purposes of this section, the "access and functional needs population" consists of individuals who have developmental or intellectual disabilities, physical disabilities, chronic conditions, injuries, limited English proficiency or who are non-English speaking, older adults, children, people living in institutionalized settings, or those who are low income, homeless, or transportation disadvantaged, including, but not limited to, those who are dependent on public transit or those who are pregnant. The city will make every effort to address the needs of individuals who require whole community support services. Initially, priorities are focused on lifesaving operations, evacuations, and stabilization of the incident. The County of Riverside will take into consideration the needs of CITY OF TEMECULA 291 Page EMERGENCY OPERATIONS PLAN - 2023 individuals such as issues with communications, mobility, and accessibility. Included in the County's planning efforts for individuals who require whole community support services are: • TTD/TTY contact and captioned cable alert for the hearing -impaired. • Spanish/English outreach programs identified language skills of City employees for interpretation. • ADA compliant access to City facilities and Red Cross shelter facilities. • Identified transportation assistance for those requiring physical assistance. • Temecula ALERT Reverse 911 telephone system for specific geographic areas. • Notification and warning procedures. • Evacuation considerations. • Emergency transportation issues. • Sheltering requirements. • Accessibility to medications, refrigeration, and back-up power. • Accessibility for mobility devices or service animals while in transit or at shelters and accessibility to emergency information. The city will plan for and serve those with access and functional needs, ensuring that the most commonly found areas, requiring consistent improvement are included such as: • Emergency communications. • Emergency evacuations and • Emergency sheltering. Part of any successful planning effort is to understand the impacted population(s). The legal requirements are set forth in Government Code section 8593.3, and define access and functional needs as individuals who have: • Developmental, intellectual, or physical disabilities. • Chronic conditions or injuries and • Limited English proficiency or non-English speaking. Or individuals who are: • Older adults, children, or pregnant. • Living in institutional settings. • Low-income, homeless, and/or transportation disadvantaged; or • From diverse cultures. Lessons documented from years of assisting individuals with access and functional needs in disasters show three areas repeatedly identified as needing improvement: communications, evacuation, and sheltering. CITY OF TEMECULA 301 Page EMERGENCY OPERATIONS PLAN - 2023 Emergency communications During a disaster, effective communication becomes especially critical. As such, information delivered at press conferences by public officials and broadcasted on television during a disaster needs to be effective, understood, consumable, and actionable by the whole community. Effective communication considerations include: • Sign Language interpreters for individuals who are deaf or hard of hearing. • Alternative formats for individuals who are blind/low vision and • Translation services for persons with limited English proficiency or for non-English speaking individuals. Emergency evacuation When local evacuations become necessary, considerations for the whole community include: • Accessible transportation options. • Medical needs and • Keeping individuals connected with their families, personal care providers, essential equipment, technologies, and service animals. Proper planning is including agreements and partnerships with local public and private accessible transportation providers to ensure individuals with disabilities and persons with access and functional needs can evacuate safely during emergencies. Emergency evacuation plans should be viewed as living -v' j rp-- documents because communities change and integrating the needs of individuals with access and functional needs is a dynamic process. OEM will work and partner with local disability and whole community stakeholders to regularly practice, review, revise, and update plans to reflect changes in technology, personnel, and procedures. Sheltering Shelters can be stressful environments and may, without proper planning, exacerbate the physical and emotional impacts that survivors with access and functional needs experience during disasters. Sheltering needs to be inclusive and integrated not segregated. General population shelters need to be in physically accessible locations and equipped with accessible resources (e.g., bathrooms, cots, showers, etc.) to meet the needs of individuals with access and functional needs in a manner that ensures they can remain with their support systems (e.g., personal care provider, service animal, etc.). Assessing potential sheltering facilities before disasters occur is essential as CITY OF TEMECULA 311 Page EMERGENCY OPERATIONS PLAN - 2023 designated shelters should comply with the requirements of the Americans with Disabilities Act (ADA). Cal OES Office of Access and Functional Needs The County Operational Area receives guidance from the California Governor's Office of Emergency Services (Cal OES), Office of Access and Functional Needs. The Cal OES Office of Access and Functional Needs have made resources available to assist communities as they integrate access and functional needs within their emergency planning. Two such tools are: • CalOES Access and Functional Needs Web Map • CalOES Access and Functional Needs Library The Cal OES Access and Functional Needs Web Map To empower emergency managers to identify the access and functional needs -related assets and resources needed to support the health and independence of survivors, the Cal OES Office of Access and Functional Needs partnered with the Cal OES' GIS Division to create the California AFN Web Map — the first -ever searchable, comprehensive, statewide resource for locating AFN- related assets and resources in California. Using data from the U.S. Census, the web map contains the following information for every county in the State of California: • Disability - Total number of individuals in each county with a disability, listed into four categories: hearing difficulty; vision difficulty; cognitive difficulty; and ambulatory difficulty. • Culture - The ethnicity and primary language(s) spoken at home within each county. • Age - The age (across the life spectrum) of individuals in every county. The web map outlines where each of the following resources are located: • Accessible Hygiene Resources - Showers, toileting, and hand washing stations that meet Americans with Disabilities Act (ADA) standards. • Accessible Transportation - Organizations providing public transportation services to seniors and individuals with disabilities that meet Americans with Disabilities Act (ADA) standards. • American Sign Language Interpreting Services - Organizations providing interpretation services for individuals who are deaf or hard of hearing. • Assistive Technology - Organizations providing devices, equipment or technology systems, and services for individuals with disabilities. • Community Emergency Response Teams (CERT) Programs - Local programs that educate individuals about disaster preparedness and train them in basic disaster response skills. • Independent Living Centers - Community -based, non-profit organizations designed and operated by individuals with disabilities. CITY OF TEMECULA 321 Page EMERGENCY OPERATIONS PLAN - 2023 • Language Translation Services - Organizations providing written text or interpretation services in a language other than English. • Regional Centers - Non-profit private corporations that contract with the Department of Developmental Services to provide or coordinate services and support for individuals with developmental disabilities. The Cal OES Office of Access and Functional Needs Library In order to ensure that community leaders, state agencies, advocacy organizations, emergency managers and others have the best and most current access and functional needs -related planning resources available in an easy to access, one -stop -shop central repository, we created the OAFN Library. The OAFN Library is a comprehensive clearinghouse for access and functional needs -specific best practices, guidance documents, videos, and more. For additional questions regarding access and functional needs contact the Cal OES Office of Access and Functional needs at: OAFN@caloes.ca.gov CITY OF TEMECULA 331 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 341 P a g e EMERGENCY OPERATIONS PLAN - 2023 CONTINUITY OF GOVERNMENT A major disaster or national security emergency could result in the death or injury of key government officials and/or the partial or complete destruction of established seats of government, and public and private records essential to continued operations of government and industry. Government at all levels is responsible for providing continuity of effective leadership, authority and adequate direction of emergency and recovery operations. The California Government Code Section 8643(b) and the Constitution of California provide the authority for state and local government to reconstitute itself in the event incumbents are unable to serve. Government at all levels is responsible for providing continuity of effective leadership, authority and adequate direction of emergency and recovery operations (preparedness, response, recovery, and mitigation). Under California's concept of mutual aid, local officials remain in control of their jurisdiction's emergency operations while other jurisdictions may provide additional resources upon request. A key aspect of this control is to be able to communicate official requests, situation reports, and emergency information during any disaster a community might face. Preservation of Local Government Article 15 of the California Emergency Services Act (CESA, Chapter 7 of Division 1 of Title 2 of the Government Code) provides the authority, as well as the procedures to be employed, to ensure continued functioning of political subdivisions within the State of California. Generally, Article 15 permits the appointment of up to three standby officers for each member of the governing body, and up to three standby officers for the chief executive, if not a member of the governing body. Article 15 provides for the succession of officers who head departments responsible for maintaining law and order, or in furnishing public services relating to health and safety. Article 15 also outlines procedures to assure continued functioning of political subdivisions in the event the governing body, including standby officers, is unavailable to serve. The CESA provides for the preservation of city government in the event of a peacetime or national security emergency. Lines of Succession for Officials Charged with Discharging Emergency Responsibilities The first step in assuring continuity of government is to have personnel who are authorized and prepared to carry out emergency actions for government in the event of a natural, technological, or national security disaster/emergency. City Council Article 15, Section 8638 of the CESA authorizes governing bodies to designate and appoint three standby officers for each member of the governing body and for the chief executive, if not a member of the governing body. Standby officers may be residents or officers of a political CITY OF TEMECULA 351 Page EMERGENCY OPERATIONS PLAN - 2023 subdivision other than that to which they are appointed. Standby officers take the same oath as regular officers and are designated Number 1, 2, or 3. To this end, the City of Temecula, with concurrence of the City Council, shall designate standby Council Members for line of succession planning as follows: 1. Chair, Planning Commission 2. Vice -Chair, Planning Commission 3. Chair, Public/Traffic Safety Commission 4. Vice -Chair, Public/Traffic Safety Commission 5. Chair, Community Services Commission 6. Vice -Chair, Community Services Commission 7. Chair, Race, Equity, Diversity, and Inclusion Commission 8. Vice -Chair, Race, Equity, Diversity, and Inclusion Commission The standby Council Members shall have the same authority and powers as the regular Council Members. Pursuant to Section 8641 of the Government Code, each standby Council Member shall take the oath of office required for the office of City Council Member. Persons appointed as standby Council Members shall serve in their posts at the pleasure of the City Council appointing them and may be removed and replaced at any time with or without cause. Standby Council Members serve only until the regular Council Member becomes available or until a new Council Member is either elected or appointed. In the event a standby office becomes vacant because of removal, death, resignation, or other cause, the City Council shall have the power to appoint another person to fill said office. The City of Temecula Municipal Code Section 2.56.040 establishes the position of Director of Emergency Services. The City Manager shall serve as the Director. A successor to the position of Director of Emergency Services shall be appointed by the City Manager. Succession occurs: • Should the director be unavailable or unable to serve, the positions listed below, in order, shall act as the Director of Emergency Services. • Should these positions be unavailable or unable to serve, the individuals who hold permanent appointments to the following positions in the city will automatically serve as acting director in the order shown. The individual who serves as acting director shall have the authority and powers of the Director and will serve until the Director is again able to serve, or until a successor has been appointed by the City Council. First Alternate: Assistant City Manager Second Alternate: Deputy City Manager Notification of any successor changes shall be made through the established chain of command. Article 15, Section 8637 of the CESA authorizes political subdivisions to provide for the succession of officers (department heads) having duties related to law and order and/or health and safety. CITY OF TEMECULA 361 Page EMERGENCY OPERATIONS PLAN - 2023 Article 15, Section 8644 of the CESA establishes a method for reconstituting the governing body. It authorizes that, should all members, including all standbys be unavailable, temporary officers shall be appointed as follows: • By the chairman of the board of the county in which the political subdivision is located. • By the chairman of the board of any other county within 150 miles (nearest and most populated down to farthest and least populated). • By the mayor of any city within 150 miles (nearest and most populated down to farthest and least populated). Article 15, Section 8642 CESA authorizes local governing bodies to convene as soon as possible whenever a State of War Emergency, State of Emergency, or Local Emergency exists, and at a place not necessarily within the political subdivision. Article 15, Section 8643 CESA describes the duties of a governing body during emergencies as follows: • Ascertain the damage to the jurisdiction and its personnel and property. • Reconstitute itself and any subdivisions. • Perform functions in preserving law and order and furnishing local services. Departmental Below is the continuity of government lines of succession plan for departmental emergency functions. Service/DepartmentP. City Manager (Director, Emergency Services) 1. Assistant City Manager 2. Deputy City Manager Fire Chief (Battalion 15) (Division 3) 1. Battalion Chief 15A 2. Battalion Chief 15B Police Chief (Riverside County Sheriff) 1. Police Lieutenant 2. Police Lieutenant Public Works Director 1. Principal Management Analyst 2. Principal Engineer Community Services Director 1. Community Services Superintendent 2. Community Services Superintendent Community Development Director 1. Principal Management Analyst 2. Principal Planner Finance Director 1. Assistant Director of Finance 2. Fiscal Services Manager Human Resources Director (HR/Risk) 1. Senior Human Resources Analyst 2. Senior Human Resources Analyst CITY OF TEMECULA 371 Page EMERGENCY OPERATIONS PLAN - 2023 Service/DepartmentP. City Clerk 1. Deputy City Clerk 2. Records Manager City Attorney 1. Assistant City Attorney 2. As Appointed Information Technology Director 1. Assistant Director of Information Tech. 2. GIS Supervisor Economic Development 1. Assistant to the City Manager 2. Management Analyst EOC Lines of Succession Lines of succession for Emergency Operations Center (EOC) staff are maintained separately in the EOC Activation and Leadership Guide as well as each position specific binder. Essential facilities: Seat of Government When emergency conditions arise, the temporary seat of government must be selected by evaluating potential hazards, maximizing safety and security, and understanding the potential for the site to adequately respond to the emergency. Section 8642 of the CESA authorizes the City Council to meet at a place not necessarily within the city in the event of State of War Emergency, State of Emergency, or Local Emergency. Primary Seat of Government Temecula Civic Center 41000 Main Street Temecula, CA 92592 Latitude: 33.49453' N Longitude: 117.14750' W What3words: ///fighters.staging.donor Section 54954 of the Brown Act provides that if a fire, flood, earthquake, or other emergency makes it unsafe to meet in the place designated for holding regular City Council meetings, the presiding officer of the City Council, or his or her designee, can designate the place that regular meetings will be held for the duration of the emergency. The presiding officer's designation of a meeting place under those circumstances must be: • If City Hall is not usable because of emergency conditions, the temporary office of city government will be as follows: o 1st Alternate: Ronald H. Roberts Temecula Public Library 30600 Pauba Road Temecula, CA 92592 Latitude: 33.49679' N Longitude: 117.12365' W CITY OF TEMECULA 381 Page EMERGENCY OPERATIONS PLAN - 2023 What3words: ///calls.trail.wolf o 2nd Alternate: Temecula Valley Entrepreneurs Exchange (Old City Hall) 43200 Business Park Drive Temecula, Ca 92590 Latitude: 33.50285' N Longitude: 117.16345' W What3words: ///prefer.dissolve.goals • If the two Alternate locations, as well as any other location in the city are not usable, then the city will reach out to neighboring cities to find a suitable location. Essential facilities: Emergency Operations Center An Emergency Operation Center is the center of the City of Temecula's response to emergency conditions. The wide range of potential emergency conditions must consider that the primary Emergency Operations Center may be suspectable to emergency conditions that make specific locations unsafe. When selecting the Emergency Operations Center, potential hazards, maximizing safety and security, and understanding the potential for the site to adequately respond to the emergency must be considered. The primary and Emergency Operations Center locations are listed below and include specific location identifiers for emergency responders, and other outside agencies. Primary Emergency Operations Center Temecula Civic Center 41000 Main Street Temecula, CA 92592 Latitude: 33.49453' N Longitude: 117.14750' W What3words: ///fighters.staging.donor Alternate Emergency Operations Center Ronald H. Roberts Temecula Public Library 30600 Pauba Road Temecula, CA 92592 Latitude: 33.49679' N Longitude: 117.12365' W What3words: ///calls.trail.wolf Tertiary Emergency Operations Center Fire Station 84 30650 Pauba Road Temecula, CA 92592 Latitude: 33.49710' N Longitude: 117.12166' W CITY OF TEMECULA 391 Page EMERGENCY OPERATIONS PLAN - 2023 What3words: ///recital.blinks.ambition Virtual Operations (Pandemic or other Public Health Emergency) Meeting virtually on conferencing software such as Zoom, Microsoft Teams, etc. with an authorizing emergency order. The alternate EOC will be activated only during an event in which the primary EOC is damaged, inaccessible, and/or evacuation of EOC staff members becomes necessary. The operational capabilities of the alternate EOC will be similar to the primary EOC. When the use of an alternate EOC becomes necessary, those occupying the primary EOC will be asked to relocate to the alternate EOC site. If the primary EOC is unusable before its activation, staff members will be asked to report to the alternate EOC site. The Logistics Section will arrange for relocation of EOC staff members to the alternate EOC. Direction and control authority will be transferred from the primary EOC to an alternate EOC when necessary, by the EOC Director. All Section Coordinators will advise their emergency response field forces of the transition to the alternate EOC. If the primary and alternate EOC are not safe to use, as in an earthquake situation that threatens both facilities, the city will secure an EOC facility outside of the city that is in a safe location and near the city. Preservation of Vital Records In the City of Temecula, the City Clerk is responsible for the preservation of vital records. If the City Clerk is unavailable, the Deputy City Clerk will be responsible for the preservation of vital records. Vital or essential records are an important component to the continuity of government during an emergency. The City must be able to access vital records within 12 hours of establishing that there is an emergency. In 2005, after Hurricane Katrina, officials in the federal state archives suggested changing the vital records terminology to essential records to distinguish records that focus on birth and death certificates and similar vital records. (Essential Records Guide August 2018, National Archives and Records Administration). To remain consistent with the practice of FEMA and the National Archives and to eliminate any potential confusion with vital records maintained by the County -Assessor -Clerk -Recorder's Office, the City of Temecula will adopt the use of essential records to describe emergency records. There are two main types of essential records, Emergency Operating Records - records an organization needs to continue functioning or to reconstitute after an emergency, and Legal and Financial Rights Records — records needed to protect the legal and financial rights of the City and of the individuals directly affected by its activities. Examples of Emergency Operating Records include: • Emergency plans and directive(s) which specify how an agency will respond to an emergency. • Electronic records systems that determine which records are essential • Orders of succession • Delegations of authority • Staffing assignments CITY OF TEMECULA 401 Page EMERGENCY OPERATIONS PLAN - 2023 • Selected program records needed to continue the most critical agency operations under emergency conditions and to resume normal operations after an emergency Examples of Legal and Financial Rights Records include: • Accounts receivable records • Titles, deeds, and contracts • Licenses and long-term permits • Payroll records • Retirement records • Insurance records To ensure that the City is able to maintain continuity of government and access to essential records within 12 hours of the establishment of an emergency, the City has established an Essential Records Program. As part of the Essential Records Plan, a program manager will identify a small amount of City records to be considered essential. As part of the Essential Records plan, the city will maintain an Essential Records inventory to track the records series, their locations, media type, employee responsible, and backup dates to ensure that they're continuously prepared for emergencies and ensure that essential records are locatable in an emergency. The program manager will conduct annual essential records risk assessments to guarantee the policy remains relevant and accurate. The Essential Records Plan includes a Records Disaster Mitigation and Recovery Plan. Given the importance of essential records, the city will maintain an offsite storage of copies in a facility not immediately subject to the same emergency or disaster and that is reasonably accessible to agency staff. The offsite location is environmentally controlled, and the program manager, along with the IT Department, will conduct annual testing of recovery strategies as part of the Records Disaster Mitigation and Recovery Plan. CITY OF TEMECULA 411 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 421 P a g e EMERGENCY OPERATIONS PLAN - 2023 STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS) The Standardized Emergency Management System (SEMS) was developed in 1991 after the devastating Oakland -East Bay Hills Fire. During the mutual aid responses to the fire, it was determined that many problems existed with communications, insufficient information flow and no set organizational structure. As a result, Senator Petris, who also lost his home during the fire, introduced Senate Bill 1841. This bill went into effect on January 1, 1993. It is intended to standardize response to emergencies involving multiple jurisdictions or multiple agencies. SEMS is required by the California Emergency Services Act (Government Code Section 8607(a)) for managing multiagency and multijurisdictional responses to emergencies in California. The system unifies all elements of California's emergency management community into a single integrated system and standardizes key elements. SEMS incorporates the use of the Incident Command System, California Disaster and Civil Defense Master Mutual Aid Agreement, the Operational Area concept and multiagency or inter -agency coordination. State agencies are required to use SEMS and local government entities must use SEMS in order to be eligible for any reimbursement of response -related costs under the state's disaster assistance programs. The City of Temecula has adopted Resolution No. 95-07 approving participation in the Standardized Emergency Management System of the State of California. What sets SEMS apart from ICS is that ICS applies to field operations and SEMS originated at the state level were coordinating multi -agency resources and working together in a coordinated effort for sharing of critical resources and the prioritization of incidents. Unified command is what allows multiple agencies with responsibility for an incident, either geographical or functional, to manage an incident by establishing a common set of incident objectives and strategies. This is accomplished without losing or abdicating agency authority, autonomy, responsibility, or accountability. Incident Command System (ICS) ICS is a nationally recognized on -scene emergency management system specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. ICS uses a common organizational structure to effectively accomplish management of the incident by objectives. The five functions of the ICS organization are command, operations, planning, logistics and finance. Command is responsible for directing, ordering, and/or controlling resources by virtue of explicit legal, agency, or delegated authority. It includes the incident commander (IC) who is responsible for the overall management of the incident. The command function also includes the Information Officer, Liaison Officer, and Safety Officer. CITY OF TEMECULA 431 Page EMERGENCY OPERATIONS PLAN - 2023 Operations is responsible for the coordinated tactical response of all field operations directly applicable to or in support of the mission(s) in accordance with the Incident Action Plan. Operations develops the operations portion of the Incident Action Plan, requests resources to support tactical operations, maintains close communication with the Incident Commander, and ensures safe tactical operations. The operations function includes branches, divisions, groups, and air operations personnel. Planning is responsible for the collection, evaluation, documentation, and use of information about the development of the incident. The planning function includes the resource unit, situation unit, documentation unit, and demobilization unit. Logistics is responsible for providing facilities, services, personnel, equipment, and tracking the status of resources and materials in support of the incident. The logistics function includes the supply unit, facilities unit, ground support unit, communications unit, food unit, and medical unit. Finance is responsible for all financial and cost analysis aspects of the incident, and/or any administrative aspects not handled by the other functions. The finance function includes the time unit, procurement unit, compensation/claims unit, and the cost unit. Figure 5: Generic ICS Organizational Chart Incident Commander(s) Public Information Officer Liaison Officer Legal Officer F- H Safety Officer ICS Advisor nning Section Chief Logistics Section Ch� Service Branch Director Communications Unit Leader Medical Unit Leader Food Unit Leader Support Branch Director Supply Unit Leader Technical Specialists* Ground Support Unit Leader Facilities Unit Leader Vessel Support Unit Leader CITY OF TEMECULA 441 Page EMERGENCY OPERATIONS PLAN - 2023 Principles of ICS The system's organizational structure adapts to any emergency or incident to which emergency response agencies would expect to respond. Components of ICS are: • Common terminology • Modular organization • Unified command structure • Consolidated action plans • Manageable span -of -control • Pre -designed incident facilities • Comprehensive resource management, and • Integrated communications Common titles for organizational functions, resources, and facilities within ICS are utilized. The organizational structure is developed based upon the type and size of an incident. Staff builds from the top down as the incident grows, with responsibility and performance placed initially with the Incident Commander. At all incidents there will be five functions: management; operations; planning; logistics; and finance. Initially, the Incident Commander may be performing all five functions. Then, as the incident grows, each function may be established as a section with several units under each section. Unified command structure is a unified team effort that allows all agencies with responsibility for the incident to manage an incident by establishing a common set of incident objectives and strategies. Mutual Aid System California's emergency planning and response includes a statewide mutual aid system which is designed to ensure that adequate resources, facilities, and other support is provided to jurisdictions whenever their own resources prove to be inadequate to cope with a given situation(s). The basis for the system is the California Disaster and Civil Defense Master Mutual Aid Agreement, as provided for in the California Emergency Services Act. This agreement is designed to ensure that adequate resources, facilities, and other support is provided to jurisdictions whenever their own resources prove to be inadequate to cope with an emergency. Multi -Agency Coordination System (MACS) The multi -agency coordination system (MACS) is the decision -making system used by member jurisdictions of the Riverside County Operational Area. Agencies and disciplines involved at any level of the Standardized Emergency Management System (SEMS) organization working together to facilitate decisions for overall emergency response activities, including the sharing of critical resources and the prioritization of incidents. CITY OF TEMECULA 451 Page EMERGENCY OPERATIONS PLAN - 2023 Operational Area (OA) Concept SEMS regulations specify that all local governments within a county geographic area be organized into a single Operational Area. The County of Riverside is the lead agency for the Riverside County Operational Area in accordance with SEMS. The City of Temecula is located within the Riverside County Operational Area. Operational Area Planning Committee The County of Riverside Emergency Services Ordinance 533, Section 2.1, establishes the Operational Area Planning Committee (OAPC) by the Board of Supervisors. The OAPC has the responsibility to oversee the emergency management activities of the Riverside OA. Membership in the committee consists of representatives from certain designated county departments, all cities within Riverside County, and all special districts who have signed the OA Agreement. The OAPC has a set of by-laws governing membership, voting, and grant review and funding policies. Five Levels of SEMS There are five designated levels in the SEMS organization: Field Response, Local Government, Operational Area, Regional and State. Figure 6: SEMS Levels Chart STANDARDIZED EMERGENCY MANAGEMENT SYSTEM steee +soc 1� , L7E8 Region ,Regions ,+REOC eaone[Areay + EOC + DQC ��local Goyerntrenl q city. spedal Olabia etc. + EOC + HOC eld ICP First Responders etc. Field Response Level — The field response level is where emergency response personnel and resources, under the command of an appropriate authority, carry out tactical decisions and activities in direct response to an incident or threat. SEMS regulations require the use of the Incident Command System (ICS) at the field response level of an incident. The ICS field functions are: command, operations, planning/intelligence, logistics, and finance/administration. Local Government Level - Local governments include cities, counties, and special districts. Local governments manage and coordinate the overall emergency response and recovery activities within their jurisdiction. Local governments are required to use SEMS when their emergency operations center is activated, or a local emergency is proclaimed in order to be eligible for state funding of response -related personnel costs. Local governmental levels shall provide the following functions: management, operations, planning/intelligence, logistics, and finance/administration. Local jurisdictions are responsible for overall direction of personnel and equipment provided for emergency operations through mutual aid (Government Code Section 8618). CITY OF TEMECULA 461 Page EMERGENCY OPERATIONS PLAN - 2023 Cities are responsible for emergency response within their boundaries, although some cities contract for some municipal services from other agencies. Note: City of Temecula contracts with Riverside County for both fire and law enforcement services. The city requests all mutual aid (except fire and law) through the Operational Area. Fire and law mutual aid are coordinated through the designated Regional Fire and Law Coordinators. Special districts are primarily responsible in emergencies for restoration of services that they normally provide. They may also be responsible for safety of people at their facilities or on their property and for warning of hazards from their facilities or operations. Some special districts may assist other local governments in the emergency response. All local governments are responsible for coordinating with other local governments, the field response level, and the operational area. Local governments are also responsible for providing mutual aid within their capabilities. Operational Area Level — Under SEMS, the Operational Area serves as an intermediate level of the state's emergency services organization and encompasses the County, including special districts. The Operational Area manages and coordinates information, resources, and priorities among local governments within the County and serves as the coordination and communication link between the local government level and the regional level. In order to facilitate and coordinate at the operational area level Riverside County has two emergency operation centers (EOCs) to serve Riverside County. They are located at : Riverside County (West) Primary Emergency Operations Center • 450 East Alessandro Blvd. • Riverside, CA 92508 Riverside Countv (East) Secondary Emerzencv Operations Center • 82-695 Dr. Carreon Blvd • Indio, CA 92201 CITY OF TEMECULA 471 Page EMERGENCY OPERATIONS PLAN - 2023 Regional Level — Because of its size and geography, the state has been divided into six mutual aid regions. The purpose of a mutual aid region is to provide for the more effective application and coordination of mutual aid and other emergency related activities. Cal OES has also established three Administrative Regions (Coastal, Inland and Southern). These Administrative Regions are how Cal OES maintains day-to-day contact with emergency services organizations at local, county, and private sector organizations. Figure 7: CaIOES Administrative Regions In SEMS, the regional level manages and coordinates information and resources among operational areas within the mutual aid region and between the operational areas and the state level. The regional level also coordinates overall state agency support for emergency response activities within the region. California Regions • Northern OES Region III _ — Inland OES Region IV Coastal OES Region II - Valley OES Southern Region V OES Region VI Southern -� OES Region I Figure 8: CaIOES Mutual Aid Regions State Level — The state level of SEMS manages state resources in response to the emergency needs of the other levels and coordinates mutual aid among the mutual aid regions and between the regional level and state level. The state level also serves as the coordination and communication link between the state and the federal disaster response system. The City of Temecula is located within Cal OES's Southern Administrative Region and Region 6 mutual aid region. National Incident Management System (NIMS) NIMS is a system very similar to the State of California Standardized Emergency Management System (SEMS) and is mandated by Homeland Security Presidential Directive (HSPD-5). The purpose of NIMS is to enhance the ability to manage domestic incidents by establishing a uniform set of processes and procedures that emergency responders at all levels of government will use to conduct response operations. CITY OF TEMECULA 481 Page EMERGENCY OPERATIONS PLAN - 2023 There are a total of 6 components that make up NIMS. They are Command and Management, Preparedness, Resource Management, Communications and Information Management, Supporting Technologies, and Ongoing Management and Maintenance. Command and Management NIMS standard incident command structures are based on three key organizational systems: • The Incident Command System (ICS) - ICS is a standardized, on -scene, all -hazard incident management concept. Its organizational structure allows its users to match the complexities and demands of single or multiple incidents without being hindered by jurisdictional boundaries. • Multi Agency Coordination Systems - Provides coordination for incident prioritization, critical resource allocation, communication systems integration and information coordination. These systems include facilities, equipment, emergency operation centers (EOCs), personnel, procedures, and communications. • Public Information Systems - Includes processes, procedures, and systems for communicating timely and accurate information to the public during an emergency. Preparedness Effective incident management begins with a host of preparedness activities conducted on an ongoing basis, well in advance of any potential incident. Preparedness involves an integrated combination of planning, training, exercises, personnel qualification and certification standards, equipment acquisition and certification standards, and publication management processes and activities. • Planning - Plans describe how personnel, equipment, and other resources are used to support incident management and emergency response activities. Plans provide mechanisms and systems for setting priorities, integrating multiple entities and functions, and ensuring that communications and other systems are available and integrated in support of a full spectrum of incident management requirements. • Training - Training includes standard courses on multi agency incident command and management, organizational structure, and operational procedures; discipline -specific and agency -specific incident management courses; and courses on the integration and use of supporting technologies. • Exercises - Incident management organizations and personnel must participate in realistic exercises —including multi -disciplinary, multi -jurisdictional, and multi -sector interaction —to improve integration and interoperability and optimize resource utilization during incident operations. • Personnel Qualification and Certification - Qualification and certification activities are undertaken to identify and publish national -level standards and measure performance against these standards to ensure that incident management and emergency responder personnel are appropriately qualified and officially certified to perform NIMS-related functions. CITY OF TEMECULA 491 Page EMERGENCY OPERATIONS PLAN - 2023 • Equipment Acquisition and Certification - Incident management organizations and emergency responders at all levels rely on various types of equipment to perform mission essential tasks. A critical component of operational preparedness is the acquisition of equipment that will perform to certain standards, including the capability to be interoperable with similar equipment used by other jurisdictions. • Mutual Aid - Mutual -aid agreements are the means for one jurisdiction to provide resources, facilities, services, and other required support to another jurisdiction during an incident. Each jurisdiction should be party to a mutual -aid agreement with appropriate jurisdictions from which they expect to receive or to which they expect to assist during an incident. • Publications Management - Publications management refers to forms and forms standardization, developing publication materials, administering publications —including establishing naming and numbering conventions, managing the publication and promulgation of documents, and exercising control over sensitive documents —and revising publications when necessary. Resource Management The NIMS defines standardized mechanisms and establishes requirements for processes to describe, inventory, mobilize, dispatch, track, and recover resources over the life cycle of an incident. Communications and Information Management The NIMS identifies the requirement for a standardized framework for communications, information management (collection, analysis, and dissemination), and information- sharing at all levels of incident management. These elements are briefly described as follows: • Incident Management Communications - Incident management organizations must ensure that effective, interoperable communications processes, procedures, and systems exist to support a wide variety of incident management activities across agencies and jurisdictions. • Information Management - Information management processes, procedures, and systems help ensure that information, including communications and data, flows efficiently through a commonly accepted architecture supporting numerous agencies and jurisdictions responsible for managing or directing domestic incidents, those impacted by the incident, and those contributing resources to the incident management effort. Effective information management enhances incident management and response and helps ensure that crisis decision- making is better informed. Supporting Technologies Technology and technological systems provide supporting capabilities essential to implementing and continuously refining the NIMS. These include voice and data communications systems, information management systems (i.e., record keeping and resource tracking), and data display systems. Also included are specialized technologies that facilitate ongoing operations and incident management activities in situations that call for unique technology -based capabilities. CITY OF TEMECULA 501 Page EMERGENCY OPERATIONS PLAN - 2023 Ongoing Management and Maintenance This component establishes an activity to provide strategic direction for and oversight of the NIMS, supporting both routine review and the continuous refinement of the system and its components over the long term. National Incident Management System (NIMS) Compliance Requirements: 1. Adopt NIMS to receive federal preparedness assistance. On September 12, 2006, the City of Temecula adopted NIMS. 2. Adopt the Incident Command System (ICS). The City of Temecula meets this requirement since ICS is a foundational element of Standardized Emergency Management System (SEMS) and is practiced by emergency management on a day- to-day basis. 3. Develop mutual aid agreements. Resolution No. 93-18, the California Disaster and Civil Defense Master Mutual Aid Agreement, was approved and adopted by the City of Temecula City Council on February 23, 1993. The agreement enables the sharing of every type of emergency response resource (firefighting, law enforcement, medical, etc.) between all jurisdictions. 4. Equipment certification and resource management. The State of California has designated a SEMS Resource Management Specialist Committee to address this through the development of templates and/or guidelines consistent with NIMS. SEMS Requirements for Local Governments The City of Temecula will comply with SEMS regulations in order to be eligible for state funding of response -related personnel costs and will: 1. Use SEMS when • A local emergency is proclaimed, or • The City EOC is activated. 2. Establish coordination and communications with Incident Commanders either • Through departmental operating centers (DOCs) to the EOC, when activated, or • Directly to the EOC, when activated. 3. Use existing mutual aid systems for coordinating fire and law enforcement resources. 4. Establish coordination and communications between the City of Malibu's EOC when activated, and any state or local emergency response agency having jurisdiction at an incident within the city's boundaries. 5. Use multi -agency or inter -agency coordination to facilitate decisions for overall local government level emergency response activities. City of Temecula's Responsibilities Under SEMS The development of SEMS will be a cooperative effort of all departments and agencies within the City of Temecula with an emergency response role. The Emergency Manager has the lead staff responsibility for emergency management compliance with responsibilities for: CITY OF TEMECULA 511 Page EMERGENCY OPERATIONS PLAN - 2023 • Communicating information within the City of Temecula on emergency management requirements and guidelines. • Coordinating SEMS development among departments and agencies. • Incorporating SEMS into the City of Temecula's EOP and procedures. • Incorporating SEMS into the City of Temecula's emergency ordinances, agreements, memorandum of understandings, etc. • Identification of special districts that operate or provide services within the boundaries of the City of Temecula. The emergency role of these special districts should be determined, and provisions made for coordination during emergencies. • Identification of local volunteer and private agencies that have an emergency response role. Contacts should be made to develop arrangements for coordination in emergencies. CITY OF TEMECULA 521 Page EMERGENCY OPERATIONS PLAN - 2023 CITY OF TEMECULA EMERGENCY MANAGEMENT ORGANIZATION This section establishes policies and procedures and assigns responsibilities to ensure the effective management of emergency operations under the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). It provides information on the City of Temecula's emergency management structure and how the emergency management team is activated. The City of Temecula operates under the Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS), which are discussed in detail under SEMS and NIMS earlier in this plan. The City of Temecula's emergency management organization (including emergency response and recovery) will be directed by the City Manager who serves as the Director of Emergency Services. The Director of Emergency Services is responsible to the City Council and Disaster Council per Chapter No. 2.56.040 of the City of Temecula's Municipal Code. The Director of Emergency Services is responsible for implementing the Emergency Operations Plan (EOP). While serving as the Director of Emergency Services during an actual emergency, this position will be referred to as the Disaster Director. The Director of Emergency Services/Disaster Director is supported by the Office of Emergency Management. The Emergency Manager position, during an actual emergency or EOC activation, will be referred to as the EOC Director and has overall responsibility for: • Organizing, staffing, and operating the Emergency Operations Center (EOC). • Operating communications and warning systems. • Providing information and guidance to the public. • Maintaining information on the status of resources, services, and operations. • Directing overall operations as established by the Emergency Services Director. • Obtaining support for the City of Temecula and providing support to other jurisdictions as required. • Identifying and analyzing potential hazards and recommending appropriate countermeasures. • Collecting, evaluating, and disseminating damage assessment and other essential information. • Providing status and other reports to the Riverside County Operational Area. The City of Temecula's Emergency Organization is reflected in the EOC Organization Chart below (Figure 9). SEMS EOC Functions • The Operations Section is responsible for coordinating all field operations in support of the emergency. The Operations Section includes the following positions: Operations Section Chief; Public Works/Utilities Branch Director and Construction/Engineering, Maintenance/Ops, and Damage Assessment Unit Leaders; Community Services Branch CITY OF TEMECULA 53 1 ' a g e EMERGENCY OPERATIONS PLAN - 2023 Director and Medical/Health, Care & Shelter, and Animal Shelter Unit Leaders; Fire & Rescue Branch Director and Hazmat/Search & Rescue Unit Leaders; and Law Enforcement Branch Director and Coroner, and Evacuation Unit Leaders. • The Planning/Intelligence Section is responsible for collecting, evaluating, and disseminating information, developing an Action Plan every 12-hour period during activation, and documentation. The Planning/Intelligence Section includes the following positions: Planning/Intelligence Section Chief, Advanced Planning Unit Leader, Documentation/Recovery Unit Leader, Situation Assessment Unit Leader, Message Center Unit Leader, EOC Operators and EOC Runners. • The Logistics Section is responsible for coordinating and processing requests for additional resources. The Logistics Section includes the following positions: Logistics Section Chief, Communications Unit Leader, Facilities Coordination Unit Leader, Personnel Unit Leader, Supply/Procurement Unit Leader, IT Unit Leader, GIS Unit Leader, Transportation Unit Leader and Donations Management Unit Leader. • The Finance Section is responsible for financial activities such as tracking emergency hours, compensation and claims, and overall emergency costs. The Finance Section includes the following positions: Finance Section Chief, Time Keeping Unit Leader, Compensation and Claims Unit Leader, Cost Recovery Unit Leader, and Purchasing Unit Leader. EOC Policy Group The Policy Group is the policy element of the EOC and consists of the Mayor and City Council, City Manager, EOC Director, and key City of Temecula department directors. The exact combination of Department Directors depends on the type of disaster and which departments have roles in the response and/or recovery. The Policy Group provides advice to the mayor on policy level issues that arise due to an ongoing emergency or disaster. The EOC Director participates in the Policy Group and is responsible for ensuring that its members are provided with up-to-date situation and status information to support their response management and policy decision activities. This includes, but is not limited to: • Recall of employees • Identify and communicate the strategic goals for overall management during emergency situations to the Disaster Director • Establishing curfews • Preventing price gouging • Ensure city-wide unity of effort to address the objectives of the incident response and recovery • Issuing large scale evacuation orders • Make decisions regarding policies and emergency ordinances, as needed. The EOC Policy Group and other EOC positions are shown in the EOC Organization Chart. CITY OF TEMECULA 541 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 9: City of Temecula EOC Organization Chart v: February 2D21 Emergency Operations Center (EOC) Organizational Chart sarea- n---r aim., -.rva- EOC Activation Policies The Office of Emergency Management (OEM) maintains the City of Temecula's Emergency Operations Center (EOC) and is prepared to activate it during times of emergency or disaster. The mission of the City of Temecula EOC is to minimize the impact of incidents on the community through coordinated planning, information sharing, and resource allocation between all City departments, partnering agencies and the public. Typically, the Emergency Manager, in consultation with the City Manager or his/her designee, authorizes the activation of the EOC. However, any department director or incident commander may request activation when they see a need to develop plans of action, coordinate resources, gather information, or seek assistance in resolving policy issues during events. Factors to consider when determining if EOC activation is needed, and to what level, are: • The nature, scale, and severity of the hazard and immediate known or possible impacts (which may include secondary risks or impacts). • The potential for the hazard and/or secondary impacts to increase. • The degree and extent of support needed to achieve response and/or recovery objectives. • The time of day and day of the week. • The number of media or public attention garnered by the incident. • The benefit achieved by coordinating departmental operations from a centralized location. • Other unrelated incidents underway or planned events scheduled. CITY OF TEMECULA 551 Page EMERGENCY OPERATIONS PLAN - 2023 Depending on the nature of the emergency, the Emergency Manager or designee may activate the EOC to one of three levels. They are: EOC Activation Levels Normal Management operating Watch Level Level .onditions IM • EOC is inactive • No threat identified • No EOC staff required to report for duty ■ EOC is inactive • A threat has been identified and is closely being monitored ■ EOC staff should regularly check emails and make plans in case they are required to report for duty • No EOC staff required to report for duty • EOC is active • small scale emergency ■ EOC staff should regularly check emai€s and make plans in case they are required to report for duty • Select EOC staff required: Disaster Director, Planning and Intel Chief, applicable EOC positions, and applicable EOC Volunteers • EOC is active • Medium scale emergency • Potential limited evacuations • EOC staff should regularly check emails and make plans in case they are required to report for duty • Select EOC staff required: Disaster Director, all section chiefs, applicable branches, units and agency representatives. • EOC is active ■ Large Scale Emergency • Potential extensive evacuations • All EOC Staff required Figure 10: City of Temecula EOC Activation Levels Employee Response Ultimately, all employees must be prepared to report to the EOC if requested, provided they are physically able to do so. If the telephone system has failed and no other means of communication is available, employees shall be guided by their respective department response plans. Additionally, employees are encouraged to listen to the radio, as the city may utilize the designated Emergency Alert System (EAS) radio station for the City of Temecula (WQIQAM 1610) to broadcast information relative to Temecula City employees. The city will utilize a telephonic system to quickly recall EOC personnel. The system dials home, work, cell, and other numbers until it reaches the person. All city personnel need to realize that as disaster service workers they may need to use good judgment and "self -activate" to their job site if the situation warrants, and all means of communication is down. CITY OF TEMECULA 561 Page EMERGENCY OPERATIONS PLAN - 2023 EOC Hours of Operation During the work week of Monday through Friday, the EOC is open from 8 a.m. to 5 p.m. During an activation, the Emergency Manager will set the hours of operation for the EOC. This decision is based on the circumstances of the emergency. Examples of hours of operation based on the EOC activation levels are: Management Watch • The initial stage of response activities for the City EOC. Management Watch requires the Office of Emergency Management (OEM) to monitor events and notify the City Manager or Assistant City Manager to recommend/advise if Management Watch is warranted or next level. I oval Thrace • Staff may be requested to monitor the situation from the EOC or from their regular workstations during normal or extended hours and periodically meet to discuss the situation status. • Staff may be requested to monitor the situation from the EOC 24 hours a day, rotating shifts every 12 hours. Level Two (Limited Activation) • Staff may be requested to operate the EOC during normal or extended hours. • Staff may be requested to operate the EOC 24 hours a day, rotating shifts every 12 hours. Level One (Full Activation) • Staff will be requested to operate the EOC 24 hours a day, rotating shifts every 12 hours. EOC Coordination During EOC activations, coordination will occur at all levels. Field personnel (via the Incident Commander) will coordinate with the Temecula EOC utilizing their department -specific branch representative located in the EOC. An example is the Incident Commander (IC) for rescue operations will coordinate with the EOC Fire and Rescue Branch Director. Depending on the kind of incident, the Temecula EOC may coordinate with special districts, utilities, volunteer organizations and/or private organizations. During EOC activations, special districts, utilities, volunteer organizations and/or private organization responding to Temecula - focused emergencies will coordinate and communicate directly with the Temecula EOC. Ideally, they will provide an agency representative to the EOC to better facilitate coordination. The Riverside County Operational Area EOC will coordinate with the Temecula EOC and other EOCs within Riverside County. Information from all EOCs within Riverside County will be filtered into the Riverside County Operational Area EOC, who will then disseminate county -wide information back to EOCs within the County. If mutual aid is required, Temecula's EOC will request it through the Riverside County Operational Area EOC. CITY OF TEMECULA 571 Page EMERGENCY OPERATIONS PLAN - 2023 Riverside County serves as the single point of contact for its jurisdiction to the State's Regional Emergency Operating Center (REOC). Riverside County EOC reports county -wide information to the REOC utilizing the stat version of WebEOC called CALEOC. EOC Information Tracking The Temecula EOC utilizes Microsoft TEAMS (MS TEAMS) to track all messages, position logs, situation reports, damage reports, press releases, action plans, and resource requests. This system is networked, allowing users to easily share information while in person or a virtual environment. If the network system is not available, each EOC computer has Wi-Fi capability that will allow them to login remotely to access the EOC management system. If computers are damaged, or the backup generator is not working, all EOC forms are printed and available to utilize manually. Displays Visual boards displayed on the EOC Video Wall enable the Operations Section to build a common operating picture of what is transpiring for the incidents. News media outlets, resource needs, logs of actions and mapping are all examples of requirements that may be necessary in order to visually depict what is happening in the field. Display No. Display Title (Description) Display Responsibility Traffic Cameras Operations Section 2 Media (News Outlets) Management Section PIO 3 Incident Mapping Planning Section 4 Weather Operations Section 5 WebEOC Operations Section b Incident Specific Data / Information Operations Section Figure 11: EOC Display Chart EOC Joint Information Center (JIC) To facilitate multi -agency public information communications and coordination, Temecula's Public Information Officer (PIO) may activate a Joint Information Center (JIC). A Joint Information Center is activated when multiple agencies need to collaborate to provide timely, useful, and accurate information to the public. The Conference Center at City Hall will serve as the primary location for the JIC. CITY OF TEMECULA 581 Page EMERGENCY OPERATIONS PLAN - 2023 MUTUAL AID California participates in a statewide mutual aid system that is designed to ensure adequate support is provided to jurisdictions whenever their own resources are exhausted. The basis for the system is the California Disaster and Civil Defense Master Mutual Aid Agreement. Mutual Aid Agreements The California Disaster and Civil Defense Master Mutual Aid Agreement creates a formal structure wherein each jurisdiction retains control of its own facilities, personnel, and resources, but may also receive or render assistance to other jurisdictions within the state. This Agreement was developed in 1950 and has been adopted by the state, all 58 counties and most incorporated cities in the State of California. State government is obligated to provide available resources to assist local jurisdictions in emergencies. It is the responsibility of the local jurisdiction to negotiate, coordinate and prepare mutual aid agreements. Mutual aid agreements exist for law enforcement, fire, public works, medical services, and emergency managers. Mutual aid assistance may be provided under one or more of the following: • California Disaster and Civil Defense Master Mutual Aid Agreement • Emergency Management Assistance Compact (EMAC) • Law Enforcement Mutual Aid System • Search and Rescue Mutual Aid System • Fire Mutual Aid System • Urban Search & Rescue • Public Works Mutual Aid Agreement • Emergency Managers Mutual Aid (EMMA) • Coroner/Medical Examiner Mutual Aid • Disaster Medical Mutual Aid System • Riverside County Operational Area Agreement • Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-705) Interstate Mutual Aid Mutual aid may also be obtained from other states. Interstate mutual aid may be obtained through direct state -to -state contacts, pursuant to interstate agreements and compacts, or may be coordinated through federal agencies. In September of 2005, Governor Arnold Schwarzenegger signed legislation that makes California party to the Emergency Management Assistance Compact (EMAC), already in place in the 47 other contiguous states. This allows states to share emergency response resources immediately during a disaster without having to use valuable time reaching aid agreements. Progressive Mobilization Our statewide mutual aid system, operating within the framework of the California Disaster and Civil Defense Master Mutual Aid Agreement, allows for the progressive mobilization of resources to and from emergency response agencies, local governments, operational areas, regions, and state with the intent to provide requesting agencies with adequate resources. The general flow CITY OF TEMECULA 591 Page EMERGENCY OPERATIONS PLAN - 2023 of mutual aid resource requests and resources within mutual aid systems are depicted in the diagram as follows: Figure 12: City of Temecula Mutual Aid Flow Chart Mutual Aid Coordination Mutual aid coordination is essential to emergency operations. To help facilitate mutual aid requests, mutual aid coordinators are assigned at the State, Regional and Operational Area levels. The role of a mutual aid coordinator is to receive and coordinate mutual aid requests. All unfilled requests will then move up to the next level. Some incidents do not require the activation of an CITY OF TEMECULA 601 P a g e EMERGENCY OPERATIONS PLAN - 2023 Emergency Operations Center (EOC), therefore Mutual aid coordinators may function from either their normal departmental location or from an EOC. Discipline -specific mutual aid representatives may be in various EOC sections, branches or units or may serve as an agency representative depending on how the EOC is organized and to the extent to which it is activated. Figure 13: Discipline Specific Mutual Aid Systems SEMS Emergency Fire and Law Other LEVEL Services Rescue Enforcement Systems as System System Developed* Cal OES Director Chief, Fire & Chief, Law Functional STATE Rescue Enforcement Coordinator Coordinator Coordinator Cal OES Regional .. REGIONAL Administrator Fire & Rescue Law Functional Coordinator Enforcement Coordinator Coordinator Emergency OPERATIONAL Management Law Fire & Rescue Functional AREA Staff Enforcement Coordinator Coordinator Coordinator Emergency LOCAL Management Law GOVERNMENT Staff Functional Fire Chief Enforcement Coordinator Coordinator Resource Requests ' Includes Dlsasier MeckaifHeallh System (underdevelopment) Information Flow and Coordination A significant component of our mutual aid system is volunteer and private agencies. These include agencies such as the American Red Cross and Salvation Army who mobilize to aid with mass care and shelter. During large-scale incidents that require mass care and sheltering, these agencies typically provide representatives to the Temecula Emergency Operations Center (EOC). Many private agencies, churches, non -profits, and other organizations offer to provide their assistance during emergencies. If needed, Temecula's EOC may request that the agency provide a liaison to the EOC to help facilitate and coordinate mutual aid. Mutual Aid Regions To facilitate the coordination and flow of mutual aid, the State is divided into six Emergency Mutual Aid Regions by Cal OES numbered I -VI. They are further divided into Coastal Region CITY OF TEMECULA 611 Page EMERGENCY OPERATIONS PLAN - 2023 (region II), Southern Region (regions I & VI) and Inland Region (regions III, IV & V). The City of Temecula is in Region VI, which is considered the Southern Region. The Southern Region headquarters is located at: 4671 Liberty Avenue, Building 283, Los Alamitos, California. Mutual Aid Facilities Mutual aid resources may be received and California Regions processed at several types of facilities. They Monhern GES Region !11 Inland GE8 Region IV Coastal GES Region II "Ilk Yalley GER V goulhern Reglon Y GES Iteglen VI souh 13ES R i s GES Region I Y Figure 14: Cal OES Mutual Aid Regions are: • Marshalling Areas — An area used for the complete assemblage of personnel and other resources prior to their being sent directly to the disaster area. Marshalling areas may be established in other states for a catastrophic event in California. • Mobilization Center — An off -site location where emergency services personnel and equipment are temporarily located pending assignment, release, or reassignment. • Staging Areas — A location established where resources can be placed while awaiting a tactical assignment within a three -minute time frame. Resource Tracking Tracking of mutual aid resources occur at several levels. They are: • Incident Level — Resources are tracked at the incident through the Resources Status Unit. Leaders are assigned to track resources utilizing a check -in process and form ICS 203 (Organizational Assignment List) and form ICS 204 (Division/Group Assignment List). • EOC Level — During EOC activations, Temecula's EOC will process and track mutual aid resource requests ordered through the Riverside County Operational Area. Regional and State EOCs will process, and track requests utilizing the Response Information Management System (RIMS) and will assign a mission tasking number (for State Agencies & Search & Rescue) or a resource request number (for all other requests). • Fire Mutual Aid — Fire will track resources by using a resource ordering status system. CITY OF TEMECULA 621 Page EMERGENCY OPERATIONS PLAN - 2023 EMERGENCY DECLARATIONS When there is a condition of extreme peril or potential peril to the safety of persons and property, and the condition is beyond the capability of the local forces to control effectively, the local governing body (City Council, Board of Supervisors or a person authorized by ordinance) may proclaim that a local emergency exists. A local emergency may be proclaimed to exist due to a specific situation, such as flood, fire, storm, earthquake, epidemic, drought, sudden and severe energy shortage, or other condition. The type of disaster, date of occurrence and area affected are to be identified. A copy of the resolution must be provided to the Riverside County Operational Area for transmission to Cal OES. As necessary, the Emergency Operations Center (EOC) will be activated and EOC staff will convene to evaluate the situation and make recommendations for a possible Local Declaration. There are four types of emergency declarations possible: Local, State of Emergency, State of War Emergency, Presidential Declaration. Local Declaration A local emergency may be proclaimed by the City Council or by the City's Director of Emergency Services (City Manager) as specified by City of Temecula ordinance 2.56. A local emergency proclaimed by the Director of Emergency Services must be ratified by the City Council within 7 days. The governing body must review the need to continue to proclamation at least every 30 days until the Local Emergency is terminated. The Local Emergency may be terminated by resolution when conditions warrant. Proclamations are normally made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the city caused by natural or man-made situations. The proclamation of a Local Emergency provides the governing body with the legal authority to: • Request to the County that the Governor proclaim a State of Emergency • Promulgate or suspend orders and regulations necessary to provide for the protection of life and property, including issuing orders or regulations imposing a curfew within designated boundaries • Exercise full power to provide mutual aid to any affected area in accordance with local ordinances, resolutions, emergency plans, or agreements • Request county agencies and local jurisdictions to provide mutual aid • Require the emergency services of any local official or employee • Requisition necessary personnel and materials from any local department or agency • Obtain vital supplies and equipment and, if required, immediately commandeer the same for public use • Impose penalties for violation of lawful orders • Conduct emergency operations without incurring legal liability for performance of failure of performance (see Article 17 of the Emergency Services Act) State of Emergency A State of Emergency may be proclaimed by the Governor when: CITY OF TEMECULA 631 Page EMERGENCY OPERATIONS PLAN - 2023 • Conditions of disaster or extreme peril exist which threaten the safety of persons and property within the state caused by natural or man-made incidents • The Governor is requested to do so by local authorities • The Governor finds that local authority is inadequate to cope with the emergency • Mutual aid shall be rendered in accordance with approved emergency plans when the need arises in any county, city and county, or city for outside assistance When a State of Emergency has been proclaimed: • The Governor shall, to the extent deemed necessary, have the right to exercise all police power vested in the state by the Constitution and the laws of the State of California within the designated area • Jurisdictions may command the aid of citizens as deemed necessary to cope with an emergency • The Governor may suspend the provisions of orders, rules or regulations or any state agency and any regulatory statute or statute prescribing the procedure for conducting state business • The Governor may commandeer or make use of any private property or personnel (other than the media) in carrying out the responsibility of their office • The Governor may promulgate, issue, and enforce orders and regulations deemed necessary State of War Emergency Whenever the Governor proclaims a State of War Emergency, or if a State of War Emergency exists, all provisions associated with a State of Emergency apply, plus the Director of Emergency Services (City Manager) is empowered: • (Governor) All state agencies and political subdivisions are required to comply with the lawful orders and regulations of the Governor which are made or given within the limits of his authority as provided for in the California Emergency Services Act • (Director of Emergency Services) To make and issue rules and regulations on matters reasonably related to the protection of life and property; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council • To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use within the confines of the city ordinances and state law • To require emergency services of any city officer or employee and to command the aid of as many citizens of the City as necessary in the execution of these duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers CITY OF TEMECULA 641 Page EMERGENCY OPERATIONS PLAN - 2023 • To requisition necessary personnel or material of any City department or agency; and • To execute all the special powers conferred upon the Director of Emergency Services by ordinance or by resolution or emergency plan adopted by the City Council, all powers conferred upon the Director of Emergency Services by any statute, by any agreement approved by the City Council, and by any other lawful authority In the event the Director of Emergency Services is unavailable or is otherwise unable to perform the assigned duties during a local emergency, state of emergency, or state of war emergency, individuals listed in the lines of succession automatically serve as Director of Emergency Services. Presidential Declaration If an emergency is beyond the ability of local and state government to manage effectively, the City Council may pass a resolution asking the Director of the California Office of Emergency Services (CaIOES) may recommend that the Governor request a Presidential Declaration of Major Disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act which provides the authority for the Federal government to respond to disasters and emergencies. The Governor's Request to the President is submitted through the Federal Emergency Management Agency (FEMA). Supplementary justification data may be required to accompany the local resolution (certified copy) and Damage Assessment Survey. Following a Presidential Declaration, federal assistance is available to supplement the efforts and resources of state and local governments to alleviate public and the private sector damage and loss. Financial assistance will be made available to provide support to: • Individual assistance to the private sector • Matching fund assistance for cost sharing required under federal disaster assistance programs (subject to state eligible project criteria) • Local agency overtime costs and the costs of supplies used during eligible disaster response projects • Assistance to repair, restore, reconstruct, or replace public real property or public facilities belonging to local agencies damaged as a result of natural disasters • Indirect costs • Direct costs of grant administration Local Proclamation —Termination of Local Emergency The City Council must review the need for continuing the local Emergency Proclamation at least every 60 days and proclaim the termination at the earliest possible date. CITY OF TEMECULA 651 Page EMERGENCY OPERATIONS PLAN - 2023 Government Code Section No. 8630 "(a) A local emergency may be proclaimed only by the governing body of a county, city and county, city, or port district or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body. (c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant." When a county proclaims a local emergency pursuant to Section 8630 of the Government Code, based upon conditions which include both incorporated and unincorporated territory of the county, it is not necessary for the cities to also proclaim the existence of a local emergency independently. Further, cities within a county are bound by county rules and regulations adopted by the county pursuant to Section 8634 of the Government Code during a county proclaimed local emergency when the local emergency includes both incorporated and unincorporated territory of the county even if the cities do not independently proclaim the existence of a local emergency. CITY OF TEMECULA 661 Page EMERGENCY OPERATIONS PLAN - 2023 EMERGENCY COMMUNICATIONS To ensure that necessary communications are not disrupted, the City of Temecula has identified alternatives for emergency communications and are described below. These systems are tested regularly to ensure that everything is in good working order and able to transmit and receive in a multitude of conditions. Emergency Operations Center Communications The City of Temecula Emergency Operations Center (EOC) has a dedicated communications room that provides the EOC with primary and redundant communications with city staff, police, fire, and county agencies. This capability ensures that the proper coordination can occur during any incident when the EOC is activated. Communications systems include: • Riverside County Fire VHF • Riverside County Sheriff 900MHz PSEC • Temecula Unified School District VHF • HAM Radio • Disaster Net Radio • City 800 MHz Radio 800-Megahertz Radio System The City of Temecula has an 800 Megahertz (MHz) public safety radio communications system that consists of radio repeaters, mobile units, handheld transceivers (HT) and base stations that operate on the Public Safety band. Two repeated 800 MHz systems are utilized citywide for primary and secondary back up coverage. The city is licensed under part 90 of the Federal Communication Commission (FCC) rules and regulations to operate. This includes one repeater channel with five tones and one simplex / talk around channel within the public safety 800 MHz band. Radio channels are assigned into service groups: • General Services • City Tactical • Public Safety During a declared or identified emergency or incident, emergency communications supersede day-to-day business communications. Satellite Telephone System The City of Temecula has a number of dedicated satellite telephones that are issued to designated city staff in the event of an emergency where radio and cellular communications are CITY OF TEMECULA 671 Page EMERGENCY OPERATIONS PLAN - 2023 inoperable. These systems are tested on a monthly basis and are kept in good working order to ensure availability during an incident. Amateur Radio The City of Temecula's Citizen Corps has Radio Amateur Civil Emergency Services (RACES) qualified individuals who operate on HAM radio frequencies in support of governmental emergency communications. The Temecula Citizen Corps (TCC) RACES communicators can augment existing systems and establish communications links with otherwise inaccessible areas and during citywide power disruptions. These members play an important role in emergency communications for the city. Not only do they provide alternate communications in an emergency when needed, they are capable of sending live video and audio from the incident site to our City's Emergency Operations Center (EOC) via the HAM radio frequencies. During emergency incidents and special events, the TCC is activated by the Office of Emergency Management at the request of the city, fire, or police. During an EOC activation, the group is activated through the Operations Section and works within the Communications Unit of the Logistics Section. Additionally, the TCC radio operators are tasked with maintaining and operating the EOC communications room which is outfitted with all necessary and redundant communications systems needed during a disaster or emergency. Disaster Net Radio The City of Temecula also utilizes the low band "Disaster Net" radio system to communicate with Riverside County's primary and alternate Emergency Operations Centers along with neighboring jurisdictions and districts during an emergency where all forms of communication have been lost. This system uses a low frequency band and has back-up frequencies in case of an outage of the primary channel. Mobile Radio Communications Mobile radio communications are available using the Office of Emergency Management (OEM) vehicle and the Citizen Corps deployable trailers and vehicles. These vehicles and trailers are capable and equipped with the City's 800 MHz (mobile) radio system both in the form of mobile units and handheld radios. CITY OF TEMECULA 681 Page EMERGENCY OPERATIONS PLAN - 2023 HAZARD MITIGATION AND HAZARD ANALYSIS Hazard mitigation is defined as any action taken to reduce or eliminate the long-term risk to human life and property from natural or man-made hazards. Section 409 of Public Law 93-288, requires, as a condition of receiving federal disaster aid that repairs and construction be done in accordance with applicable codes, specifications, and standards. It also requires that the state or local government recipient of federal aid evaluate the natural hazards of the area in which the aid is to be used, and take action to mitigate them, including safe land use and construction practices. To be effective, hazard mitigation actions must be taken in advance of a disaster. After disaster strikes, mitigation opportunities exist only during recovery and even those opportunities can be limited by the absence of advanced planning. Nevertheless, the immediate post -disaster period does present special opportunities for mitigation. Section 409 deals with the opportunities presented in a current disaster to mitigate potential hardship and loss resulting from future disasters. Hazard mitigation is a continuing effort in which all -local communities and state agencies are encouraged to prepare hazard mitigation plans that identify ways to reduce damage caused by disasters. Local Government Responsibilities The key responsibilities of local governments are to: • Participate in the process of evaluating hazards and adoption of appropriate hazard mitigation measures, including land use and construction standards. • Appoint a Local Hazard Mitigation Officer, if appropriate. • Participate on Hazard Mitigation Survey Teams and Inter -agency Hazard Mitigation Teams, as appropriate. • Participate in the development and implementation of Section 409 plans or plan updates, as appropriate. • Coordinate and monitor the implementation of local hazard mitigation measures. Local Hazard Mitigation Plan (LHMP) The City of Temecula, in coordination with Riverside County and its jurisdictions, participates in the county -wide multi -jurisdictional local hazard mitigation plan, called the Riverside Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan. This plan is pursuant to the Disaster Mitigation Act (DMA) of 2000 (Public Law 106-390), signed into law bythe President of the United States on October 30, 2000, to amend the Robert T. Stafford Disaster Relief Act of 1900. This new legislation reinforces the importance of pre -disaster infrastructure mitigation planning to reduce disaster losses nationwide. The Temecula City Council approved the current LHMP on 23 October 2018 (Resolution 18-69). The LHMP will undergo its required five-year update in 2022 with submission to Riverside County for inclusion into the Operational Area plan in February of 2023. CITY OF TEMECULA 691 Page EMERGENCY OPERATIONS PLAN - 2023 Hazard Mitigation Grant Program (HMGP) The Hazard Mitigation Grant Program (HMGP) provides grants to states and local governments to implement long-term mitigation measures after a major disaster declaration. The purpose of HMGP is to reduce the loss of life and property due to a natural or man-made disaster and to enable mitigation measures to be implemented during the immediate recovery from a disaster. The HMGP is authorized under Section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The HMGP is only available to applicants who reside within a Federally declared disaster area. Eligible applicants are: • State and local governments • Indian tribes or other tribal organizations • Certain non-profit organizations Although individuals may not apply directly to the state for assistance, local governments may sponsor an application on their behalf. The amount of funding available for the HMGP under a particular disaster declaration is limited. The program may provide for up to 7.5% of the total disaster grants awarded by the Federal Emergency Management Agency (FEMA). States that meet higher mitigation planning criteria may qualify for a higher percentage under the Disaster Mitigation Act of 2000. FEMA can fund up to 75% of the eligible costs of each project. The grantee must provide a 25% match. Hazard Analysis The City of Temecula has identified hazard risks to various natural, technological, and man-made emergencies and disasters. The matrix below identifies these hazards and their likelihood of occurrence within our city. Specific threat assessments are located in the Threat Summary section (following the Hazard Analysis) within this EOP. CITY OF TEMECULA 701 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 15: Hazard Matrix — Likelihood of Occurrence Hazard Infrequent Sometimes Frequent Impact on City (Depending on Severity) I Low Moderate High Earthquake < 5.0 X X Earthquake > 5.0 and < 7.0 X X X Earthquake > 7.0 X X Hazardous Materials X X X X Wildfire X X X X Flooding X X X X Dam Failure X X X Transportation Emergencies X X X X Civil Unrest X X X Power Outage X X X Terrorism X X X Public Health Emergency X X X X Nuclear Incident X X X X CITY OF TEMECULA 711 Page EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 721 P a g e EMERGENCY OPERATIONS PLAN - 2023 CITY OF TEMECULA THREAT ASSESSMENT SUMMARY This section of the Emergency Operations Plan consists of a series of threat assessments. The purpose is to describe the area at risk and the anticipated nature of the situation, which could result should the event threaten or occur. City Overview The City of Temecula is an incorporated city within Riverside County in the Southwestern portion of the County. The Temecula of today encompasses both Old Town Temecula and a portion of the planned community of Rancho California. Since its incorporation, Temecula has improved upon the original blueprint and created a desirable community with exceptional public safety, community services, recreational amenities, and a robust economy. In 2021, the city had an estimated population of 110,846. The population breakdown is as follows: • Population under age 5: 7% • Population between the ages of 5-18: 29.1% • Population between the ages of 19-64: 46.6% • Population ages 65 and older: 10.5% • Population of Temecula that is Female: 51% The City's development is a mixed combination of residential, commercial, and industrial buildings. It is a moderate and densely populated community with 3.24 persons per occupied dwelling unit. Here, it ranks in the lower half of the inland region's major cities. Temecula's rapid retail sales growth has placed it the top 5 highest volume of the 48 Inland Empire cities and ranked in the top 13% of the State of California. Numerous large and highly technical operations have already chosen to locate within the city. They are sectors like medical instruments, semiconductors, measuring and control devices, communication equipment, specialty machining and programming. The mean property value in Temecula is $464,900 with a median household income of $98,631 per year. Temecula is 37.27 square miles in size and is located 30 miles south of the County seat, the City of Riverside. Temecula sits north of and adjacent to San Diego County with the County line just to the south. The City's eastern and western boundaries are with Riverside County jurisdictions and to the north is the City of Murrieta. Murrieta Creek, which is a pathway from the Lake Skinner Reservoir, is on the western portion of the city and runs north/south. Temecula Creek, which is a pathway from the Vail Lake Reservoir, is on the southern portion of the city and runs east/west. The two creeks combine to form the Santa Margarita River in the extreme southwest portion of the jurisdiction and runs through the mountains into Marine Corps Base Camp Pendleton ending at the Pacific Ocean. The Santa Margarita Mountains run along the western portion of the jurisdictions. CITY OF TEMECULA 731 Page EMERGENCY OPERATIONS PLAN - 2023 Temecula enjoys welcoming weather year-round, often characterized as a Mediterranean climate with warm, dry summers, and cool winters with relatively low rainfall. Also significant is the valley's general weather pattern of morning mist, warm midday sun, cooling afternoon ocean breezes, and cooler nights. The City of Temecula has a mean yearly temperature of 62.6 degrees with an average high temperature of 87.4 degrees and an average low temperature of 43.3 degrees. The warmest month of the year is August while the coldest is December. These weather factors combined with the perfect balance of great geography create an ideal environment for experiencing a variety of outdoor activities. Temecula experiences an average annual rainfall of 9.36 inches. The Temecula Valley Unified School District (TVUSD) covers 213 square miles (north to French Valley, south to the San Diego County line, east to Vail Lake, and, west to the Temecula city limit. TVUSD began operations as a unified school district in 1989. Currently, there are seventeen elementary schools, six middle schools, three comprehensive high schools, one continuation high school, one independent study high school, one virtual school, two charter schools, and one adult school in the district for a total of thirty-two schools. TVUSD has a total number of 2,800 employees of which 1,300 are teachers and 1,500 are in non -teaching positions. Infrastructure and Facilities The primary transportation route through Temecula consists of a single multi -lane State Freeway (Interstate 15 [1-15]) traversing Temecula from the San Diego County line to the south and the City of Murrieta to the north and is maintained by Caltrans. Supplementing the 1-15 are three east -west routes which bifurcate the freeway and span the entire length of the city. These roads are city maintained with two being share by Caltrans due to being State Highways 79 North and 79 South. Numerous lesser roads and drives, some private, make up the balance of the thoroughfares throughout the city. These north -south routes include Ynez Road, Margarita Road, and Butterfield Stage Road. City traffic is compounded twice daily Monday through Friday by the traffic of over 177,000 commuters, who travel through to areas beyond Temecula's city limits. During summer months and holidays, it is estimated that over 150,000 beach goers from across the county use the City's network of roadways each day. The Riverside Transit Agency maintains five bus routes through the city. Utilities are provided by Frontier Communications, Spectrum Communications, Southern California Edison, Southern California Gas Company, Rancho California Water District, Metropolitan Water District, Eastern Municipal Water District with supporting facilities for these services located in various areas within Temecula's City limits. Business, Recreation, and Services There are several commercial and business corridors within the Temecula area that reside on both the east and west sides of the 1-15 freeway. The largest commercial district is on the west side of the freeway along Diaz Road and Jefferson Road known as the Uptown District. On the eastern side there are multiple areas of business and services. The Promenade Mall off Winchester Road (Hwy 79N) is a large area comprised of shopping and other food and CITY OF TEMECULA 741 Page EMERGENCY OPERATIONS PLAN - 2023 commercial businesses. In addition to these locations, Rancho California Road and Temecula Parkway (Hwy 79S) include other small businesses, commercial areas, and service stations. Medical facilities are limited to Temecula Valley Hospital, numerous urgent care facilities, and several physician's offices; most located along the Highway 79S corridor. Emergency medical service including ambulances and paramedic support is provided by a contract with American Medical Response (AMR) through Riverside County's Emergency Medical Services Agency (REMSA). Additional medical supplies as well as other disaster supplies are in storage containers at locations across Temecula. These disaster supplies can be accessed by the City of Temecula Fire Department (Riverside County / CALFire), City staff or Community Emergency Response Team (CERT) volunteers. Numerous medical professionals reside in Temecula and represent a valuable resource as a volunteer medical team to assist paramedics during an incident. The City of Temecula Fire Department (under contract with CALFire / Riverside County Fire) will respond to any Hazmat incident with a specialized HAZMAT unit from Riverside County Fire Department. Minimum response time is approximately 30 minutes. Temecula has over 39 parks, 22 miles of trails and 11 major community facilities. Temecula has also been names a Bronze Level Bicycle Friendly Community and was names a Playful City. The Pennypickle's Workshop was a winner of Nickelodeon's Parent's Pick Award for Best Museum and Best Kids Party Place. Temecula's Sports Parks include the Ronald Reagan Sports Park, the Patricia H. Birdsall Sports Park, and the Somers Bend Sports Complex. Notification Systems The City of Temecula currently employs an emergency mass notification system, Motorola Command Central Notify, that is used in the event of major disasters, emergencies, or evacuations to send urgent, critical, and actionable information. The system includes multiple methods in which to notify the community depending upon the information provided during enrollment. Landline phone numbers, cellular phone numbers, e-mail addresses and street addresses can all be entered into the system and used to geo target a specific location during an event which enables the city to target their notifications. The system is also capable of sending Wireless Emergency Alerts (WEA), which alerts all cell phone users within reach of activated cell phone towers and does not require that people subscribe. The City also maintains a telephone Hotline, (951-506-5111) for traffic hazard advisories, incident updates and for evacuation and other emergency instructions. Incident Consequences In the event of a major earthquake, the possibility of Temecula becoming isolated and completely without services of any kind is very real. The potential for disaster is always present; therefore, planning for local emergencies must include water, food, clothing, and shelter for a prolonged period. Temecula's infrastructure of critical services is fragile and vulnerable even during minor incidents. A typical minor accident on the 1-15 Freeway results in a substantial amount of back up and forces drivers onto local roads resulting in major congestion across the city. CITY OF TEMECULA 751 Page EMERGENCY OPERATIONS PLAN - 2023 The City of Temecula does not have its own police or fire department but relies on the County of Riverside and the State of California for provision of these services. The city also relies on local volunteer organizations for assistance in emergency communications and other necessary emergency services. During the response phase of any major incident or emergency, the Riverside County Sheriff's Southwest Station Watch Commander is the coordination and communication point as well as the access point to the Riverside County Operational Area for law enforcement and the Riverside County Fire Department / CALFire Division Chief for Temecula will be the coordination and communication point for fire and emergency medical response. The Emergency Manager will be the coordination and communication point to the Riverside County Operational Area for all matters related to Emergency Management. Temecula city staff have been designated to coordinate EOC functions in the event of an activation however, city staff may be insufficient to conduct the tasks for more than one operational period or due to the inability to report. Should the need to augment the EOC with additional personnel arise, the city will rely on assistance from its trained and registered volunteers, sister city EOC staff and Riverside County Emergency Management. The City of Temecula is vulnerable to a wide range of threats and hazards. In the past, Temecula has experienced major emergencies such as earthquakes, floods, wildfires, and transportation related incidents. These, and other emergency incidents, could occur at any time and without warning. Consider the following: • A major earthquake occurring in Temecula could have a catastrophic impact and effects on the population • A major earthquake could result in major flooding from a local dam breach • A transportation incident could affect areas within the city. Interstate 15 bifurcates the city and is a major source of congestion daily. A major aviation accident from the surrounding French Valley Airport has occurred within the city limits. • Temecula has many industrial businesses that have hazardous materials on site posing a serious threat during an incident such as an accident, fire, earthquake, or a terrorist incident. • A civil unrest incident, as well as a terrorist incident, could affect areas within the city or the entire city. Any single incident as well as a combination of events could require evacuation and/or sheltering of the population. The Riverside County Sheriff's Office is the lead agency to execute evacuations. The American Red Cross will be notified if shelter assistance is needed beyond the capabilities of the city to handle. During a large-scale disaster whereby, the American Red Cross is inundated with requests, City of Temecula Mass Care and Shelter Team personnel will continue to manage the shelter if possible. Temecula has on hand two Mass Care and Shelter Trailers with cots and supplies needed to activate a shelter. CITY OF TEMECULA 761 Page EMERGENCY OPERATIONS PLAN - 2023 The following threat assessments identify and summarize the hazards that could affect the City of Temecula: Threat Assessment 1: Major Earthquakes The City of Temecula is located near several known active and potentially active earthquake faults including the Elsinore Fault, San Jacinto Fault, San Andreas Fault, and the Rose Canyon Fault. The major potential for earthquake damage to Temecula is from activity along the San Jacinto Fault. The San Jacinto fault line is located approximately 50 miles to the East of Temecula. In the event of an earthquake, the location of the epicenter as well as the time of day could have a profound effect on the potential number of deaths and casualties. An earthquake occurring in or near this area could result in property damage, environmental damage, and disruption of normal government and community services and activities. The effects could be exacerbated by collateral damage such as fires, flooding, hazardous materials spills, utility disruptions, landslides, transportation failures and possible dam failures. Significant damage to buildings and infrastructure could occur due to severe ground shaking. The community needs could quickly exceed the response capability of the City of Temecula's emergency management organization, requiring mutual aid from across the county and/or region. Response and disaster relief support could be required from the county, state, and federal government. The primary consideration during an earthquake is the preservation of life. Emergency response will include providing shelter to displaced citizens and restoring basic needs and services. A major effort will be made to remove debris and clearing of roadways, demolition of unsafe structures, assisting in the reestablishment of public services and utilities while providing care for affected citizens. After any earthquake, there could be a loss of income. Individuals could lose wages due to business closure or damage to goods. Economic recovery is critical to our community. Types of Faults A fault is a fracture in the earth's crust whereby two blocks of the crust have slipped with respect to each other. Faults are divided into three main groups, depending on how they move. A • A: Strike -slip (lateral) Faults — These occur in response to either type of stress. The blocks move horizontally past one another. • B: Normal Faults — These occur in response to pulling or tension. The overlying block moves down the dip of the fault plane. Figure 16: Types of Faults CITY OF TEMECULA 771 Page EMERGENCY OPERATIONS PLAN - 2023 • C: Thrust (reverse) Faults — These occur in response to squeezing or compression. The overlying block moves up the dip of the fault plane. Local Faults There are several fault lines that pass through or are near the City of Temecula. The fault of most interest is the Elsinore Fault. The Elsinore Fault line passes through the western portion of the city and spans both sides of the 1-15 Freeway. The fault is a right -lateral strike slip fault and is about 180km in length with a slip rate of roughly 4.0 mm/year. The Elsinore fault has the capability of producing a temblor of a 6.5 to 7.5 magnitude. The most recent rupture on record was recorded on the 15th of May of 1910 and was a magnitude 6.0. The Elsinore fault zone is one of the largest in southern California, and in historical times, has been one of the quietest. The southeastern extension of the Elsinore fault zone, the Laguna Salada fault, ruptured in 1892 in a magnitude 7 quake, but the main trace of the Elsinore fault zone has only seen one historical event greater than magnitude 5.2 -- the earthquake of 1910, a magnitude 6 shock nearTemescal Valley, which produced no known surface rupture and did little damage. 11 ' ..J .... Figure 17: Elsinore Fault Line — City of Temecula The San Jacinto Fault extends 125 miles from near El Centro to near San Bernardino intersecting freeways 10, 215, and 60. This fault is a right -lateral strike -slip and minor right -reverse fault. The slip rate is typically between 7 and 17mm/year and capable of producing an earthquake between 6.5M and 7.5M. The last known quake on this fault line was on the 9t" of April 1968 and registered a magnitude 6.5 on the Coyote Creek segment of the fault line. CITY OF TEMECULA 781 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 18: Temecula Fault Lines o d c, s / o N Fond r' O O 0 San Diego y � Tijuana o ij' \ The San Andreas Fault passes between 80-100 miles to the east of Temecula. There are only two large known historic earthquakes on the San Andreas Fault in Southern CA, the most recent in 1857, and before that one in 1812. With about 45 years between the historic earthquakes but about 160 years since the last one, it is clear that the fault does not behave like a clock with a regular beat. Historic information doesn't provide enough data to establish whether or not there is a pattern in the timing of earthquakes, but paleoseismology has provided an abundance of data. Along the southernmost San Andreas, from Palm Springs to the Salton Sea, earthquakes happen infrequently, about every 200-300 years. The most recent earthquake occurred during the time of Spanish exploration, about 300 years ago, but there is no historic record of the event. Instead, radiocarbon dating provides the age of the most recent earthquake and six more that occurred since about 800 A.D. In total, the fault stretches from Northern California to the Mexican border and is over 600 miles long. The San Andreas Fault has the potential for producing an 8.3 magnitude earthquake. lasr��1 �R ,ss2�n� Eo £� 4 ,992 Lsri end EARLIER ►ITN 4K Aeati iCos Fn WRl6H 1911.♦11x� ly9q ptf 7bY 4 PALM SPRINGS LOS A .3i i:$:�, �O x ��vbsu:z2n Major faults in California and regiondMExtent olsigndicant ground rupture in I9A?6rrots Efts 1w0iii 9�8 historic earthquake.1850 to 2016 SAN oleo. nbe of FaYI E°s ♦ 10fY1110 yr g 18g3 Lapuna Wada aM Average number of years hehNeen zeta £l Ma n Lnranah EQS A 131 yr ground -rupturing earthquakes at 200J00 yr key paleoseismic siles along the orpr San Andreas FaLdlSystem Figure 19: San Andreas Fault — Historical Timeline CITY OF TEMECULA 791 P a g e EMERGENCY OPERATIONS PLAN - 2023 The western portion of the county can expect strong to severe ground shaking generated by movement along these active faults. The cities most at risk for damage from close proximity to faults include Banning, Calimesa, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, Lake Elsinore, Moreno Valley, Murrieta, Palm Springs, San Jacinto, and Temecula. ye R { r niA.� rings id �Zrh 3® t Mecca i p Figure 20: Riverside County Fault Zones / Lines Community needs would likely require emergency management mutual aid from other counties, states, or federal agencies plus coordinating support from volunteer and private agencies. Individuals should also plan to provide for themselves and their families in the aftermath of an earthquake. Earthquake Strength The strength of an earthquake is generally expressed in two ways: magnitude (Richter scale) and intensity (modified Mercalli intensity scale). The magnitude is a measure that depends on the seismic energy radiated by the earthquake as recorded on seismographs. An earthquake's magnitude is expressed in whole numbers and decimals (e.g., 6.8). The intensity at a specific location is a measure that depends on the effects of the earthquake on people or buildings. Intensity is expressed in Roman numerals or whole numbers (e.g., VI or 6). Although there is only one magnitude for a specific earthquake, there may be many values of intensity (damage) for that earthquake at different sites. A comparison of both the Richter Scale and Modified Mercalli Scale is as follows: CITY OF TEMECULA 801 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 21: Comparison of Richter Magnitude and Modified Mercalli Intensity Richter Magnitude Expected Modified Mercalli Maximum Intensity (at Epicenter) 2 1— II Usually detected only by instruments 3 111 Felt indoors 4 IV — V Felt by most people; slight damage 5 VI — VII Felt by all; many potentially frightened and could run outdoors; damage moderate to major 6 VII — Vill People running outdoors more frequent; damage moderate to major 7 IX — X Major Damage 8+ X - XII Total and major Damage California Earthquakes California has many active earthquake faults. In 2014, California saw more than 191 earthquakes that registered more than a Magnitude 3 (M3) on the Richter Scale. In 2015, there were a total of 130 earthquakes of M3 or greater that were registered. So far in 2022, there have been 32 quakes measuring 2.5+ on the Richter scale. Liquefaction Liquefaction is a phenomenon involving the loss of shear strength of a soil. This happens when soil that is loosely packed, waterlogged sediments lose their strength in response to strong shaking and can cause major damage during earthquakes. During the 1989 Loma Prieta earthquake, liquefaction of the soils and debris used to fill in a lagoon caused major subsidence, fracturing, and horizontal sliding of the ground surface in the Marina district of San Francisco. Although Temecula has not seen evidence of liquefaction events occurring in the community, the City of Temecula has identified areas of liquefaction susceptibility from very low with deep groundwater to very high with shallow groundwater. In the adjacent graphic, liquefaction areas are identified in yellow. Figure 22: Temecula Liquefaction Zones CITY OF TEMECULA 811 Page EMERGENCY OPERATIONS PLAN - 2023 Expected Damage from a Major Earthquake Damage to public services may include disruption of communications, water, sanitation, electrical power, natural gas, petroleum fuels; damage to highways and bridges, hospitals; and disruption of public safety operations. Fires Numerous fires due to disruption of power and natural gas networks can be expected. Electrical shorting, gas explosions, unsecured water heaters and chemical fires. Fire caused 90% of the damage during the 1906 San Francisco earthquake. Damage to water supply lines will significantly reduce the effectiveness of conventional firefighting methods. Fire involving hazardous materials will require additional resources to mitigate. Communication System failure, overloading and loss of electrical power will most likely affect local telephone systems. The 9-1-1 system may be overloaded immediately following a major earthquake. Radio systems are expected to operate at 40% effectiveness within the first 12 hours following a major quake. Loss of redundant systems and potential loss of repeater towers will significantly impact this capability. Electrical Power Transmission lines are the most vulnerable during an earthquake. They are subject to extensive earthquake induced land movement and slides, especially during the wet months. Transmission lines can be put out of service by conductors swinging together short circuiting the system and taking them out of service, and also by broken lines due to increased tension from the surface fault movement. Damage to substations may cause outages. Repairs to electrical equipment requires physically clearing the roadways, and movement of specialized equipment. Restoration of local electrical power will be coordinated with regional and local utility representatives. Up to 60% of the system load could be interrupted immediately following the initial earthquake shock wave. Much of the affected area may have service disrupted for days and severely damaged areas could take much longer to repair. Natural Gas Damage to natural gas facilities may consist primarily of isolated in major transmission lines. Breaks in mains and individual service connections within the distribution system may be significant, particularly near the fault zones and/or the epicenter. Two (2) 30-inch diameter lines cross the San Andreas in the San Gorgonio Pass. These transmission lines, running the entire width of Riverside County and crossing all three major faults, provide 40% of the natural gas distributed throughout all Southern California. There is a risk of fire at various rupture sites. Water Water availability is a major concern as well within the City of Temecula. Water is necessary in the performance of work that supports life and the treating of the sick and injured as well as for fire suppression. If damage occurs to water reservoirs, potable water will have to come from CITY OF TEMECULA 821 Page EMERGENCY OPERATIONS PLAN - 2023 surrounding areas. Water wells may not be functioning due to damage, loss of electricity and a lack of back-up power systems. Sanitation Systems Overflow of sewage through manholes and ponds can be expected due to breakage in mains as well as from a loss of power. As a result, there could be a danger of excessive collection of explosive gas in sewer main and flow of untreated sewage into some street gutters. May household sewer connections will break and plug, causing them to be inoperative. Petroleum Fuels Many pipelines cross the San Andreas and San Jacinto faults. Additionally, there are major transmission and high-pressure distribution lines that run through the city and adjacent to the Elsinore fault. Pipeline breakage is expected and there is a possibility of fire and explosion where the failures occur. Highways & Bridges Temecula has one freeway and two major highways that run through the city. They are Pipelines Interstate 15 and Highway 79 North and South. High Pressure Mtnbutf°n Lines There are also several bridges that cross two ..... major creeks (Temecula & Murrieta) with the Figure 23: Gas Transmission Lines possibility of collapse or significant damage that would isolate citizens and certain parts of the city from first responder aid. This will also make it difficult to transport rescue equipment into and out of the affected areas. Significant damage is expected on surface streets. Debris, falling electrical wires and poles, and pavement damage will block many of the streets. Dam Rupture Temecula is located within the vicinity of three (3) dams that could affect thousands of residents. There is some potential of dam rupture during an earthquake. From the time of complete failure to inundation there could be as little as 15 minutes which would not be enough time to issue a warning to the public and initiate evacuations. Failure of the dam at Vail Lake would result in extensive flooding along the downstream watercourse. Failure of the dams at Lake Skinner and Diamond Valley Lake would affect the city on the northern end however, the lead time for warning the public is much greater. Airport The French Valley Airport, a general aviation field, is in Southwest Riverside County, adjacent to the communities of Temecula, Murrieta, and Winchester. It is located on Highway 79, and it is only minutes away from Interstate 15 and the 215 Corridor which are distinguished by a proliferation of high-tech and manufacturing businesses. The airport covers an area of 261 acres CITY OF TEMECULA 831 Page EMERGENCY OPERATIONS PLAN - 2023 and contains one asphalt paved runway and is 6,000 feet long. French Valley Airport may be utilized to ferry in aid as a small transfer site from the larger location, March Air Reserve Base, located in Moreno Valley. There is a potential for the control tower to be damaged and the air traffic might have to be controlled by an alternate command center or mobile unit. Critical Facility Damage There is one hospital located within the City of Temecula, Temecula Valley Hospital (TVH). TVH is located approximately 5 miles east of the 1-15 freeway on highway 79S. This could present a major problem depending on the type of damage and road blockages. The hospital is located within a few miles of the Elsinore Fault. If the earthquake damaged our local hospital, patients would be transported to nearby hospitals or field hospitals. Expected Structure Damage Depending on the location of the earthquake, we can predict what types of damage might occur to certain types of structures. • Single-family homes — might suffer some structural damage and loss of contents. Wood frame homes should sustain light damage. • Mobile homes — these types of homes would be subject to shifting off their foundation supports. Attached awnings, porches and skirting could be subject to separation along with utilities possible being sheared off. CITY OF TEMECULA 841 Page EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 2: Hazardous Materials Hazardous materials are any substance or combination of substances that may pose a risk to human health and safety or the environment. Hazardous materials include toxic, corrosive, infectious, flammable, explosive and radioactive substances. Federal, state, and local governments have enacted a variety of laws and established programs to deal with the transport, use, storage, and disposal of hazardous materials to reduce the risks to the public health and environment. Hazardous materials incidents can happen anywhere and at any time, however, there are certain areas within the city that are at a higher risk than others. Roadways and railways that are used to transport hazardous materials have increasing potential as well as industrial facilities that use, store, and dispose of such materials. Releases of explosive, caustic, and flammable materials can cause many injuries and deaths as well as large-scale evacuations to sheltering -in -place. Transportation Accidents Using the Riverside County Hazardous Materials Response Program and Response Plan, hazardous materials response is provided to the City of Temecula by Riverside County Fire Department Hazardous Materials Response Team. A hazardous situation in the City of Temecula would most likely involve either transportation hazards by truck, storage of hazardous materials within a business or illegal dumping of hazardous waste. Transportation trucks heavily travel the 1-15 freeway corridor through the city limits. An accident involving hazardous materials could require major evacuations of the surrounding areas as well as the rerouting of traffic or complete closure of the freeway. Extensive decontamination of affected areas would need to occur. Of concern are the numerous transportation vehicles that transit the city with hazardous substances that are not known. From chlorine gas to anhydrous ammonia, many differing types of hazardous materials transit our area on a daily basis. Illegal Dumping Although there are many rules and regulations in place regarding the disposal of hazardous waste, illegal dumping does occur. It is anticipated that as the costs and restrictions increase for the legitimate hazardous waste disposal sites, illegal dumping will increase proportionately. The Hazardous Material Branch of the Environmental Health Services Division of the Riverside County Health Department operates a hazardous waste program. The Hazardous Materials Branch inspects those involved in generating, hauling, storage, treating and disposing of these wastes. The branch also operates mobile household hazardous waste events and checks loads at local landfills for hazardous waste materials. CITY OF TEMECULA 851 Page EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 3: Wildfire The City of Temecula contract with the Riverside County Fire Department through CALFire for fire services. CALFire is an all-risk fire protection agency with primary responsibility for protection of approximately 33 million acres from wildfires in the State of California. The Headquarters for the CALFire Riverside Unit is in the City of Perris. Based on geographical makeup and climactic conditions, Riverside County is statistically one of the most active wildfire counties in the state. In previous years, June to October were the primary months of the typical fire season. In 2022, there is no true fire season anymore, wildfires occur across the state and county year around. Cities and unincorporated areas face a serious threat from wildfires. Dry seasons and flammable brush coupled with record setting drought contribute to this serious threat, as well as high temperatures, low humidity, and high winds. Below average rainfall is an ever -evolving concern for fire agencies. In May of 2014, San Diego Count experienced a Y g Y p `n . � Me i[ee t r [. ke Fore t swarm of 20 wildfires driven by Santa Ana �-'Misslw VAO Muni a conditions, a heat wave, and historic drought � Laguna Miguel conditions. At the height of the event, there were Tam ula Dona Freeway 8 major named fires that were burning San Clemente fg� Paromar � FilYlhFitree r 'a ^'°^ �l1l1/ .;� simultaneously as well as other small unnamed Tomahawk brush fires. By the time the final fire was Fire � River Fi Va1i nter extinguished, approximately 26,001 acres had Oceansid sta EsomWildo Carls4 been burned and an estimated 65 structures has Fire Poi E do Fire FiY9 been destroyed. Resultingly, CALFire actively Encinitp��a Ramona promotes and requires homeowners to do their Solana P,eac�rre t 56 Poway part by clearing vegetation from around their i4Fire homes creating a 30-to-100-foot area of clearance. 5=, n Desca 163 C 1 n Cleveland Nafional Temecula has several areas of concern locally for San&9190*�_i San Diego Chula V'ata wildfires. They are: De Luz and De Luz Canyon , Imper, aIaea h which are located to the west of Temecula and along Rancho California Road; Rainbow Canyon, Tijuana La Pm3a Rural . located to the southeast of the 1-15 freeway and Figure 24: San Diego Firestorm Map 2014 adjacent to the Pechanga Casino; Santa Margarita Ecological Reserve, located to the southwest of Temecula at the end of Highway 795; the Agua Tibia Wilderness located adjacent to and behind the Pechanga Indian Reservation and the Santa Rosa Plateau located northwest in the mountains and behind the City of Murrieta. CITY OF TEMECULA 861 P a g e EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 4: Flooding The City of Temecula has had a long history with heavy rains. The possibility of flood for the city stems from its location between two major drainage channels: the Murrieta Creek to the north and west of the city and the Temecula Creek on the south end. Both channels come together to form the Santa Margarita River in the southwest corner of the city. The last major flood experienced from these two creeks was in 1993. The city has taken steps to control flooding through vegetation reduction, creek maintenance, and bridge upkeep. Floods are normally classified as slow -rise floods or flash floods. Generally, a warning may be issued for a slow -rise flood allowing time to conduct evacuations and promote sand bagging. Flash floods happen very quickly, thus allowing very little, if any, time to warn and prepare the public. Flash flood warnings usually require immediate life saving evacuations within the hour. Emergency response personnel will need to assist in rescue efforts, sand bagging of flooded areas, evacuations, and the controlling of traffic. These actions may require additional personnel and equipment resources from adjacent jurisdictions or though existing mutual aid agreements. Four types of actual and potential flooding conditions exist within the City of Temecula. These types are flooding in defined watercourses, ponding, sheet flow, and dam inundation. Flooding within defined watercourses occurs within drainage channels and immediately adjacent to floodplains. Ponding occurs when water flow is obstructed due to manmade obstacles such as embankments and other roadways where they cross watercourses. Sheet flow occurs when capacities of defined watercourses are exceeded, and water flows over broad areas. The southern portion of the city along highway 79 south (Temecula Parkway) is subject to a 100- year flood, meaning that a flood of that intensity might occur once in one hundred years (1% chance of occurring in any given year). See the map on the following page. CITY OF TEMECULA 871 Page EMERGENCY OPERATIONS PLAN - 2023 E:hv nrT—la �a W H.—d, 7+ Figure 25: City of Temecula Flood Hazard Map CITY OF TEMECULA 881 Page EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 5: Dam Failure Dam failure is the collapse or failure that causes significant downstream flooding. Dam failure may be caused by a severe storm, earthquakes, erosion or piping or foundation, loss of structural integrity, or landslides flowing into the dam. The main consequences of dam failure are injury, loss of life, and significant downstream property damage. Evacuations and extensive rescue efforts would be necessary to save the lives of those in or around the downstream areas. A major dam failure would require mutual aid from other local, state, and federal governments and agencies. Dam inundation is a potential flood hazard in several portions of the Temecula Valley. There are four specific locations of concern in Temecula, and they are: Vail Lake Dam — Failure at this dam could result in extensive and catastrophic flooding along the downstream watercourse. Dam failure is limited to times during and immediately following major storms, however, seismic activity on any of the local fault lines have the potential to cause the dam to fail. The Vail Lake Dam, built in 1949, is a water storage reservoir that is located east of Temecula on the Temecula Creek. The reservoir has a storage capacity of approximately 45,000 acre-feet (AF); however, due to the long-term drought effects, there is approximately 15,000 AF currently stored at the lake. The reservoir itself covers and estimated 1,078 acres and if in failure, the water contained within will cover a drainage area of approximately 306 square miles. Its crest elevation is 1,482.60 feet with a crest length of 788 feet and width of 4 feet. In 2013, the dam was found to be seismically insufficient and vulnerable to failure. The Vail Dam Seismic and Hydrologic Remediation Project will construct a new straight -axis concrete dam located downstream of the existing arch dam. The current spillway is insufficient to pass the probable maximum flood without overtopping the dam, and the existing concrete arch dam would not resist the stresses induced by the maximum credible earthquake. The project purpose is to replace aging infrastructure, provide flood control from a major earthquake, and provide a locally water supply. For flood inundation maps, please see the figures on the following pages. CITY OF TEMECULA 891 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 26: Vail Dam Flood Inundation Map 1 �P 3 4 i s Pp�9as � nnk Rd o-h ?b 5 V14 © © IIIIIII�I'.�, ®III" ., dllllAmllll�lllllll�ll��L^�.11111®�IIII�IIIIIII� � � IIIIIIII'.+�Illlr�lllllh"1S�IIIIIIIr�II�S�.L'�'.111111111�IIIISIIIIIr�IIIIIIIIT.� 0 � IIIIIII®II">�IIIIAmllll�lllllll�l�._nC11111A�llll�llllll® 2 1 a -- ' Legend -Odolao Crosa sections ..1.g Existing Drainage Ways 9 � �. sunny Day Breach Inudation Extents PMP Breach InundationnExtents Rancho California Water District 42135 Wi-hester Rd. � & III D.125 025 Not.: Dne to the memod, prooedares, and aaampnons aced to develop o5 the Hooded areas, me limits osme noosing mown and wave ba..I smes eapp—imaleand should he used only as a guideline for establishing x i. VAIL DAM FLOOD INUNDATION MAP Temecula, CA 92590 OMile nnaenn ennes_A -I areas inandmed win depend tin_1 satire W mndidonsand may ditrer eom the areas shown on mis map. S NOVEMBER 2013 1 Sheets of 13 Figure 27: Vail Dam Flood Inundation Map 2 it may na n"" ni.we. ..o�wa rei«m rraaaa Ta.w,a o.ae�ea oarx raffia o a.mwaa s� n rTibl tda Ira Iah..l Ir,..m cri Im IakeG baaa Irrona 1 I I spa NI 3L _ �_ .. ... • pnM1 I � e 1 Its 5 I e � � :.g Legentl 4 _ — rloodpiain Cross Samna E—rlg Drainage ways Sunny Day Breach mundaenn ra'Lenm PM P e—oh Inendanon Exter. California Water Districts°nemine nbulod. praced�res. and aswmptionsussa mde.aap �' VAIL DAM 0 0.725 625 ns +tie nmaed area, mar es nr me mnaing mown a.a ware era.er ernes w FLOOD INDNDATION MAP 42135 Winchester Rd. m appmxhnale are nm�aa m any mly ae a gniee9ne ter elahl —g QRancho To—, la, CA 92590 OMu wtiemm�nrA Aelnal a,ean �m,neamawia eepenennaCnalfaanre k: mnaabns a�a may aixar rmm me aeas elwwn en... map- NOVEMBER 2013 Bheat 2 oT 13 s CITY OF TEMECULA 901 P a g e EMERGENCY OPERATIONS PLAN - 2023 Figure 28: Vail Dam Flood Inundation Map 3 Figure 29: Vail Dam Flood Inundation Map 4 a 42135WInchmter Rd. u u.iU u.ee u.e %�a,„.,�eam sroreen �saamieas aeg��eesne rerestataisnng FLOOD INUNDATION MAP € T--la. CA 92590 OM'I _ may ewer rcomsuie areas sm..m an u.s map wi rai�re "� : _ NOYEM BER 2013 Sheet a of l3 CITY OF TEMECULA 911 Page EMERGENCY OPERATIONS PLAN - 2023 Figure 30: Vail Dam Flood Inundation Map 5 7311 1K ;13 LA 1 it F s - ,. �M 2 _ C� 'F,'�#e Legend •. ` Flootlplain Crass Serllons i r Exlsting Drainage Ways e , s Sl.nny Day areacn Inundah'an Ertenls � vui.. PMP nreaM lnuntlallen Exhgnls y CaliforniaWaterDistrictNme'�oaemene memos.praceenres. ana asw�mplioas,seawee.ralap - VAIL OAM o-anFLOOD INUNDATION MAP 42135 Winchester Rtl. .,rs appreKaFWeantl snaWaneusedmly asaguiaarme rsr estamisniny 1q�1yi��x�I1@11ancho Temecula, CA 92590 �ldiles a wa<im moss. nawai areas invrwama win aepena an actual ranure �'+-�� N6YEMBER 2013 I Sheef5013 ndilions aN may darer Irom Ins areas shown on Ills maµ sKr lnutlm �Lo ' Imi�l uduB v IAs1 a epN�wrlWq vlkl Iehcl iloodwrm wm.l a vhtluB Ilrm:ile doB w�rdsl a wm� vIR] vdotlsY fNwl sF Inmrn wmMBe Ilr.ml�e WO [hea StBaL ntta Leek ta5 i 3:3f 3.ui - oo w n'iepw.em•hep ping oreu iwea.e due mean is nam 'm Flond ae tlr.0e M1immamdmumae mdrnMl hone Skinner Lake Dam —The Skinner Reservoir, also known as Lake Skinner, is a reservoir that is situated approximately 10 miles northeast of Temecula. Originally constructed in 1973 and expanded in 1991, the lake has a current capacity of 43,800 acre-feet of water (14,274,420,000 gallons). The reservoir surface area is 860 acres with a drainage capability of 51 square miles. The crest elevation is 1,493 feet with a width of 30 feet. The dam's height sits at 109 feet. A large seismic event occurring on one of the two fault lines located in southwest Riverside County is capable of causing the dam infrastructure to fail thus creating catastrophic flooding downstream from the dam. While flooding from a failure of this dam in comparison to the Vail dam is minimal, there will still be a significant enough of an impact to place the community at risk down the Highway 79 corridor leading to the Temecula/Murrieta Creek as it descends into Old Town and out to the Pacific Ocean. For flood inundation maps regarding the Skinner Dam, please see the figures on the following page. CITY OF TEMECULA 92 Page .n Z _. g g � C O IWO* EMERGENCY OPERATIONS PLAN - 2023 Figure 32: Skinner Dam Flood Inundation Map 2 �up.,ne SKINNER FINISNER xomx a... ae. y � �M+�.x.im..mm �r mawem d LJ �xbne, �.x=rc c.m �x•w. irp a.pd,re<. INN. Diamond Valley Lake - The Diamond Valley Lake is a man-made off -stream reservoir that is located near Hemet, California. Diamond Valley Lake (DVL) is one of the largest reservoirs in Southern California with a capacity of 800,000-acre feet of water. With this capacity, the lake nearly doubled the area's surface water storage capacity and provides additional water supplies for drought, peak summer, and emergency needs. DVL features three earth fill dams, two located on either side of the valley and one along the north rim. While this lake and its dams are 24 miles away from Temecula, the hazard it poses to the Temecula Valley during a catastrophic seismic event is worth noting. The design and construction of the dams took into consideration the threat of earthquakes with the San Jacinto Fault Zone, located approximately 4 miles from the reservoir, and the San Andreas Fault located about 19 miles from the reservoir. CITY OF TEMECULA 941 P a g e EMERGENCY OPERATIONS PLAN - 2023 Diamond Valley Lake (Saddle Dam) The saddle dam rises 130 feet above the lowest point in the Domenigoni Mountains ridgeline of the north rim and is around mile long. The dam was built to increase the storage capacity of the lake, which would have been limited dur to the low ridge in this area. Figure 33: DVL Saddle Dam Diamond Valley Lake (West Dam) The west dam rises to 285 feet above the valley floor. It spans 1.5 miles in length and its foundation was extended 90 feet below the original ground surface to remove liquefaction soils that would have made the dam unstable in an earthquake. Figure 34: DVL West Dam As depicted in the map to the right, the Inundation from the Saddle and West side dams will result in heavy flooding across the region. Flooding from a catastrophic failure will impact the City of Temecula primarily along the 79N (Winchester Road) through French Valley and the Warm Springs Creek before ending at the Murrieta Creek and dumping into the Uptown District of Temecula, Old Town, and across the 1-15 freeway impacting the Promenade Mall and businesses along Ynez Road. The sunny day failure scenario places Temecula at approximately 3 hours from failure to the receipt of water in our area. Figure 36: Inundation Map - Temecula Figure 35: Inundation Map CITY OF TEMECULA 951 P a g e EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 6: Transportation Emergencies Transportation systems in or near Temecula include airways and roadways. These systems provide services on a regional and local level. A major accident is possible with these two methods of transportation through the city. Large accidents are investigated by the National Transportation Safety Board (NTSB), which is an independent Federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in the other modes of transportation — railroad, highway, marine and pipeline — and issuing safety recommendations aimed at preventing future accidents. The Safety Board determines the probable cause of: • All U.S. civil aviation accidents and certain public -use aircraft accidents • Selected highway accidents • Railroad accidents involving passenger trains or any train accident that results in at least one fatality or major property damage • Major marine accidents and any marine accident involving a public and nonpublic vessel • Pipeline accidents involving a fatality or substantial property damage • Releases of hazardous materials in all forms of transportation • Selected transportation accidents that involve problems of a recurring nature Since its inception in 1967, the NTSB has investigated more than 132,000 aviation accidents and thousands of surface transportation accidents. Trucking Incident —The trucking industry has consistently increased in size over the last century. Today, there are more trucks on the road than 20 years ago. "In 2000, one out of every eight fatal car accidents involved a large truck. This can be attributed not only to the size and weight of these trucks but also to significant blind spots in the field of view of truck drivers (Trucking Accident Info Center, 2003)." According to the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA), on average in the country and as of 2020, large trucks made up 9 percent of all vehicles involved in fatal crashes. The NHTSA says that large trucks were much more likely to be involved in a fatal multiple -vehicle crash. In 2020, The NHTSA reported that there were 4,965 people killed in crashes involving large trucks. This was a 1 percent decrease from 5,032 in 2019. 71 percent of all people killed in large truck crashes in 2020 were occupants of other vehicles. 17 percent were occupants of large trucks and 13 percent were non -occupants (pedestrians, cyclists, or other non -occupants). Since 2002, 13,966 fatalities were attributed to large trucks. Over a 10-year period, there was an unfortunate increase in the total number of people killed in large truck crashes, from 3,781 fatalities in 2011 to 4,965 fatalities in 2020. Of the fatalities in 2020: • 71 percent (3,512) were occupants of other vehicles • 17 percent (831) were occupants of large trucks CITY OF TEMECULA 961 Page EMERGENCY OPERATIONS PLAN - 2023 • 13 percent (622) were non -occupants (pedestrians, pedal cyclists, etc.) From 2019 to 2020, there was a 7-percent decrease in the number of occupants of other vehicles killed in crashes involving large trucks. This is the first decrease in large -truck occupants killed, and occupants of other vehicles killed since 2013 to 2014. From 2019 to 2020 there was a 9- percent increase in the number of non -occupants killed. The 622 killed is large truck crashes in 2020 is the highest number of non -occupants killed in the most recent 10-year period. The chart below shows 2020 Data collected by NHTSA's National Center for Statistics and Analysis. People Killed and Injured in Crashes Involving Large Trucks, by Person Type and Crash Type, 2011-2020 Truck Occupants by Crash Type Other People Single Vehicle Muluple vehicle I Total Occupants or Other Vehicles Nonoccupants Tnlal Year Number I Percent Number Percent I Number I Percent Number I Percent Number I Percent Number I Percent Total Killed 2011 408 11% 232 6% 640 17% 2,713 72% 428 11% 3,141 &3% 3,781 2012 423 11% 274 7% 697 18% 2,857 72% 390 10% 3,247 82% 3,944 2013 431 11% 264 7% 695 17% 2,845 71% 441 11% 3,286 &3% 3,981 2014 405 10% 251 6% 656 17% 2,859 73% 393 10% 3,252 83% 3,9% 2015 395 10% 270 7% 665 16% 3,017 74% 413 10% 3,430 84% 4,095 2016 520 11% 295 6% 815 17% 3,351 72% 512 11% 3,863 83% 4,678 2017 525 11% 353 7% 978 18% 3,535 72% 493 10% 4,028 82% 4,9% 2018 538 11% 352 7% 890 18% 3,563 71% 553 11% 4,116 82% 5,0% 2019 494 10% 399 8% 893 18% 3,569 71% 570 11% 4,139 82% 5,032 2020 1 508 10% 1 323 7% 1 831 17% 1 3,512 1 71% 622 13% 4,134 1 83% 4,965 lilurad 2011 7,425 3% 15,511 17% 22,936 26% 64,412 72% 1,674 2% 66,085 74% 89,021 2012 8,393 9% 16,475 16% 25,372 24% 76,342 73% 2,740 3% 79,082 76% 104,454 2013 8,949 9% 15,673 16% 24,621 26% 69,221 72% 2,254 2% 71,476 74% 95,097 2014 10,280 9% 16,865 15% 27,146 24% 82,282 74% 2,389 2% 8071 76°I 111.817 2015 10,175 9% 19,927 17% 30.102 26% 85,172 72% 2.561 2% 87,733 74% 117,835 2016t 12,941 10°I 23,241 17% 36.183 27% 94,958 70% 3.587 31! 98,545 73°I 134,727 2017T 14,550 10°{ 25,442 17% 39.992 27% 105,509 71% 2.808 2°! 108,317 73V 148,309 2018t 13,480 9% 25,719 17% 39.200 26% 108.490 72% 3.480 2% 111,970 74% 151,170 2019t 15,199 10°I 30,490 19% 45.688 29% 109,515 69% 4.156 31! 113,670 71% 159,359 2020t 15,316 11% 29,115 20% 44.934 31% 99,501 68% 2,496 2% 101,997 69% 146,930 Soumes: FORS 2011-2019 Final File, 2020 Annual Repani File (ARD' NASS GES n11-2015, CRSS 2016-202) ERSS eslimales and NASS GES eslimales are not comparahle due 10 different sample designs_ Refer to end of document for more inIbn lation ahoutCRSS. Note: Injury totals may not equal sum of iomponenls due to independent rounding. The City of Temecula is located within Riverside County and is served by one major freeway from the south, Interstate 15, and splits at the north end of the city into Interstate 15 and Interstate 215. All freeways run north and south through Temecula and serves as a major corridor from San Diego County to Los Angeles and Las Vegas. In June of 2018, a major crash involving a large truck, resulted in a 10-hour closure creating chaos on the freeway with traffic backing up for miles. The driver attempted to bring his truck to a stop when vehicles in front of him collided, but he could not and clipped the car causing his truck to CITY OF TEMECULA 971 P a g e EMERGENCY OPERATIONS PLAN - 2023 veer across all lanes of traffic and drove through a guardrail and partially plunged down an embankment at the Temecula Creek. Fortunately, there were no deaths as a result of the crash. (Temecula Patch, 2022) Figure 37: Freeway Crash (Source: Temecula Patch) Major Airplane Accident — The concern for an airplane crash in the City of Temecula is the potential for human casualties. A disabled aircraft striking the ground could result in explosions and fire. Temecula would need to address the medical needs as well as the mental health needs of victims and their families. The closest airfield to Temecula is operated by the French Valley Airport Economic Development Agency. The French Valley Airport is located in Southwest Riverside County adjacent to the communities of Temecula, Murrieta, and Winchester. The airport is located on Highway 79 and is only minutes away from Interstates 15 and 215 which is Northeast of Temecula. The flight operations present a potential risk for air crashes. The greatest risk is immediately under the takeoff and landing zone located at the south end of the airfield which is adjacent to the Somers Bend development. "1$TTarW MA tyti iGI WAATunC WWACE ��`... T�lIN4AiTYAT�-. 'tow. g900' A 6NR --------------- Figure 38: French Valley Departure Zones (Source: French Valley Master Plan) In November of 2021, a small privately owned a4, aircraft enroute to the French Valley Airport crashed in a field just yards from a major housing r 4• "" ,' j_ development resulting in the death of the pilot.'"+�,,', There was no damage to property beside the plan itself (Press Enterprise, 2022). SST. Figure 39: Plane Crash at Somers Bend (Source: Press Enterprise) CITY OF TEMECULA 981 P a g e EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 7: Civil Unrest History shows that civil unrest dates as far back as the Roman days with divisions between the rich and the poor, corrupt Roman officials stealing from poor landowners, and unemployment in the city. Nearby Los Angeles has a long history of civil unrest and in 1992, was heavily impacted by the Rodney King verdict. The impact of that verdict was felt all over the United States and caused civil unrest in other areas such as Las Vegas and San Francisco. There was massive destruction throughout the city that left more than 1,200 businesses destroyed. In the last decade there has been a significant trend, almost doubling, towards civil unrest at universities, political rallies, and across American cities resulting from law enforcement shootings resulting in deaths. In 2020, the George Floyd protests were a series of protests and civil unrest aimed against police brutality and racism that began in Minnesota on May 26t" of 2020 due to the death of George Floyd at the hand of a Minneapolis Police Officer who knelt on his neck for 9 minutes and 29 seconds. While the majority of the protests were peaceful, demonstrations in some cities escalated to riots, looting and street skirmishes with police and counter -protestors. At least 200 cities in the U.S. had imposed curfews while more than 30 states activated over 96,000 military and national guard service members. By November of 2020 a total of 9 people had died as a result of civil unrest. However, arson, vandalism and looting that occurred caused approximately $1-2 billion in damages nationally, the highest recorded damage from civil disorder in U.S. history surpassing the record set by the 1992 Los Angeles Riots. Figure 40: George Floyd Riots (Source: CNN) The effects of civil unrest are based upon the scope of the disturbance. They could include illegal assemblies, blocking of routes of transportation, disruption to public utilities, property damage, looting, injuries, and loss of life. The City of Temecula does not have a prior history of major civil unrest but is also not excluded from medium-sized events, however, Temecula is vulnerable. A major civil unrest could have a major impact on our transportation routes, our residential and commercial properties, as well as disruption to the conduct of normal city business. CITY OF TEMECULA 991 Page EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 8: Power Outage The citizens of Temecula are serviced by Southern California Edison for power. California Independent System Operator (Cal ISO) manages the flow of electricity along the long- distance, high voltage power lines that make up the bulk of California's transmission system. The non -for -profit public -benefit corporation assumed the responsibility in March of 1998, when California opened its energy markets to competition and the state's investor -owned utilities turn their private transmission power lines over to Cal ISO to manage. Cal ISO maintains reliability on one of the largest and most modern power grids in the world (Cal ISO, 2022). The ISO is charged with ensuring the safe and reliable transportation of electricity on the power grid serving 80 percent of California. As the impartial grid operator, it has no financial interest in any individual segment ensuring fair and transparent access to the transmission network and market transactions. Electricity Supply and Delivery Transmission Lines Carry Electricity Power Plant Long Distances Generates Electricity Trar Steps For Tr Source: The NEED Project" e n Distribution Lines Carry Electricity To Houses Neighborhood Transformer Steps Down Voltage Figure 41: Cal ISO Electricity Supply & Delivery (Source: Cal ISO) It It Transformers On Poles Step Down Electricity Before It Enters Houses California ISO Rolling Blackouts — When there is a problem such as a blackout, there are four factors which can affect electricity — generation, transmission, distribution, and load. During normal conditions, there is enough generation to satisfy the load and enough transmission capacity to get the electricity from the generator to the load. In most cases, system deficiencies are caused by a combination of factors. That is, there may be insufficient generation (supply) combined with transmission congestion, which will cause more severe problems in some parts of the state than others will. This is the reason why northern California has been more affected by problems than Southern California (Cal ISO, 2022) The primary task of the Cal ISO is to maintain the integrity of the grid and keep the lights on. However, the situation is complex. The process of implementing firm load reduction (e.g., rolling CITY OF TEMECULA 1001 P a g e EMERGENCY OPERATIONS PLAN - 2023 blackouts) is a complex and dynamic minute -to -minutes decision making process. Cal ISO is in constant contact with all involved parties during this process. Public Safety Power Shutoff — The California Public Utilities Commission (CPUC), in an ongoing effort to hold utilities accountable for executing safe and appropriate Public Safety Power Shutoff (PSPS) events, is requiring the state's electric utilities to public present on their preparedness efforts for PSPS events annually. Utilities will provide updates on the status of preparation efforts and coordination with public safety partners, critical infrastructure and facilities, and customers, including those most vulnerable or with access and functional needs. The utilities are required to present on efforts to mitigate customer impacts and will identify any changes to their processes or operations for the coming year based on the previous year's lessons learned from true PSPS events. The City of Temecula has taken extraordinary efforts to develop a PSPS plan that supports the community and continues to keep the business operations of the city available and operating to support the community's needs. The City of Temecula has been affected by power outages and PSPS events over the years for reasons such as high winds, storms, and damaged power poles and lines. When a power outage occurs, every effort is made to contact affected residents and ensure that those with special needs equipment (such as oxygen generators, ventilators) have a contingency plan. CITY OF TEMECULA 1011 P age EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 9: Terrorism Terrorism, as defined by the FBI is "the unlawful use of force against persons or property to intimidate or coerce a government, the civilian population or any segment thereof, in the furtherance of political or social objectives". The act of terrorism could involve biological agents, nuclear technology, incendiary devices, chemicals, or explosives. The public does not perceive that terrorism is thriving in the United States because few incidents have been spectacular, a high violence rate makes terrorist actions routine, and terrorist actions are typically against property (bombings) rather than people. U.S. terrorist incidents have included the joint effort of the Black Liberation Army and the Weather Underground to rob an armored car in Nyack, N.Y., on October 20, 1981; the 1983 bombing in the Capitol building; and bombings of abortion centers. A likely target category of future terrorist attacks is the nuclear power plant, given the number of demonstrations against them. Transnational terrorists funded by foreign governments could easily enter the United States and mount attacks. There are 6,000 miles of border that can be easily crossed and many ethnic populations which enable foreign terrorists to move about without suspicion. In 2018, most ideologically motivated murders in the United States were linked to right-wing extremism. As of 2020, right-wing terrorism accounted for the majority of terrorist attacks and plots in the U.S. and has killed more people in the continental U.S. since the September 11 attacks than Islamic terrorism (Antidefamation League, 2022). The Department of Homeland Security reported in October of 2020 that white supremacists posed the top domestic terrorism threat (Washington Post, 2021). Homeland Security Presidential Policy Directive (HSPD) 3 - The Homeland Security Presidential Directive-3 states that the Nation requires a Homeland Security Advisory System to provide a comprehensive and effective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and to the American people. Such a system would provide warnings in the form of a set of graduated "Threat Conditions" that would increase as the risk of the threat increases. At each Threat Condition, Federal departments and agencies would implement a corresponding set of "Protective Measures" to further reduce vulnerability or increase response capability during a period of heightened alert. This system is intended to create a common vocabulary, context, and structure for an ongoing national discussion about the nature of the threats that confront the homeland and the appropriate measures that should be taken in response. It seeks to inform and facilitate decisions appropriate to different levels of government and to private citizens at home and at work. National Terrorism Alert System (NTAS) - The NTAS is designed to communicate information about terrorist threats by providing timely, detailed information to the American public. All Americans share responsibility for the nation's security and should always be aware of the CITY OF TEMECULA 1021 P a g e EMERGENCY OPERATIONS PLAN - 2023 heightened risk of terrorist attack in the United States and what they should do. DHS replaced the color -coded alerts of the Homeland Security Advisory System (HSAS) with the National Terrorism Advisory System (NTAS) in 2011. Announcing Threat Conditions - After reviewing the available information, the Secretary of Homeland Security will decide, in coordination with other Federal entities, whether an WAS Alert should be issued. WAS Alerts will only be issued when credible information is available. These alerts will include a clear statement that there is an imminent threat or elevated threat. Using available information, the alerts will provide a concise summary of the potential threat, Figure 42: WAS Alert Graphic information about actions being taken to ensure public safety, and recommended steps that individuals, communities, businesses, and governments can take to help prevent, mitigate or respond to the threat. CITY OF TEMECULA 1031 P a g e EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 10: Public Health Emergencies Since well before 430 BC, public health emergencies have made an impact on civilization. In the year 541 there was an outbreak of the bubonic plague which destroyed up to one quarter of the population of the eastern Mediterranean. The Black Death (bubonic plague) returned in the 1300's killing twenty million Europeans in six years. Cholera was another public health emergency to spread across the world, causing millions to die. In 1918 the Spanish Flu spread, killing 25 million in the course of six months. During wartime, the epidemic disease was typhus, sometimes called "camp fever", killing over 68,000. (Wikipedia, 2022). In a Press Enterprise article written by Malcom Ritter on December 14, 2003, Dr. Greg Poland of the Mayo Clinic announced that a world-wide pandemic is coming, it's just a question of when. Dr. Poland said by historical pattern, it's about time for another one. According to the World Health Organization, they predict the next pandemic is likely to send one million to 2.3 million people to the hospital and kill 280,000 to 650,000 (Ritter, 1998). As predicted, a world-wide pandemic did come and in comparison, the COVID-19 pandemic, while still ongoing, hit the United States hard in 2020 and is still ongoing. From March of 2020 until September of 2022 a total of 1,058,523 U.S. citizen died from COVID-19 and over 6.5 million world-wide (Johns Hopkins, 2022). Strategic National Stockpile (SNS). We (U.S.) knew in the early 2000's that during a public health emergency, state, local, and private stocks of medical supplies would be depleted quickly. Any public health emergency or large-scale natural disaster would require rapid access to large quantities of pharmaceuticals and medical supplies. Such quantities may not be readily available unless special stockpiles were created. Therefore, a national stockpile was created as a resource for all. In 1999 Congress charged the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) with the establishment of the National Pharmaceutical Stockpile (NPS). The mission was to provide a re- supply of large quantities of essential medical material to states and communities during an emergency within twelve hours of the federal decision to deploy. Figure 43: Strategic National Stockpile The Homeland Security Act of 2002 tasked the Department of Homeland Security (DHS) with defining the goals and performance requirements of the Program as well as managing the actual deployment of assets. Effective March 1, 2003, the NPS became the Strategic National Stockpile (SNS) managed jointly by DHS and HHS. The SNS Program works with governmental and non- governmental partners to upgrade the nation's public health capacity to respond to a national emergency. Critical to the success of this initiative is ensuring capacity is developed at federal, CITY OF TEMECULA 1041 P a g e EMERGENCY OPERATIONS PLAN - 2023 state, and local levels to receive, stage, and dispense SNS assets. (CDC, 2022). Since its inception, the SNS has supported more than 60 public health responses (Global Biodefense, 2019). `R Strategic National Stockpile ASPR �Z`- Response History World Trade Hurricane Alex Centel & Hurricanes &North Dakota Anthrax Attarks Gustav&Ike Ftaading ,r -1999 - -2005 r, 2009 r. - -2001 2008 - 2010 Stockpile Hurricanes H1Nt Pandemic Established Katrina and Rita Influenza& North Dakota Flooding 'ua4+am+0an:rreyumtszwusmrers Po^res lun;we�rcdkN ta°iirx�reoswaf rv+u°aw smoW �*ra'•��+etleFFc1^ me°Is nlfvmrNsaureuwutssexo<xrrosrw>ay oewn a°sgcyessemev+rcsxra:e una epwlafslssrepNeaeplv/+.rcn§, Figure 44: Strategic National Stockpile Response History Hurricanes Plka & Hurricanes Harvey, Irma Isate &Sandy, Ehola &Maria 2011 ` �2014 _2016 `2012 -2015 2017 Hurricane Irene Botulism Outbreak Zika Virus lnx www, P H E,gov Coronavirus Disease 2019 (COVID-19). COVID-19 is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case of this virus was identified and reported in Wuhan, China in December of 2019. The disease quickly spread and rapidly became a global pandemic. This virus is transmitted when people breathe air contaminated by droplets and small airborne particles that contain the virus. The risk is higher when breathing in air from contaminated people while in close proximity to them, however, they can still be breathed in over long distances, particularly while indoors. Transmission can also occur if splashed or sprayed with contaminated fluids in the eyes, nose, or mouth. People have been reported to remain contagious for up to 20 days and can spread the virus even if they do not have symptoms (Wikipedia, 2022). The impact to the City of Temecula was felt city-wide. Nation-wide masking mandates and stay-at-home orders blanketed the city resulting in the closure of all schools, local ... - government facilities, restaurants, and support businesses. Those businesses and personnel deemed as 'essential' were permitted to return to work, drive on streets, and be out in , public. Over time, and as more information about the virus --- . was learned, restrictions were relaxed, and communities were allowed to begin returning to a new normal. 3 Teleworking and home -schooling virtually became the requirement for businesses and schools to continue. In - Temecula, 19.5% of the community is reported to have been diagnosed with COVID-19 resulting in the death of 136 community members. Figure 45: Temecula COVID Graphic CITY OF TEMECULA 1051 P a g e EMERGENCY OPERATIONS PLAN - 2023 Over the years, the County of Riverside has issued several public health alerts regarding Severe Acute Respiratory Syndrome (SARS), West Nile Virus, a multi -state Monkeypox Outbreak, Mosquito Borne Encephalitis, Influenza, and COVID-19. Of those health alerts issued, excluding COVID-19, in 2003 Riverside County was the first state confirmed case of the West Nile Virus. There were many suspected cases; however, only two were confirmed within the State of California. The first confirmed case was in Riverside County and the second cases was located further southeast in Imperial County. The City of Temecula does not have a history of large-scale public health emergencies nor does the County of Riverside. However, the possibility and capability of such an emergency does exist. In order to prepare for such an emergency, the City of Temecula works very closely with Riverside County Public Health and the Temecula Valley Hospital. Temecula Valley Hospital has a plan in place to respond locally to a large-scale public health emergency and have utilized appropriate funding sources to procure additional supplies to support an emergency response. This plan, coupled with the capabilities of the Strategic National Stockpile will increase the City's ability to respond in a large-scale public health emergency. CITY OF TEMECULA 1061 P a g e EMERGENCY OPERATIONS PLAN - 2023 Threat Assessment 11: Nuclear Radioactive materials are routinely transported in California, whether the materials are for medical or industrial use. Nuclear incidents can occur wherever radioactive materials are used, stored, ortransported. In addition to nuclear plants, hospitals, universities, research laboratories, industry, highway transportation, railroads, and shipping yards could be the site of a nuclear transportation incident. Nuclear incidents might involve a nuclear power generating plant, a nuclear weapon, nuclear waste, or a 'dirty bomb'. Nuclear Power Plants — In California, there are two nuclear power plants: Diablo Canyon, which is located in San Luis Obispo County and San Onofre, which is located in the northwestern corner of San Diego County along Interstate 5. For purposes of this plan, San Onofre will be discussed. The San Onofre Nuclear Generating Station (SONGS) is a three -unit site, 10 miles south of San Clemente. Unit 1, which operated for 25 years, was shut down in 1992. Units 2 and 3 were pressured water reactor designs that were capable of producing enough power to serve the needs of the 2.75 million households. Unit 2 was started in 1983 and Unit 3 was started in 1984. Upgrades had been made that would increase their life of use to 20 years and was completed in 2010. However, both reactors were shut down in January of 2012 after premature wear was identified on more than 3 thousand tubes in replacement steam generators that were installed in 2010-2011 (Wikipedia, 2022). In 2013, Southern California Edison (SCE) announced the permanent retirement of San Onofre Units 2 and 3. Today, SONGS is in the process of decommissioning which will take up to 20 years to complete. All spent radioactive fuel would be held on -site indefinitely in dry casks while low-level radiation would be transported and disposed of in Texas and Utah. The threat of sabotage or terrorism is real and multiple scenarios have been discussed. However, while the potential and reality exist, the probability of an attack at this location are low (The Orange County Register, 2010). MA Figure 46: San Onofre Nuclear Plant Because of the potential health hazard associated with this type of fuel, power plants are built with multiple physical barriers to prevent the escape of radioactive material. Still, the possibility exists for an accidental release of radiation into the atmosphere. People could breathe contaminated air and radioactive particles could be deposited on the ground, in water, on property and on agricultural crops. Food and dairy animals could graze on contaminated pasture, passing on the contamination to consumers through milk and meat. The Nuclear Power Plant Emergency Response Plan establishes the State of California's emergency response organization and defines the roles of Office of Emergency Services as the coordinating agency for utility, local, state, federal and volunteer agency response to a nuclear CITY OF TEMECULA 1071 P a g e EMERGENCY OPERATIONS PLAN - 2023 power plant incident. A series of zones has been established around each plant to detail required activities in the event of an accident. Emergency Planning Zone - The basic Emergency Planning Zone is the inner zone and is approximately a 10-mile radius around the plant and is defined as the plume exposure pathway. Plans are in place to protect people, property, and the environment in that zone from the effects of radioactive contamination. Nearly three million Americans live within 10 miles of an operating nuclear power plant (FEMA Ready.gov, 2021). Public Education Zone - The Public Education Zone is the middle zone and is approximately a 35- mile radius around the plant. In this zone, educational materials are distributed to inform the public about nuclear power plant operations, what to expect in the event of an accident, and what plans are in place for public protection. Ingestion Pathway Zone - The Ingestion Pathway Zone is the outer zone and is approximately a 50-mile radius around the plant and plans are in place to mitigate the effects on agriculture, and food processing and distribution. People can be affected if they eat or drink contaminated food. Mitigation calls for removal of lactating dairy cows from contaminated pastures and substituting uncontaminated feed. For milk, a mitigation effort is to withhold contaminated milk from the market. For fruits and vegetables, washing, brushing, scrubbing, or peeling to remove surface contamination. For grains, mitigation includes milling and polishing. For drinking water, avoid use of surface water for human and animal consumption. Use bottled water and canned juices as water sources. For other food products, process to remove surface contamination. For meat and meat products, action is on a case -by -case basis. Mitigation efforts for fish and shellfish are to suspend fishing operations of commercial fish firms and charter fishing boats until resumption is recommended. The Department of Agriculture will isolate food containing radioactive material to prevent its introduction into RED- 10 mile ratliia 6L11E=50 mile ratliia commerce. The City of Temecula is located within the 50-mile Ingestion Pathway Zone (outer zone — see map below) for the San Onofre Nuclear Generating System (SONGS). Following an incident at San Onofre Nuclear Generating System (SONGS), the public will be notified of precautions to take with food and water. Home grown or commercial fruits and vegetables should be washed, scrubbed, and peeled to avoid contamination. For drinking water, bottled water or juices should Glendale Passlena i1e1�Je ��ii,.iiir jai IlaO ::elelli:e G nesgn Fsxa Brrna,ryno H'Eno 1 I�l� uOEen•c L09 Rn9eB5 �a.nn NOrt�v -- �•w Je��i�z ��al IYucava 4! Mn-w ,_ tlle+SsN s+w - •c•Ck O�••. Co Na�nN re^ Prt,a a' �• anmv. In,1 Cmne w15 ur. Lnm. ev raise °"-�' sp" Ma.: C Op r Mwco _ Wnm f{:1 Tt,rronm L'. F01.g., V.e Fdm 6eatP &.mm 'q.leheim P.- Y J.einb 10 $ N' [,'g- ylal anVo Ne.a.nstar 3B L1 Ana omc.nn FemN Nne eme " LnT PSY".'s Ve'tlPs �,.y W.Wq• I HunWplen .[µ1 irvinn brmerc Beach Coon A.. L.I. F... �.•: In+e 'N Arso Veep M1iis3i0�. w..rJs Viep Mu &act Laguna ierte[�la Ngu i •� Gwe �W Cea , d. C—md Ei n,w�en r:el.nrxa 4.mm ....."' ar 5A X'E' cam° san nl .� ..r-1,Gm CnWU NaW Figure 47: San Onofre Nuclear Zone Map (Source: SONGS Safety) CITY OF TEMECULA 1081 P a g e EMERGENCY OPERATIONS PLAN - 2023 be consumed. Avoid drinking water from the surface of lakes, streams, and water wells. As of September 2022, there are no known commercial dairy farms located in Temecula. There are other livestock ranches within our sphere of influence located within the Temecula Valley Wine Country. In order to avoid contamination, livestock owners will be notified to take precautions. Lactating cows should be removed from pastures and fed substituted, uncontaminated feed. Nuclear Weapon. The danger of a nuclear attack on the United States has been significantly reduced with the end of the Cold War and the collapse of the Soviet Union. Over the years the concern had shifted to other parts of the world, such as India, Pakistan, Kashmir, Iran, Peoples Republic of China, and North Korea. As of early 2022, nine countries possessed roughly 12,700 nuclear warheads (Federation of American Scientists, 2022). Approximately 90 percent of all nuclear warheads are owned by Russia and the United States who have around 4,000 warheads in their military stockpiles. In the early 2000's, North Korea withdrew from the Nuclear Non - Proliferation Treaty and since has been threatening use and continued growth of the nuclear weapons program. Today, the war in Ukraine, launched by Russia, has brought about threats of nuclear weapons use once more by the Russian government. ESTIMATED GLOBAL NUCLEAR WARHEAD INVENTORIES, 2022 Figure 48: Estimated Global Nuclear Warhead Inventory 2022 (Source: Federation of American Scientists) An explosion from a nuclear weapon can cause deadly affects such as blinding light, intense heat (thermal radiation), initial nuclear radiation, blast, and firestorms with gale force winds. Nuclear weapons emit thermal radiation in large amounts and can cause burns and eye injuries. On a clear day, these types of injuries can occur well beyond the blast ranges. The ultraviolet light from the thermal radiation is so powerful; it can start fires that spread rapidly in the debris left by a blast, such as what happened in Hiroshima where a tremendous firestorm developed within 20 minutes after detonation. CITY OF TEMECULA 1091 P a g e EMERGENCY OPERATIONS PLAN - 2023 When the blast occurs, an electromagnetic pulse moves throughout the air. The pulse is so powerful that most long metal objects act as antennas, generating high voltages. These high voltages could destroy unshielded electronics and many wires. The ionized air also disrupts radio traffic. You can shield ordinary radios and car ignition parts by wrapping them completely in aluminum foil to protect them from damage; however, the radios cannot operate when shielded, hPrau-,P hrn;idract wavPt rannnt rParh therm Radiation from a nuclear blast consists of 15% as nuclear radiation. About 5% of that is in the form of neutron and gamma radiation. About 10% of that is residual nuclear radiation. Residual nuclear radiation is the hazard in fallout. Fallout may occur miles from the point of detonation. With larger weapons, blast and thermal effects are so much greater in importance that radiation effects can be ignored. Strategic nuclear weapons are large weapons that could be used to destroy large targets, such as cities. Figure 49: 23 Kiloton Tower Shot (Badger) April Tactical nuclear weapons are smaller weapons used to 1953 Nevada Nuclear Test Site destroy specific targets such as military, (Source: Wikipedia, 2022) communications and infrastructure. Basic methods of delivery are bombers, ballistic missiles, cruise missiles, artillery shells and hand-held devices. The chances of an attack from a nuclear weapon have significantly decreased due to the end of the cold war. However, one cannot discount the shifting concern from Russia to other countries such as Korea, who backed out of the proliferation treaty and admitted that they are producing nuclear weapons again. The City of Temecula does not have sufficient fallout spaces for its residents. Therefore, residents will most likely be directed to shelter -in -place, and if necessary, evacuate and relocate to a safe area. The State of California no longer maintains a fallout shelter - identification program. Dirty Bomb. According to the Environmental Protection Agency (EPA), the term "dirty bomb" commonly refers to a device that spreads radioactive material by exploding a conventional (non- nuclear) explosive, such as dynamite. Dirty bombs are sometimes called radiological dispersal devices. Dirty bombs are not traditional nuclear weapons and cannot cause mass devastation like a nuclear weapon or device. The use of a dirty bomb is considered far more likely than a conventional nuclear weapon. These types of devices are appealing because they require little technical knowledge to build and deploy compared to conventional nuclear weapons. Dirty bombs are usually constructed using radioactive materials from medicine, agriculture, industry, and research. These types of materials are readily available and easy to obtain compared to weapons grade uranium or plutonium. According to the U.S. Nuclear Regulatory Commission, there are over 21,000 organizations licensed to use such materials. CITY OF TEMECULA 1101 P age EMERGENCY OPERATIONS PLAN - 2023 The chances of a dirty bomb being dispensed in the City of Temecula is very small. However, Temecula continues to train and prepare its employees and emergency responders to recognize and respond to these types of incidents. Nuclear Waste. According to the U.S. Department of Energy, nuclear fuel is only good for about three or four years in a reactor. Therefore, the nuclear fuel is removed from the reactor and is now considered spent fuel. All nuclear reactors produce spent fuel. Currently, there are reactors at commercial power plants, at government research facilities, and on about 40 percent of the U.S. Navy's submarines and ships. With the end of the Cold War, the United States has been working to close and clean up obsolete weapons plants and dispose of the nuclear weapons materials. This has created a need to dispose of highly radioactive material associated with weapons production. This material is called high-level radioactive waste (U.S. Dept of Energy, 2022). Since the mid-1940's, spent nuclear fuel and high-level radioactive waste have accumulated throughout the country. "Spent nuclear fuel and high-level radioactive waste are materials from nuclear power plants and government defense programs. These materials contain highly radioactive elements. Some of these elements will remain radioactive for a few years, while others will be radioactive for millions of years (U.S. Dept of Energy, 2020)." Scientists worldwide agree that the safest way to manage these materials is to dispose of them deep underground in what is called a geologic repository. When spent fuel is first removed from a reactor, it is placed in a special pool of water contained in a steel -lined concrete basin. The water cools the spent fuel and protects workers and the public from radiation. After it has cooled considerably, some commercial power plants and government facilities move the fuel to dry -storage containers made of steel and/or concrete to shield radiation. Nuclear waste must be properly managed to minimize risk to the environment and to the health and safety of future generations. Spent nuclear fuel and high-level radioactive waste have accumulated throughout the country. Currently, they are stored in temporary facilities at some 131 sites in 39 states. Low-level radioactive waste is generated by facilities such as hospitals, labs, dental facilities, manufacturing plants, medical testing facilities, colleges, and universities. Low- level waste is shipped in containers designed to meet stringent Nuclear Regulatory Commission and Department of Transportation standards. Department of Transportation requires that these types of waste be transported using the safest routes and in Type A containers, which are able to withstand ordinary transportation conditions. To properly dispose of nuclear waste, Federal officials have selected a permanent storage site at Yucca Mountain in southern Nevada, which should begin accepting shipments in 2010 or 2011. The Yucca Mountain facility was met with heavy resistance and as of May of 2021, the facility has not been funded and would not be part of President Biden's plans for nuclear -waste disposal. The City of Temecula has several facilities, such as hospitals, labs, and dental offices that have on -site radiological materials. These facilities will require shipment of radiological materials and will generate radioactive waste. At this time, we have no low-level radiological waste storage CITY OF TEMECULA 1111 P age EMERGENCY OPERATIONS PLAN - 2023 facilities. The transportation of spent fuel and highly radioactive nuclear waste to a permanent site outside of our area or California might have an effect on the City of Temecula in that Interstate 15, a highly traveled freeway by commercial carries, might be utilized to transport nuclear material outside of the area. All carriers of nuclear waste receive special training. In the event of a radiological emergency involving the transportation of nuclear waste, nuclear utilities have signed a nationwide agreement providing that the closest facility offer equipment and technical assistance regardless of who shipped the radioactive material. Emergency responders within the City of Temecula are trained on a regular basis to respond to these types of emergencies. CITY OF TEMECULA 1121 P a g e EMERGENCY OPERATIONS PLAN - 2023 AUTHORITIES AND REFERENCES Authorities Local Authorities • Essential Records Guide August 2018, National Archives and Records Administration • County of Riverside Emergency Services Ordinance 533, Section 2.1, establishes the Operational Area Planning Committee (OAPC) • City of Temecula Municipal Code o 2.56 Emergency Organizations and Functions • City of Temecula Resolutions 0 93-18 Approving the California Disaster and Civil Defense Master Mutual Aid Agreement for the State of California 0 95-07 Approving Participation in the Standardized Emergency Management System of the State of California 0 06-78 Supporting the Integration and Implementation of the National Incident Management System (NIMS) for Effectively Handling Emergency Situations 0 10-08 Amending Chapter 2.56 of the Temecula Municipal Code Relating to Emergency Organization and Functions 0 18-69 Adopting the 2017 City of Temecula Local Hazard Mitigation Plan Annex to the Riverside County Operational Area Multi -Jurisdictional Local Hazard Mitigation Plan 0 18-79 Adopting the 2019 City of Temecula Emergency Operations Plan State Authorities • California Constitution • California State Emergency Plan • California State Private Nonprofit (PNP) Organizations Assistance Program, 2011 • California Hazardous Materials Incident Contingency Plan • California Assembly Bill 2311 (Brown, Chapter 520, Statutes of 2016) Integration of Access and Functional Needs • Article 15 of the California Emergency Services Act (CESA, Chapter 7 of Division 1 of Title 2 of the Government Code) Preservation of Local Government • California Government Code o Section 8607(a), Chapter 1 of Division 2 of Title 19 — SEMS Regulations o Section 8630 Chapter 395, Section 1 (AB 2898) o Chapter 7 of Division 1 of Title 2 — Emergency Services Act o Chapter 7.5 of Division 1 of Title 2 — Natural Disaster Assistance Act o Section 179, et seq., Emergency Management Assistance Compact (EMAC) o Section 8593.3 Integration of Access and Functional Needs 0 • California Civil Code o Chapter 9, Section 1799.102 — Health and Safety Code CITY OF TEMECULA 1131 P a g e EMERGENCY OPERATIONS PLAN - 2023 • California Health and Safety Code o Division 20, Chapter 6.5, Sections 25115 and 25117; Chapter 6, 95, Sections 25500 et seq.; Chapter 7, Sections 25600 through 25610, Dealing with Hazardous Materials Federal Authorities • Federal Civil Defense Act of 1950 (Public Law 920), as amended • Federal Communications Commission (FCC) Part 90m, Rules and Regulations • NRT-1, Hazardous Materials Planning Guide and NRT-1A Plan Review Guide (Environmental Protection Agency's National Response Team) • Public Law 93-288 (as amended) Robert T. Stafford Disaster Relief and Emergency Assistance Act • Americans with Disabilities Act (ADA) of 1990 References • National Response Plan (NRP) • Disaster Assistance Procedure Manual (Cal OES) • California Emergency Resources Management Plan • California Emergency Plan • California Hazardous Materials Incident Contingency Plan • California Law Enforcement Mutual Aid Plan • California Fire and Rescue Master Mutual Aid Plan • California Emergency Services Act • Homeland Security Presidential Policy Directive (HSPD-5) • Standardized Emergency Management System (SEMS) Guidelines • City of Temecula General Plan, Public Health and Safety • U.S. Nuclear Regulatory Commission • California Department of Water • Rancho California Water District Vail Dam Rehabilitation Project. Retrieved from the World Wide Web on September 8, 2022: https://cwc.ca.gov/-/media/CWC- Website/Files/Documents/2019/06 June/June2019 Item 8 Attach 1 VailOnePager.pd f • California Independent System Operator (Cal ISO). Retrieved from the World Wide Web on September 26, 2022: https://www.caiso.com/Pages/default.aspx • French Valley Airport Master Plan. Retrieved from the World Wide Web on September 18, 2022: https://www.rcfva.com/Portals/O/French%20Valley%20MP%20Draft/20Final.pdf • George Floyd Riots. Retrieved from the World Wide Web on September 22, 2022: https://en.wikipedia.org/wiki/George Floyd protests • Massive 1-15 Wreck in Temecula Prompts 10-Hour Closure. Retrieved from the World Wide Web on September 21, 2022: https://patch.com/california/temecula/major-crash- blockine-i-15-temecula-nb-lanes-closed CITY OF TEMECULA 1141 P a g e EMERGENCY OPERATIONS PLAN - 2023 • Murrieta Pilot Dies in Small Plane Crash in Temecula. Retrieved from the World Wide Web on September 22, 2022: https://www.pe.com/2021/11/23/pilot-dies-in-small-plane- crash-in-temecula/ • National Highway Traffic Safety Administration (NHTSA) National Center for Statistics and Analysis. Retrieved from the World Wide Web on September 20, 2022: https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813286 • National Highway Traffic Safety Administration (NHTSA) National Center for Statistics and Analysis. Retrieved from the World Wide Web on September 20, 2022: https://crashstats.nhtsa.dot.gov • National Terrorism Advisory System. Retrieved from the World Wide Web on September 29, 2022: https://www.dhs.gov/national-terrorism-advisory-system • Ritter, Malcolm, (2003, December 14). Experts warn of flu pandemic in future. Press - Enterprise, pp. Al. • Radiological Emergency Preparedness. Retrieved from the World Wide Web on September 29, 2022: https://www.fema.gov/emergency- managers/practitioners/hazardous-response-capabilities/radiological • San Onofre Safety. Retrieved from the World Wide Web on September 29, 2022: https://sanonofresafety.org/ • San Onofre Nuclear Generating Station: Retrieved from the World Wide Web on September 18, 2022: https://en.wikipedia.org/wiki/San Onofre Nuclear Generating Station • Spanish Flu. Retrieved from the World Wide Web on September 26, 2022: https://en.wikipedia.org/wiki/Spanish flu • Spent Fuel and Waste Disposition. Retrieved from the World Wide Web on September 29, 2022: https://www.energy.gov/ne/spent-fuel-and-waste-disposition • Status of World Nuclear Forces. Retrieved from the World Wide Web on September 29, 2022: https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/ • Strategic National Stockpile. Retrieved from the World Wide Web on September 30, 2022: https://globalbiodefense.com/tag/countermeasure-stockpile/ • Strategic National Stockpile: Retrieved from the World Wide Web on September 30, 2022: https://www.phe.gov/about/sns/Pages/default.aspx • Strategic National Stockpile: Retrieved from the World Wide Web on September 30, 2022: https://www.cdc.gov/cpr/documents/dsns fact sheet.pdf • COVID-19. Retrieved from the World Wide Web on September 28, 2022: https://en.wikipedia.org/wiki/COVID-19 • Terrorism Files.org. Terrorism History. Retrieved from the World Wide Web on November 18, 2003: http://www.terrorismfiles.org/encyclopaedia/history of terrorism.html • Terrorism? Sabotage? Canister Failure? Experts Explore San Onofre Doomsday Scenarios: Retrieved from the World Wide Web on September 29, 2022: https://en.wikipedia.org/wiki/San Onofre Nuclear Generating Station • USGS Earthquake Info. Retrieved from the World Wide Web on September 30, 2022: https://www.usgs.gov/programs/earthquake-hazards/earthquakes CITY OF TEMECULA 1151 P a g e EMERGENCY OPERATIONS PLAN - 2023 This page is intentionally left blank CITY OF TEMECULA 1161 P a g e EMERGENCY OPERATIONS PLAN - 2023 APPENDICES Appendix A — Glossary of Terms Action Plan A plan prepared for response and recovery to large emergencies that contains strategic objectives and goals to enable the jurisdiction(s) to work towards getting back to normal operations. Typically, an Action Plan is developed for each operational period (12 hours). American Red A federally chartered volunteer agency that provides relief to individuals Cross and families. Responsibilities include providing lodging, food, clothing, and registration and inquiry service. Care and Shelter A function that provides food, clothing, and housing needs for people on a mass care basis. Concept of Methods that agencies use to organize their response to disasters. Operations Contamination Deposits of radioactive or other toxic materials that occur on the surfaces of structures, areas, objects, people, flora, and fauna. Contingency Plan A supporting plan which deals with one specific type of emergency, its probable effect on the jurisdiction, and the actions necessary to offset these efforts. Disaster Service Any persons registered with a disaster council to provide disaster services Worker without pay. Disaster service workers include public employees, registered volunteers, and persons pressed into service during an emergency by persons authorized to command such services. Egress The act of coming or going out from or of leaving a place. Emergency A centralized location from which emergency operations can be directed Operations Center and coordinated. Federal Assistance Aid to disaster victims or state or local governments by federal agencies under the provisions of the Federal Disaster Relief Act and other statutory authorities of federal agencies. Hazardous Material A substance or combination of substances which, because of quantity, concentrations, physical, chemical, radiological, explosive, or infectious characteristics, poses a substantial present or potential danger to humans or the environment. Generally, such materials are classified as explosives and blasting agents, flammable and nonflammable gases, combustible liquids, flammable liquids and solids, oxidizers, poisons, disease -causing agents, radioactive materials, corrosive materials, and other materials including hazardous wastes. Hazardous Any release of material is capable of posing a risk to health, safety, and Materials Incident property. Areas at risk include facilities that produce, process, transport, or store hazardous material, as well as sites that treat, store, and dispose of hazardous material. CITY OF TEMECULA 1171 P a g e EMERGENCY OPERATIONS PLAN - 2023 Incident Command The nationally used standardized on -scene emergency management System (ICS) concept specifically designed to allow its user(s) to adopt an integrated organizational structure equal to the complexity and demands of single or multiple incidents without being hindered by jurisdictional boundaries. Joint Information A Joint Information Center is a center that is activated when multiple Center agencies need to collaborate to provide timely, useful, and accurate information to the public. Local Emergency The duly proclaimed existence of conditions of disaster or of extreme peril to the safety of person and property within the territorial limits of a county, city and county, or city which are, or likely to be, beyond the control of the services, personnel, equipment, and facilities of that jurisdiction. Mitigation Pre -event planning and other actions which lessen the effects of potential disasters. Mutual Aid Region A subdivision of the State of California emergency services organization established to coordinate mutual aid and other emergency operations. Operational Area An intermediate level of the State of California emergency services organization consisting of a county and all its political subdivisions. Political For California: Any city, city and county, county, district, or other local Subdivision government agency or public agency authorized by law. Public Information An official responsible for releasing information to the public through news Officer media. Standard Operating A set of instructions covering those features of operations which lend Procedures themselves to a definite or standardized procedure. Standard operating procedures support an annex by indicating in detail how a particular task will be carried out. Unified Command A command structure which provides for all agencies or individuals who have jurisdictional responsibility (geographical or functional) to jointly manage an incident through a common set of objectives. CITY OF TEMECULA 1181 P a g e EMERGENCY OPERATIONS PLAN - 2023 Appendix B — List of Acronyms ADA Americans with Disabilities Act AED Automated External Defibrillator Cal OES California Office of Emergency Services Cal ISO California Independent System Operations CALFIRE California Fire CALVET California Veterans Affairs CALTRANS California Transportation CCR California Code of Regulations CDC Center for Disease Control CERT Community Emergency Response Team CESA California Emergency Services Act CHP California Highway Patrol COVID-19 Coronavirus Disease-19 CPR Cardiopulmonary Resuscitation CPUC California Public Utilities Commission DHS Department of Homeland Security DOE Department of Energy DSW Disaster Service Worker DVL Diamond Valley Lake DWR Department of Water Resources EAS Emergency Alert System EMAC Emergency Management Assistance Compact EMMA Emergency Managers Mutual Aid EOC Emergency Operations Center EOP Emergency Operations Plan EPA Environmental Protection Agency ERF Emergency Response Force FBI Federal Bureau of Investigation FE Functional Exercise FSE Full -Scale Exercise FCC Federal Communications Commission FEMA Federal Emergency Management Agency HHS Department of Human Health Services HMGP Hazard Mitigation Grant Program HMB Hazardous Materials Branch HSAS Homeland Security Advisory System HSC Homeland Security Council HSEEP Homeland Security Exercise and Evaluation Program HSPD Homeland Security Presidential Directive HT Handheld Transceiver IA Individual Assistance IC Incident Commander ICP Incident Command Post CITY OF TEMECULA 1191 P a g e EMERGENCY OPERATIONS PLAN - 2023 ICS Incident Command System JIC Joint Information Center JIS Joint Information System LAC Local Assistance Center LHMP Local Hazard Mitigation Plan MACS Multi -Agency Coordination System MHz Megahertz NDAA Natural Disaster Assistance Act NHTSA National Highway Traffic Safety Administration NIMS National Incident Management System NPS National Pharmaceutical System NRC U.S. Nuclear Regulatory Commission NTAS National Terrorism Alert System NTSB National Transportation Safety Board OA Operational Area OAPC Operational Area Planning Committee OEM Office of Emergency Management PA Public Assistance PDA Preliminary Damage Assessment PIO Public Information Officer PSEC Public Safety Enterprise Communications PSPS Public Safety Power Shutoff RACES Radio Amateur Emergency Services REOC Regional Emergency Operations Center RIMS Response Information Management System SCE Southern California Edison SEMS Standardized Emergency Management System SNS Strategic National Stockpile SONGS San Onofre Nuclear Generating Station SOP Standard Operating Procedure TCC Temecula Citizen Corps TTX Table -Top Exercise TVH Temecula Valley Hospital VHF Very -High Frequency VOAD Voluntary Organizations Active in Disaster WEA Wireless Emergency Alert CITY OF TEMECULA 1201 P a g e EMERGENCY OPERATIONS PLAN - 2023 List of Figures • Figure 1: Disaster Management Cycle • Figure 2: Recovery Spider Chart • Figure 3: Local Assistance Center Graphic • Figure 4: Mitigation Process • Figure 5: Generic ICS Organizational Chart • Figure 6: SEMS Levels Chart • Figure 7: Cal OES Administrative Regions • Figure 8: Cal OES Mutual Aid Regions • Figure 9: City of Temecula EOC Organization Chart • Figure 10: City of Temecula EOC Activation Levels • Figure 11: EOC Display Chart • Figure 12: City of Temecula Mutual Aid Flow Chart • Figure 13: Discipline Specific Mutual Aid Systems • Figure 14: Cal OES Mutual Aid Regions • Figure 15: Hazard Matrix — Likelihood of Occurrence • Figure 16: Types of Faults • Figure 17: Elsinore Fault Line — City of Temecula • Figure 18: Temecula Fault Lines • Figure 19: San Andreas Fault — Historical Timeline • Figure 20: Riverside County Fault Zones / Lines • Figure 21: Comparison of Richter Magnitude and Modified Mercalli Intensity • Figure 22: Temecula Liquefaction Zones • Figure 23: Gas Transmission Lines • Figure 24: San Diego Firestorm Map 2014 • Figure 25: City of Temecula Flood Hazard Map • Figure 26: Vail Dam Flood Inundation Map 1 • Figure 27: Vail Dam Flood Inundation Map 2 • Figure 28: Vail Dam Flood Inundation Map 3 • Figure 29: Vail Dam Flood Inundation Map 4 • Figure 30: Vail Dam Flood Inundation Map 5 • Figure 31: Skinner Dam Flood Inundation Map 1 • Figure 32: Skinner Dam Flood Inundation Map 2 • Figure 33: DVL Saddle Dam • Figure 34: DVL West Dam • Figure 35: DVL Inundation Map • Figure 36: DVL Inundation Map —Temecula • Figure 37: Freeway Crash Picture • Figure 38: French Valley Airport Departure Zones • Figure 39: Plane Crash at Somers Bend • Figure 40: George Floyd Riot Picture • Figure 41: Cal ISO Electricity Supply and Delivery CITY OF TEMECULA 1211 P a g e EMERGENCY OPERATIONS PLAN - 2023 • Figure 42: NTAS Alert Graphic • Figure 43: Strategic National Stockpile Picture • Figure 44: Strategic National Stockpile Response History • Figure 45: Temecula COVID Graphic • Figure 46: San Onofre Nuclear Plant • Figure 47: San Onofre Nuclear Zone Map • Figure 48: Estimated Global Nuclear Warhead Inventory 2022 • Figure 49: 23 Kiloton Tower Shot (Badger) April 1953 CITY OF TEMECULA 1221 P a g e Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023 SUBJECT: Approve Purchase and Installation Agreements with Playcore Wisconsin, Inc. dba GameTime and Landscape Structures, Inc., for Playground Equipment Enhancement and Safety Surfacing at Temecula Creek Trail Park, Redhawk Park, Calle Aragon Park, and Long Canyon Park PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant RECOMMENDATION: That the City Council: 1. Approve the purchase and installation agreement with GameTime, in the amount of $334,641.07, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Temecula Creek Trail Park); and 2. Approve the purchase and installation agreement with GameTime, in the amount of $531,702.58, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for Playground Equipment Enhancement and Safety Surfacing (Redhawk Park); and 3. Approve the purchase and installation agreement with GameTime, in the amount of $73,736.46, and authorize City Manager to approve additional work not to exceed a contingency amount of $2,000, for the Playground Equipment Enhancement and Safety Surfacing (Calle Aragon Park); and 4. Approve the purchase and installation agreement with Landscape Structures, Inc., in the amount of $438,047.68, and authorize City Manager to approve additional work not to exceed a contingency amount of $10,000, for the Playground Equipment Enhancement and Safety Surfacing (Long Canyon Park). BACKGROUND: Utilizing cooperative agreements with Sourcewell and Omnia, complete proposals were requested from each vendor for the various park sites and were reviewed by the Parks, Recreation and Community Services Subcommittee. The Public Works Department, in collaboration with the Temecula Community Services District (TCSD), has worked together to prioritize City park sites that are in need of repair, replacement, or need further evaluation to determine what measures, if any, may be required to ensure compliance with current safety standards. We have installed new enhancements or replacements of playground equipment and safety surfacing materials in various parks, including the Veteran's Park, Sunset Park, Butterfield Stage Park, and Vail Ranch Park. GameTime and Landscape Structures, Inc have provided exceptional products and performance in the manufacturing and installation of many of our new playgrounds. Therefore, staff recommends the approval of the Agreements with GameTime and Landscape Structures, Inc., for the Playground Equipment Enhancement and Safety Surfacing projects. FISCAL IMPACT: The total project costs are $1,378,127.79, plus contingency of $32,000, for a total encumbrance of $1,410,127.79. The Playground Equipment Enhancement and Safety Surfacing project is identified in the City's Capital Improvement Program, Fiscal Years 2023-2027 and adequate funds are available in the project. ATTACHMENTS: 1. Agreement — GameTime — Temecula Creek Trail Park 2. Agreement — GameTime — Redhawk Park 3. Agreement — GameTime — Calle Aragon Park 4. Agreement — Landscape Structures, Inc. — Long Canyon Park 5. Renderings PURCHASE AND INSTALLATION AGREEMENT FOR PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING (TEMECULA CREEK TRAIL PARK) THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor"). RECITALS A. City desires to engage Contractor to provide and install the following PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING INSTALLATION SERVICES, as more fully described herein ("Project"). B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement. C_ Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor. D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein. E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract. F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows: Scope of Work. 1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1- Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available. 1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein. 1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products. 1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period. 2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City. 3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services. 4. Compensation. 4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Three Hundred Thirty -Four Thousand, Six Hundred Forty -One Dollars and Seven Cents ($334,641.07), unless otherwise agreed upon in writing. 4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing. 4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins. 5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. Tvpe and Installation of Materials/Standard of Care. 7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel. 7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-16/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664. 8. Indemnification. 8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way. For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 8.2 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.3 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. Independent_Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees. 10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. Prevaiing Wages. 12.1 This Agreement calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526. 12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract. 15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows: To the City: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Stacy Fox To the Contractor: Playcore Wisconsin, Inc. dba GameTime PO Box 680121 Fort Payne, AL 35968 Attn: Myles Harvey 16. Termination 16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days. 16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement. 17. Contractors Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services. 18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All otherwarranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A. 19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent. 21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 22. Miscellaneous Provisions. 22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement. 22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern. 22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California. 22.10 Equal Opportunity_ Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled. 22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date By: Name: Peter M. Thorson Title: City Attorney ATTEST: Date: By: Name: Randi Johl Title: City Clerk CITY OF TEMECULA, a municipal corporation Date: By: Name:Zak Schwank Title: Mayor CONTRACTOR: Playcore Wisconsin, Inc. dba Gametime, a Corporation By: �4,4,�p Name: Clint Whiteside Title: Director of Sales Administration Date: March 29. 2023 Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements Bond Forms FZr="Gt: EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE GameTime CIO Great Western Recreation 01/20/2023 P.O. Box 680121 C60MGATime� Fort Payne, AL 35967 107880-01-02 O11,ce:435.245-5055 Fax:435.245.5057 PLAYCORE C—P.•Y www.gwpark.com Temecula Creek Trail Park Playground Option 3 City of Temecula Ship to Zip 92667 Attn: Star Fox 41000 Main Street Temecula, CA 92590 Phone: 951-308-0306 stacy-fbx@tenieculaCA.gov uarinty -art itzscription tnit Price Amount 1 RDU GameTine - Custom 5-12 Playground- $75,842.00 $75,842.00 Reference Drawing 107880-01-Opt 3 1 5916SP GameTIme - GT Wave $74,902.00 $74,902.00 1 5179 Gam,:Tme- Welcome Sign (5-12) $713.00 $713.00 1 14927 GameTine - NDS Play On Sign Package 2 61768 GameTiine-Talk Tube Ground Lvl Fmostand Ps 2-5 5723.00 $1,446M t RDU Game -Time - Swing Seats- $4,340.00 $4,340.00 Reference Drawing 107880-01-Opl3 1 5192 GT-Shade - Double Bay Swing Shade $12,09tt.00 $12,090-00 115 INSTALL Turlwscape -115 Cub c Yards of Engineered Wood Fiber- Blown In- $6220 $7,153.00 Prevalling Wage 1843 PIP GT-Impax -1,843 SF of PIP- $21.18 $39,034.74 "List Price $47,603.35, discounted per Omnla Conlrect 1843 Total Sq Ft, 8' CFI4 ( 1670 sf PLUS 115If t.down x 1-5 ) Includes 50f50 std epdrn and black - tbd No Design, No TTA pads Aromatic Binder Prevailing Wages 1 SECURfiY GT-Innpax - Site Security- $925.00 $925.00 Prevailing Wages 1 INSTALL Install -Site Work- $37.265.00 $37265.00 • Demo/remove equipment, sand, PIP and PIP subbase- - Providermstal11,979 sgft of CMB materfas con'ipacted to W%for 4" depth- • Excavatelremove 2,365 sgft of existing sand 12' depth. • Remove and dispose spoils. • Prevailing wages. • Price includes one (1) move -on only 1 INSTALL Install - Playground Equipment- $75.095-00 $75,095-00 • Installation only of (1) Gamebme SVucture #/10788"1-Opt 3 • Providelinstall filter Fabric for 2,365 sgft only Footings excavation, and concrete - Equipment assembly. • Removal of spoils • Prevailing wages. • Price includes one (1) move -on only. 1 BOND Gameiime - Payment and Performance Bond $5.035-00 $5,035-00 GameTme CIO Great Western Recreation 01/20/2023 CGme � armP O. Box 680121 Ou ate #a11 1�' Fort Payne, AL 35967 107800-01-02 Offrce:435-245-5055 Fax:435-245-5057 A P[A; CORE Cw wv www.gwpark.com Temecula Creek Trail Park Playground Option 3 Contract: OMNIA #2017001134 Sub Total $333,840.74 Discount (524,143.12) Freight $12,239.34 Tax $12,704.11 Comments Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 it you should have any questions regarding this quote. We to the volatility of freight costs, the freight pricing is subject to change at the time of order. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. Shipping to - Installer 1009 N Batavia Orange, CA 92867 Site Address: Temecula Creek Trail Park 33662 Channel St Terecula, CA 92592 'Freight charges are based on listed zip code and are subject, to change if shipping information changes *Deposit may be required. Customer is responsible for offloading. Prevailing wage 0Vy of Temecula OMNIA # 1146668 Temecula Creek Trail Park Playground- Project 107880-01-Opt 2 Temecula, CA all v Now ,�, � e VAR IRA 44 _, Opp, yam► ''i GREAT WESTERN A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Myles@gwpark.com R E C R E A T 1 0 N Temecula Creek Trail Park Playground- Project 107880-01-Opt 2 Temecula, CA r "M 11V WIN AI Y 'Sth _ ter,, � � \� �/ �`� �•''`+ 9� ` / / • '�` . +r.��. � ��5 �, a- -I "'�.� �� / �� \ Imo, �.�� ►�_��►� A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Myles@gwpark.com GREAT WESTERN R E C R E A T 1 0 N EXHIBIT B INSURANCE REQUIREMENTS Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage_ Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. C. ALltomoblle Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim. B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. Self-insurance will not be considered to comply with these requirements unless approved by City. G. Cify Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CORPORATE RESOLUTION , Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation. Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable. I Jr v. that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed. Said officer is authorized to act upon this Resolution until written notice of its revocation. GameTime A Division of P1ayCore Wisconsin, Inc. Clint T. Whiteside, Director of Sales Administration, »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» I, Roger R. Posacki CEO President and Director Chairman of Pla Core Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime — A Division of Pla Core Wisconsin Inc. to act on behalf of said Corporation. PlayCore Wisconsin, Inc. 544 Chestnut Street Chattanooga, Tennessee 37402 — 14: 41v Roger V Po acki, President and CEO STATE OF TENNESSEE COUNTY OF HAMILTON SWORN TO and subscribed before me this 12th day of January, 2023. 4p�U P�Ny -k Stacey Grupenha n, Notary P lic q�'^ My commission expires: January 5, 2024 N iEQTASf�' itY r ~r .. �I'L rc;P r%4+�,,,,��,�„�� ryas 1111sronE%0 PURCHASE AND INSTALLATION AGREEMENT FOR PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING (REDHAWK PARK) THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor"). RECITALS A. City desires to engage Contractor to provide and install the following PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING INSTALLATION SERVICES, as more fully described herein ("Project"). B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement. C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor. D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein. - E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract. F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows: Scope of Work. 1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1- Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available. 1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein. 1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products. 1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period. 2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City. 3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services. 4. Compensation. 4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Five Hundred Thirty -One Thousand, Seven Hundred Two Dollars and Fifty -Eight Cents ($531,702.58), unless otherwise agreed upon in writing. 4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing. 4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins. 5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. Type and Installation of Materials/Standard of Care. 7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel. 7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-61/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664. 8. Indemnification, 8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way. 8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees. 10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. Prevailing Wage . 12.1 This Agreement calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526. 12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract. 15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows: To the City: To the Contractor: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Stacy Fox Playcore Wisconsin, Inc. dba GameTime PO Box 680121 Fort Payne, AL 35968 Attn: Myles Harvey 16. TERMINATION 16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days. 16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware manufactured or delivered to City site under this Agreement. 17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services. 18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A. 19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent. 21. Farce Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 22. Miscellaneous Provisions. 22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement. 22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern. 22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California. 22.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled. 22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above. APPROVED AS TO FORM: CITY OF TEMECULA, a municipal corporation CITY ATTORNEY'S OFFICE Date. - Date: By: Name: Peter M. Thorson Title: City Attorney_ ATTEST: Date- By- Name:Randi Johl Title: Citv Clerk By: Name:Zak Schwank Title: Mayor CONTRACTOR: Playcore Wisconsin, Inc. dba Gametime, a Corporation By:� Name: Clint Whiteside Title: Director of Sales Administration Date: March 29, 2023 Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements Bond Forms ts- It 11 123 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE GameTiirne UO Great Western Recreation 0112.0!2023 (GOMOTIMOP.O. Box 680121 Quote # Fort Payne, AL 35967 107880-02-03 Offlce: 435 245-W55 Fax: 435-245.5057 A RLX�i CORE camps-, Www-gwpark.com Redhawk Community Park Playground Option 3A City of Temecula Ship to Zip 92867 Attn: Stacy Fox 41000 Main Street Temecula, CA 92590 Phone:951-308-6306 stacyfox@teme culaCA.gov ,tuantity Iartg liescription r 1 RDU GameTime - Custom 5-12 Playground- $232,081.00 $232,081.00 • Reference Drawing 107880-02-Opt3 9 39012 GameTime-TofS Leaf $511.00 $4,599.00 1 14926 GameTnne-NDS Inclusive Play Sign Package 1 5179 GameTime - Welcome Sign (5-12) $713.00 3713.00 1 RDU GameTane - Custom 2-5 Playground- $37,557.00 $37,557.0 Reference Drawing 107860-02.Opt 3 1 5178 GameTane - Welcome Sign (2-5) $713-00 S713-GD 1 14927 GameTmne - NDS Play On Sign Package 5 6232 GameTane - Pod (1'-0") $483.00 $2,415-00 1 7031 GameTane-Whale $19,078-00 $19,078-00 1 18778 GameTane-Schooner Bow $3,931-00 $3,931-00 1 81754 GameTane - Music Time $2,220 00 $2,228.00 1 3274 GameTane - Sensory Wave Seat $2,539.00 $2,539_01) 1 RDU Gam eTirne-Swing Seats $5,651AD $5,651.00 1 5192 GTShade- Double Bay Swing Shade 312,090-00 $12,090.00 165 INSTALL Turboscape - 165 Cubic Yards of Engineered Wood Fiber- Blown In- '$6220 $10,263.00 Prevailing Wages 1999 PIP GT-ImpaK-1,999 SF of PIP- $21.04 $42,D58.96 -List Price $51,291.41, discounted per Omnia Contract 1999 Total Sq Ft, 8' CFH (1826 sf PLUS 1151f Ldown x 1.5 ) Includes 50150 std epdm and black - tbd No Design, No TTA pads Aromatic Binder Prevailing Wages Based on good job access, No Design 1 SECURITY GT-ImpaK-Site Security- $925-00 3925.00 Prevailing Wages G meTirne C10 Great Westem Recreation 01120/2023 Gin Box 680121 Quote # Gi A ■r� Fort Payne, AL 35967 107880-02-03 Ofice:435-245-5055 Fax:435-245-5057 A PLA't'CORE c•„ gyp."r www gwpark.com Redhawk Community Park Playground Option 3A 1 INSTALL Instal - Site Work- $56,035.00 $56.035.00 • Demol'remove equipment, sand, PIP and PIP sub-0ase- • Providefinstall 1,999 sgft of concrete subbase for 4" depth includes 115'LF of turndown. • ProvideMstall (3) sumps drains; 3'DIA x 5' DEEP (Lined with filter fabric and +/- VW rock) • Excavatelremove sand for 1,999 sqft at 7.5" depth • Excavatelremove 3,435 sgft of existing sand 12" depth. • Remove and dispose spoils. • Prevailing wages. • Price includes one (1) move -on only 1 INSTALL Instal - Playground Equipment- $123,165-00 $123,165-00 • Installation only of (1) Gametime Structure 9107880-01-Opt 3 • Providelinstall fifer Fabric for 3,435 sgft only • Footings excavation, and concrete. • Equipment assembry. • Removal of spoils_ • Prevailing wages. • Price includes one (1) move -on only- 1 BOND GanieTime - Payment and Performance Bond $8,000.00 $8,000.00 Contract: OMNIA #2017001134 Sub Total $564.041.96 Discount ($69,0113.40) Freight $14,387-26 Tax $22,276.76 Comments Your Sales Rep is Myles Harvey. Please reach out to Myles at 805-320-9007 if you should have any questions regarding this quote. Due to the volatility of freight Costs, the freight pricing is subject to change at the time of order. Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. Shipping to: W-ta er 1009 N Batavia purge, CA 92867 Site Address: Redhawk Community Park 44747 ftedhawk Fkwy, Temecula, CA 92592 'Freight charges are based on 1s'eit zip code and are subect to change if shipping information changes. *Deposit may be required. Customer is re5pons ble for offloading_ Prevailing wage city of Temecula oMNIA # 1148668 C R C A ► W [ $ T L H Y ® - ••� City of Temecula SALES REP Tar awe s Redhawk Community Park mrLEs rwRVEv Tuy Bevy ed P aY Cmpo e b Ausdhfe By p Temecula CA eossza9oo7 Tar Bev�d Cm�na �3yT -sfa a neRac.e LWLESOGWPAPoCCOM Tar M ae Goua 1..4 ca,�'e'm shoo- 7MatWestern Tar06ua 7*.OFG.WLKalC-p— pey ree - F@P �etl - Faep'Yetl - - WPOR Tluswr a .+wmanaRr�.y¢ xh a war � er °°w "e s .moo-. c a w�aka w .xr yp. a ro eoa® �, Smr o4 Mq��a� b Ow iO/1723 2 12 rrre u+f, M' rrwrs F47 cwrra+en. a"�xZa'kmm AS7YrmCadFuBTre^-__"__ 107880-02-0pt3 3ey'cy-7C�wZau Redhawk Community Park Playground- Project 107880-02-Opt 2 Temecula, CA fw y. T / � r � ,I �•� � Y�1 -. A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Myles@gwpark.com l j GREAT WESTERN R E C R E A T 1 0 N Redhawk Community Park Playground- Project 107880-02-Opt 2 Temecula, CA �~ .......... ..._._,. �1- A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Myles@gwpark.com IF GREAT WESTERN R E C R E A T 1 0 N Redhawk Community Park Playground- Project 107880-02-Opt 2 Temecula, CA A STRONG FOUNDATION IN PLAY FOR OVER 50 YEARS P: (435) 245-5055 / F: 435 245-5057 Myles@gwpark.com 1,:: _ '4 Vftft GREAT WESTERN R E C R E A T 1 0 N EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim. B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CORPORATE RESOLUTION Z Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation. Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable. ��6&dd that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed. Said officer is authorized to act upon this Resolution until written notice of its revocation. GameTime A Division of PlayCore Wisconsin, Inc. C�.�•:�.�Ge�- Clint T. Whiteside. Director of Sales Administration. »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» I, Roger R. Posacki CEO President and Director Chairman of PlayCore Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime - A Division of PiayCore Wisconsin, Inc. to act on behalf of said Corporation. PlayCore Wisconsin, Inc. 544 Chestnut Street Chattanooga, Tennessee 37402 _ __ 1�� I -- Roger . Pa acki, President and CEO STATE OF TENNESSEE COUNTY OF HAMILTON SWORN TO and subscribed before me this 12th day of January, 2023. "'S, [s P Al � H Stacey Grupenha n, Notary P lic U`�� '51 F My commission expires: January 5, 2024 w pTARE ryq�11�'TOt4 C'o rrrr7rlrl14155Lti��[`.y0, '�' lftonE%P�[ PURCHASE AND INSTALLATION AGREEMENT FOR PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING (CALLE ARAGON PARK) THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and PLAYCORE WISCONSIN, INC. DBA GAMETIME, a CORPORATION ("Contractor"). RECITALS A. City desires to engage Contractor to provide and install the following PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING INSTALLATION SERVICES, as more fully described herein ("Project"). B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement. C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor. D. Contractor is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the OMNIA Contract Agreement 2017001134 ("Cooperative Contract") and all applicable provisions are incorporated herein. E. The City is a member of OMNIA (Member no. 1148668) and is authorized to use the Cooperative Contract. F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows: Scope of Work. 1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1- Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available. 1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein. 1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products. 1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period. 2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City. 3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services. 4. Compensation. 4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Seventy -Three Thousand, Seven Hundred Thirty - Six Dollars and Forty -Six Cents ($73,736.46), unless otherwise agreed upon in writing. 4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing. 4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins. 5. Project Mana-ger. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Myles Harvey to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. Type and Installation of Materials/Standard of Care. 7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel. 7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class B, C-61/D34, and C-61/D12 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 855664. 8. Indemnification. 8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way. 8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees. 10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. Prevailing Wages. 12.1 This Agreement calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000015526. 12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract. 15. Natices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows: To the City: To the Contractor: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Stacy Fox Playcore Wisconsin, Inc. dba Gametime PO Box 680121 Fort Payne, AL 35968 Attn: Myles Harvey 16. TERMINATION 16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days. 16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware manufactured or delivered to City site under this Agreement. 17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services. 18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A. 19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent. 21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 22. Miscellaneous Provisions. 22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement. 22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern. 22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California. 22.10 E uuai Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled. 22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above. APPROVED AS TO FORM: CITY OF TEMECULA, a municipal corporation CITY ATTORNEY'S OFFICE Date Date: By: Name: Peter M. Thorson Title: City Attorney ATTEST: Date By - --- Name: Randi Johl Title: City Clerk By: Name:Zak Schwank Title: Mayor_ CONTRACTOR: Playcore Wisconsin, Inc. dba Gametime, a Corporation By: Name: Clin hiteside Title: Director of Sales Administration Date: March 29, 2023 Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements Bond Forms 1rtN ice L-'7-- t/-7 r2 3 Garr>reTime�� A PEA: CORE �Wf EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE GameTme VO Great Western Recreation P.O. Box 680121 Fort Payne, AL 35967 Offoe:435-245-5055 Fax:435-245-5057 www.gnark.com Calle Aragon Park Playground Option 2 12/14/2022 Quote # 107880-WI City of Temecula Ship to Zip 92867 Attn: Stacy Fox 41000 Main Street Temecula, CA 92590 Phone: 951-3085306 stacyfox@temeculaCA.gov A le 1 nit Price Amount i RDU GameTime - Custom 25 Playground- $32.513-00 532,513.00 • Reference Drawing 107880.04-Opt 2 1 5178 GameTime -Welcome Sign (2-5) $713.00 $713.00 2 6232 GameTane - Pod (1'-0') $463.00 $966.00 1 FLOWERS Freenotes Harmony - Freenotes Flowers Inground Ensemble Collection- $5,699.00 $5,699.00 Includes: Indigo, Orange, Turquoise, and Yellow Flowers I INSTALL Turboscape - 30 CY of Engineered Wood Fiber- Blown In - $2,380.00 $2.380.00 Prevailing Wages 1 INSTALL Install - Site Work- $13,620.00 $13,620.00 • Demolremove existing equipment, PIP and concrete sub -base for 615 sglt at 12' depth. • Price based on concrete sub -base in play area as independent from surrounding concrete; change order required if play area sub -base is tied to surrounding concrete • Remove and dispose spoils_ • Prevaiing wages_ • Price includes one (1) move -on only f INSTALL Install -Playground Equipment- $16,310.00 $16.310.00 • Installation only of (1) Gametime Structure #107880-01.0pt2 CA • Installation only of 615 SqR of filter fabric • Footings excavation, and concrete_ • Equipment assembly_ • Removal of spoils_ • Prevaiing wages_ • Price includes one (1) move -on only. Contract. OMNIA #2017001134 Sub Total 572�201.00 Discount ($4,959.00) Freight $3.437-91 Tax 83,056.55 ; rip w aro N�q H 'm D ./i1i. N1 Fq I 1110 e b Colic Aragon Park Playground- Projcct 107880.04.Opt 2 Temecula, CA ��•. tea.= .�� p K 11 ` IF fir•At Y : L J r ORJEAT v:e STERF] A\TROMP•OVNOAT 104 IN P LAY WO R OY!R W Y!A]q , P:-Mid}303T Nrf.ppwp.rs,Aem - �� r Calle Aragon Park Playground- Project 107880.04.Opt 2 Temecula, CA �!: „ •q •re�T �,.}}�.' 4 ',� '�'.. �x,rY !' Yam, F . - d AL Pv .tea 4 �n A ITfOHO POYNUTION IN PLAT FOR WER"YEAR! M1 IA]]} 21}ypy3 1 li A19 ii'NOST Ay{r,�ywp.•s-gem EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, in response to a verified claim. B. City's Right to Revise Requirements. City reserves the right, but only with reasonable cause, at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. Contractor has the right to reject such request if the increase or change is deemed unnecessary or frivolous. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement _Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. CORPORATE RESOLUTION Clint T. Whiteside GameTime Director of Sales Administration, whose signature appears below is hereby authorized on behalf of this Corporation to enter into agreements related to the sale of the company's products, to agree to such terms and conditions as such officer deems advisable and to execute agreements as deemed proper and advisable by such officer in connection the endeavors of the Corporation. Such officer is also authorized to affix the seal of the corporation to any documents which the officer deems proper and advisable. that all acts of such officer previously undertaken in behalf of the Corporation are hereby ratified and affirmed. Said officer is authorized to act upon this Resolution until written notice of its revocation. GameTime A Division of P1ayCore Wisconsin, Inc. C..../-:T&.— Clint T. Whiteside, Director of Sales Administration, »»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»»» I, Roger R. Posacki CEO, President and Director Chairman of Pla Core Wisconsin Inc., a Wisconsin corporation, do hereby certify that the Resolution above is a true copy of a resolution and that the signature appearing above is the genuine signature of the person authorized as Sales Administration Project Manager for GameTime — A Division of P1ayCore Wisconsin, Inc. to act on behalf of said Corporation. PlayCore Wisconsin, Inc. 544 Chestnut Street Chattanooga, Tennessee 37402 s�v Roger . Po aciti, President and CEO STATE OF TENNESSEE COUNTY OF HAMILTON SWORN TO and subscribed before me this 12th day of January, 2023. t� Stacey Grupenhajen, Notary E't lic� ° My commission expires: January 5, 2024 N Y�iaRY 43'r � r'O C� otiArd •"�'Ssion PURCHASE AND INSTALLATION AGREEMENT FOR PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING (LONG CANYON PARK) THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and entered into as of April 25, 2023 ("Effective Date") by and between the City of Temecula, a California municipal corporation ("City"), and LANDSCAPE STRUCTURES, INC., a CORPORATION ("Contractor"). RECITALS A. City desires to engage Contractor to provide and install the following PLAYGROUND EQUIPMENT ENHANCEMENT AND SAFETY SURFACING INSTALLATION SERVICES, as more fully described herein ("Project"). B. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, is familiar with all conditions relevant to the performance of services and is committed to perform all work as required by this Agreement. C. Contractor represents that Contractor is fully qualified, possesses all required licenses and certifications, and has the experience necessary, to perform the work necessary to complete the Project. City selected Contractor for this Project in substantial reliance on such representations by the Contractor. D. Contractor Is a registered dealer of PLAYGROUND AND SAFETY SURFACING and has full access to the equipment and special pricing under the Sourcewell Contract Agreement 010521-LSI ("Cooperative Contract") and all applicable provisions are incorporated herein. E. The City is a member of Sourcewell (Member no. 24002) and is authorized to use the Cooperative Contract. F. City and Contractor enter this Agreement in order to set forth terms and conditions governing each party's performance of thls Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants herein contained, the Parties agree as follows: 1. Scope of Work. 1.1 In consideration of the payment of the purchase price and subject to all the terms and conditions hereof, including applicable provisions of the Cooperative Agreement, Contractor shall provide all tangible items and products, and perform all services, described in the Scope of Services and Fee Schedule attached hereto as Exhibit "A" and incorporated herein by reference ("Products" and "Services", respectively). 2710330 -1- Contractor covenants that: (i) it will perform all Services in a manner commensurate with all applicable, professional standards and degree of skill and care; and (ii) all Products will be new and of the highest quality available. 1.2 Contractor shall perform all work set forth in Exhibit A, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary to complete the Project as required herein. 1.3 The Products shall be delivered to the location designated in writing by the City. Title to and the risk of loss, damage, and destruction of the Products shall remain with the Contractor until inspection and acceptance of the Products by City. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products. 1.4 If the total Contract amount exceeds $25,000, then Contractor shall provide a payment bond in an amount equal to 100% of the Contract price. If required by the City prior to commencing work, Contractor shall provide a performance bond in an amount equal to 100% of the Contract price. The bond forms required to be executed are attached hereto and incorporated by reference herein. The performance bond, if required, shall remain in force until written acceptance of the Work and the end of the one (1) year warranty period. 2. Time of Performance. Time is of the essence in the performance of the Services and Contractor shall complete the Project installation, implementation and acceptance testing within the times set forth in Exhibit A. The failure by Contractor to meet this schedule may result in termination of this Agreement by City. 3. Term. Unless earlier terminated in accordance with Section 18 of this Agreement, this Agreement shall continue in full force and effect until satisfactory completion of the Services. 4. Compensation. 4.1 City shall pay Contractor for the Services on a fixed fee, not -to -exceed basis, in accordance with the provisions of this Section and Exhibit A. Contractor's total and complete compensation for all Services satisfactorily performed and Products properly provided, shall not exceed Four Hundred Thirty -Eight Thousand, Forty - Seven Dollars and Sixty -Eight Cents ($438,047.68), unless otherwise agreed upon in writing. 4.2 Contractor shall submit invoices to City describing the Services performed and/or the specific task in the Scope of Services to which it relates, and the date the Services were performed. City shall pay Contractor no later than thirty (30) calendar days after City approval of the invoice. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit A to this Agreement or specifically approved in writing in advance by City. 4.4 Contractor shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary when this Agreement was executed. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit A, or otherwise as agreed upon in writing. 4.5 Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum fourteen (14) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. The City shall complete any required site preparation prior to the date installation of the Products begins. 5. Project Manager. Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the term of the Agreement. Contractor has designated Elaine Harkess to be its Project Manager. Contractor shall not remove or reassign the Project Manager without the prior written consent of City. City's approval shall not be unreasonably withheld. 6. Administration. This Agreement will be administered by the City Manager or designee, who shall be the Project Administrator and shall have the authority to act for City under this Agreement. 7. Type and Installation of Materials/Standard of Care. 7.1 Contractor shall use only the only materials and Products described in Exhibit A in performing the Services. Any deviation from the materials or Products described in Exhibit A shall not be permitted unless approved in advance in writing by the Project Administrator. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with industry -wide professional standards. All Services shall be performed by qualified and experienced personnel. 7.3 At all times during the term of this Agreement, Contractor shall possess a valid and current Class A, B, C-61012, C-61034 California Contractor's License to perform the work. Contractor hereby certifies that it holds the required license(s), License No. 840892. 8. Indemnification. 8.1 To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' passive negligence, except for Liabilities arising from the active or sole negligence or willful misconduct of the Indemnitees, as determined by judicial decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. Upon completion of the installation, this indemnification is not intended to cover, and the Contractor is not responsible for, any damages resulting from any lack of maintenance; inadequate supervision; negligence; intentional acts of anyone other than the Contractor or their affiliates; inadequate surfacing; or vandalism. Regarding product liability, this indemnification and any insurance provided by Contractor is intended to indemnify for claims arising solely from the negligent design or manufacture of the Playground Equipment. This clarification of the indemnification section of this contract supersedes any other section of this contract, regarding indemnification, which might be interpreted in any other way. 8.2 For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is charged to Contractor, exceed Contractor's proportionate percentage of fault. 8.3 Contractor shall perform all Project work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Contractor shall perform work as specified in Exhibit A to limit impacts to traffic during the installation period. Contractor shall be liable for any private or public property damaged during the performance of the Project work. 8.4 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. Independent Contractor. City has retained Contractor as an independent contractor and neither Contractor nor its employees, nor any of its subcontractors, are to be considered employees of the City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service statutes or other right of employment shall accrue to Contractor or its employees. 10. Cooperation. Contractor agrees to work closely and cooperate fully with City's Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 11. Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit B, and incorporated herein by reference. 12. Prevailing Wages. 12.1 This Agreement calls for work to be performed constituting public works. Contractor and all subcontractors shall pay the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Article 2 of Chapter 1 of Part 7, of Division 2 of the California Labor Code, including, but not limited to, Sections 1770, 1771, 1773, 1773.2 and 1774. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)] If the Agreement price exceeds $25,000, Contractor shall be registered with DIR. Unless exempt, Contractor's DIR Registration number is 1000007542. 12.2 Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 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, not more than $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 this Agreement. Pursuant to Labor Code Section 1771.4, the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. 12.3 Contractor's attention is directed to the provisions in Sections 1774, 1775, 1776, 1777.5 and 1777.6 of the Labor Code. Contractor shall comply with the requirements of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and hours laws will be enforced. Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. Eight hours' labor constitutes a legal day's work, as set forth in Labor Code Section 1810. The statutory provisions for penalties for failure to comply with the State's wage and hour laws will be enforced as set forth in Labor Code Section 1813. 13. Subcontracting. The subcontractors authorized by City, if any, to perform work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 14. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Contract or within twelve (12) months after completion of the work under this Contract wherein Contractor is or may likely become "financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Contract. 15. Notices. All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed as follows: To the City: City of Temecula 41000 Main St. Temecula, CA 92590 Attention: Stacy Fox To the Contractor: Landscape Structures, Inc. 601 71h Street South Delano, MN 55328 Attn: Elaine Harkess 16. Termination 16.1 Termination with Cause. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of five (5) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. In the event that the default cannot be cured within five (5) days, no such failure will be deemed to exist if the defaulting party has given the non -defaulting party adequate assurance of due performance and commenced to cure such default within such period, such cure efforts are prosecuted to completion with reasonable diligence, and in any event are completed with thirty (30) days. 16.2 Termination Without Cause. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred in the performance of such Services up to the effective date of termination for which Contractor has not previously been paid. In the event of termination under this Section, City shall also pay Contractor for all Products, associated materials, and hardware delivered to City site under this Agreement that City deems usable. 17. Contractor's Knowledge of Conditions. By executing this Agreement, Contractor warrants that Contractor has visited or has been provided the opportunity to visit the Project site(s), has become familiar with the local conditions under which the work is to be performed, and has taken into consideration these factors in submitting its Project proposal and Scope of Services. 18. Warranty. For all Products provided to the City as part of this Agreement, Contractor warrants as follows: Contractor possesses good title to the Products and the right to transfer ownership of the Products to the City; the product shall be delivered to the City free from any security interest or other lien; the Products meet all specifications contained herein and are fit for their intended purpose(s); and, the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit A. 19. Representations. Each party represents as follows: (a) that it has full power and authority to execute, deliver and perform its obligations under this Agreement; (b) that there are no actions, proceedings or investigations, pending or, to the best of each party's knowledge, threatened against such party which may in any manner whatsoever materially affect the enforceability of this Agreement or the rights, duties and obligations of the parties hereunder; and (c) that the execution, delivery and performance of this Agreement will not constitute a breach or default under any agreement, law or court order under which such party is a party or may be bound or affected by or which may affect the rights, duties and obligations hereunder. 20. Assignment. Contractor may not assign or transfer this Agreement without the City's prior, written consent. 21. Force Majeure. Neither party shall be responsible for delays in performance caused by unforeseeable events beyond the control and without the fault or negligence of the parties, including but not limited to acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, and/or freight embargoes. Contractor's lack of funding for any reason shall not be a force majeure. If Contractor claims force majeure, City shall ascertain the facts and extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City such delay is justified. In no event shall Contractor be entitled to recover damages against City for any delay in performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 22. Miscellaneous Provisions. 22.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 22.2 Compliance with all Laws. Contractor shall at its sole cost and expense comply with all applicable statutes, ordinances, codes, and regulations throughout the term of this Agreement. 22.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 22.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 22.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments or exhibits hereto, the terms of this Agreement shall govern. 22.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 22.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 22.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Riverside, State of California. 22.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 22.11 Attorneys' Fees. In any litigation or other proceeding by which a party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be entitled to recover all attorneys' fees, experts' fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that party may be entitled. 22.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Name: Peter M. Thorson Title: City Attorney �. ATTEST: Date: By: Name: RandiJohl Title: City Clerk CITY OF TEMECULA, a municipal corporation Date: By: Name:Zak Schwank Title: Mayor CONTRACTOR: Landscape Structures, Inc., a Corporation By. Name: at Fa st Title: President Date: 3 z3®l z 3 By: Name: Fred Caslavka Title: CFO Date: Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Insurance Requirements Bond Forms IF v- q/�olz3 1�_ landscape structures EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE PROPOSAL ALL PURCHASE ORDERS, CONTRACTS, AND CHECKS TO BE MADE OUT TO: LANDSCAPE STRUCTURES, INC 601 7TH STREET SOUTH DELANO, MN 55328 U.S"A" 763-972-3391 800-328-0035 C--- 709 e7n 440C I.IID IV IIICI IIIIUI IIIU CONTACT: UU[I Stacy Fox PHONE FAX: emuL SHIP TO= City of Temecula Maintenance Kitlinfo ? BILL TO: City of Temecula Sourcewell Contract No. 010521-LSI Destination F"O"B" FREIGHT C Prepaid ❑ Collect Net 30 days upon credit approv deposit nlac be required TERMS (Subject To Credit Approval By LSI) Anorox 24 weeks SHIPPING TIME Pricing Good for 60 days from Date of Proposal We are pleased to submit this proposal to supply the following items: QTY ITEM NO- DESCRIPTION UNIT w UNIT PRICE WEIGHT EXTENDED AMT LONG CANYON PARK 1 1168295.01.01 LSI PlayBooster materials 180.642.00 $ 180,642.00 1 Labor Security fencing 3,763.00 $ 3,763.00 1 Labor Demo/disposal existing play,PIP,conc 33,09900 $ 33,09900 1 Labor Demo/disposal existing sand 43,47800 $ 43,478.00 1 Labor Install LSI Playground Equipment 86,00100 $ 86,00100 1 Labor Providelnst ADA ramps and conc for PIP 23,89900 $ 23,899.00 1 Labor Providefinst PIP 282 SF, 3-5" thick 17,89600 S 17,896.00 100% color, aliphatic binder 1 Labor Providelinst 300 yds of EWF 20,60000 $ 20,60000 NOTE Site has standing water, drainage work is recom. Additional $2500 per drain Pricing based on Design 1168295-01-02 Standard Terms and Conditions for Installation Apply SIGN-ITURE BELOFF-ACCEPTLNG THIS PROPOSAL 117LL COIMSFITCTTEA PURCIWE Toral wei0hT - ORDER OINZl'UPO.VAPPROiALBYL4NDSC,1PESIRLTCTCRE.S,INCCUSTOMER SUBTOTAL MATERIALS $ 180642-00 RECEIPTOF,iNORDERACE1'ODZEDGEMENTCONSMIU,FESSUCHAPPROV4L MATERIALS DISCOUNT $ 14 451.00 LABORIINSTALL $ 228 736.00 ACCEPTED BY CUSTOMER DATE FREIGHT non taxed $ 15 820-00 PRINT NAME 1.16.23 SALES TAX $ 14,54168 PROPOSED BY LSI REPRESENTATIVE DATE 3% PERFORMANCE BOND Labor only - Non Taxed $12 759.00 $ 438.047.68 Steve Hunt, Coast Recreation Sales Representative TOTAL PRINT NAME Jb6-, Long Canyon Park p landscope FFfFFwrnW iN[ structures 1160291-01-02-02 - 01 132023 EXHIBIT B INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Services, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. Excepting professional liability insurance, all insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. B. Additional Insured Status. Commercial general and auto liability policies shall provide or be endorsed to provide that City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency and their officers, officials, employees, agents, and volunteers shall be named as additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. C. Primary and Non Contributory. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured. D. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to Contractor, the City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self -insured Retentions. Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self -insured retentions be eliminated, lowered, or replaced by acceptable security. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, provisions, and warranties in the Contract and any alteration thereof made as therein provided, on the Principal's part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under 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. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Bond No. PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Temecula ("City"), State of California, has awarded to ("Principal") (Name and address of Contractor) a contract (the "Contract") for the Work described as follows: (Project name) WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code. NOW, THEREFORE, we, the undersigned Principal, and (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of _ Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: "Principal" By: Its By: Its (Seal) "Surety" By: Its By: Its (Seal) Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in -fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 25, 2023 SUBJECT: Approve Second Amendment to Agreement with CASC Engineering and Consulting, for NPDES Commercial and Industrial Inspections PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant RECOMMENDATION: That the City Council approve the second amendment to the agreement with CASC Engineering and Consulting, for NPDES Commercial and Industrial Inspections, to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $60,000, for a total agreement amount of $119,970. BACKGROUND: On June 3, 2021, the Director of Public Works approved an Agreement with CASC Engineering and Consulting, Inc., in the amount of $59,970. On July 1, 2022, the Director of Public Works approved the First Amendment to the Agreement to extend the term of the Agreement to June 30, 2023. The City of Temecula has over 3000 commercial and industrial facilities; 5% are categorized as high priority, requiring inspections once per year, and 95% are categorized as low priority, each requiring an inspection once per permit term, and which are subdivided in various zones throughout the city. CASC has provided the commercial and industrial inspections, and database management services for the past two years, and the Second Amendment will provide for the continuation of these services, and assist the city with meeting compliance requirements in accordance with the MS4 Permit. We therefore recommend the approval of the Second Amendment with CASC Engineering and Consulting. FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget for Fiscal Years 2022-24 within the NPDES Division of the Public Works Department. ATTACHMENTS: Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CASC ENGINEERING & CONSULTING, INC. NPDES COMMERCIAL AND INDUSTRIAL INSPECTIONS (Agreement 2021-106) THIS SECOND AMENDMENT is made and entered into as of April 25, 2023 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and CASC Engineering & 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 June 3, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for NPDES Commercial and Industrial Inspections, in the amount of $59,970. b. On July 1, 2022, the City and Consultant extended the term of the Agreement to June 30, 2023. C. The parties now desire to increase the Payment in the amount of Sixty Thousand Dollars and Zero Cents ($60,000), extend the term of the Agreement to June 30, 2024, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2024, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" 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 One Hundred Nineteen Thousand Nine -Hundred Dollars and Zero Cents ($119,970) for the total term of this agreement, unless additional payment is approved as provided in this agreement. 4. Exhibit B of the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. 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 CASC Engineering & 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: By: 4D /,/ -/ Zak Schwank, Mayor Richard Sido , P.E., . President/CFO ATTEST: By: Randi Johl, City Clerk By: '7�h�( 2 // Michelle E. Furlong, Secw4ary/Treasurer By: Peter M. Thorson, City Attorney CONSULTANT CASC Engineerq 8i Consulting, Inc. Attn: Jeff Endicott, Engineering Manager 1470 E. Cooley Drive Colton, CA 92324-3933 (855) 383-0101 x. 5380 (toll free) (909) 835-7537 (cell) jendicott@cascinc.com City Purchasing Mgr. Initials a Date: /11 L 08/09/2021 ATTACHMENT A Payment Rates and Schedule The pay rate schedule provided as a part of Exhibit B for Agreement 2021-106 is to be amended to reflect the additional inspection services, below. Attached hereto and incorporated herein as though set forth in full but not to exceed a total cost of services of $119,970 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of the Agreement. 08/09/2021 8nuinoerii7u nnrf f'onr Irinx March 9, 2023 1470 E. Cooley Drive Colton, CA 92324 Office: 909.783.0101 Foac 909.783.0108 Julie Tarrant Principal Management Analyst, City of Temecula 11000 Main Street Temecula, CA 92 59 0 Subject: Proposal for Amendment 2 to Contract 2021-106 NPDES Commercial and Industrial Inspections - Dear Ms. Tarrant, Casc Engineering and Consulting {Casc) is submitting this proposal to address the M54 Permit requirements for the 2022-2024 fiscal Years. The city has over 3000 facilities. $%are categorized as high priority, rewiring inspections once a year. 95%are categorized as low priority, requiring an inspection once per Permit term_ The low priority facilities were subdivided into 5 inspection zones: zones 1 and 2 were inspected during FY 2018-2019 on contract #19-117 and FY 2019-2020 on contract #19-192, zone 3 was inspected FY 21-22 on contract #2021-106. . 14 n laFcs. 1 VHR.i N!F!•�! .I .0 1 e f !I R 77 }1 r + f y SpOnts r` 7e'.y L un7 � No d tl of low NlorRy + .+ xe� iae�pllli �w�µtpd - nb�e� i 555 t 5 Y79 595 Amendment I extended the Term of the agreement to include FY 2022-23 and updated the Rate Schedule. This Amendment 2 will extend the Term of the agreement to include FY 2023-2024 and add funds to perform work for the 2022-24 Fiscal Years- 4 08/09/2021 City of Temecula March 9, 2023 Page 2 Scope of Services Task i--NPDES Inspection Service; Commercial and Industrial Inspection to be conducted during the 2022-2024 Fiscal Years: Low Priority Businesses Zone 4 and Zone 5— Casc shall conduct "drive -by" commercial and industrial inspections of low- priority businesses in the City_ Inspections shall be conducted per Section 8.4.5 of the JRMP_ If an inspector observes compliance issues during a drive -by inspection, an on site inspection will be triggered and performed per Section 8.4.4 of the JRMP. All drive -by inspections will be completed using the Cites application or paper forms. High Priority Businesses FY 22-24- Casc shall continue to conduct annual routine commercial and Industrial inspections of all high priority businesses in the City's inventory. For these businesses, onsite inspections shall be conducted per Section 8.4.4 of the JRMP. For formal inspections, the inspection information will be completed using the City's application or paper forms_ Failed inspections will be emailed to the facility owner_ Task 2 —Additional Inspection Services The City has 47 Residential Management Areas (RMAs) that require drive -by assessments During FY 2022-24 Casc shal I complete the remaining 2 drive -by assessments per Section 9.4.4 of the JRMP_ CAS C shall continue to document all RMAs using the Excel spreadsheet developed with the City. Task 3--Database Support and Pro!ect Management. Casc will continue to provide database support and annual reporting numbers for FY 22-24. Additional Services - The City has identified additional services that may be potentially needed: updates to the master inspection inventory, on -call ICID investigations and lab assistance, compliance with SB205 and obtaining/verifying S1C codes, and limited assistance with the development of new inspection applications_ These services are not included in this proposal. If desired at a future date Casc will be pleased to provide an estimate. Best regards, Ge tf� ODdC rl� ce de, CPESC, QSD/P, CUSP casc Engineering and Consulting, Inc. Environmental Program Manager 08/09/2021 City of Temecula March 9, 2023 Page 3 Payment Rates and Schedule Total cost of services shall not exceed $119,970.00. Task 1— Commercial and Industrial Inspections Task 2 —Additional Inspection Services Task 3 — Database Support and Project Management Estimated Total Not to Emceed Total FY 2021-2022 $39,414-00 $5,600.01) $14,956-00 $59,970.00 $119,970.00 FY 2022-24 $53,840-00 $1,160.00 $5,000-00 $60,000.00 08/09/2021 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for the Citywide Slurry Seal Program — Fiscal Year 2021-22, PW22-02 PREPARED BY: Amer Attar, Engineering Manager Ryan Castillo, Supervising Public Works Inspector RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Slurry Seal Program —Fiscal Year 2021- 22, PW22-02, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On July 26, 2022, the City Council awarded a construction contract to American Asphalt South, Inc. in the amount of $2,228,230.45 and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $222,823, to complete the Citywide Slurry Seal Program — Fiscal Year 2021-22, PW22-02 project. The Citywide Slurry Seal Program - Fiscal Year 2021-22 is an annual project that will utilize slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Construction involved roadway preparation by removal of existing striping and pavement markings, cleaning the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. This project consisted of slurry sealing over eight million square feet of residential roadway at designated locations. The slurry seal for this year covered the Paloma Del Sol, Paseo Del Sol, and Rancho Vista Estates areas. American Asphalt South, Inc. has completed the work in accordance with the approved specifications to the satisfaction of the Director of Public Works/City Engineer. All work will be warranted for a period of one year from March 9, 2023, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base amount of the construction contract was $2,228,230.45, four construction contract change orders were issued totaling $176,064.34. The actual quantity of slurry seal installed, as measured in the field, was less than the estimated amount in the contract, providing a cost savings of $149,050.63. This resulted in a total construction cost of $2,255,244.16. FISCAL IMPACT: There is no fiscal impact associated with accepting the project and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South Inc. 19792 El Rivino Road, Riverside, CA 92509 to perform the following work of improvement: CITYWIDE SLURRY SEAL PROGRAM -FISCAL YEAR 2021-22 Project No. PW22-02 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 25, 2023. That upon said contract the Everest Reinsurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: CITYWIDE SLURRY SEAL PROGRAM -FISCAL YEAR 2021-22 Project No. PW22-02 6. The location of said property is: Paloma Del Sol, Paseo Del Sol, Rancho Vista Estates, Temecula, California. Dated at Temecula, California, this 25' day of April, 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 25th day of April, 2023. City of Temecula Randi Johl, City Clerk 2022-166 SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: Citywide Slurry Seal FY21/22, PW22-02 CONTRACTOR: American Asphalt South SURETY BOND TYPE BOND NUMBER BOND AMOUNT Everest Reinsurance Company Maintenance ES00012049 $225,524.42 The surety company is ® is not ❑ an admitted company in the State of California: ■ Financial Strength Rating: A+ / XV ■ A.M. Best #: 003519 ■ NAIC M 26921 ■ CA Company ID #: 2259-0 Insurance Verified By: Risk Management Division Approved As to Form: Peter M. Thorson, City Attorney 03/27/2023 Date Date NOTES: NOC scheduled for the 4125123 City Council Meeting ;.Oaa.—t(.e(0 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. ES00012049 MAINTENANCE BOND for CITYWIDE SLURRY SEAL PROGRAM -FISCAL YEAR 2021-22 PROJECT NO. PW22-02 KNOW ALL PERSONS BY THESE PRESENT THAT American Asphalt South Inc. 19792 El Rivino road, Riverside. CA 92509 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Everest Reinsurance Company, 100 Everest Way, Warren Corporate Center, Warren, NJ 07059 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Two Hundred Twenty Five Thousand Five Hundred Twenty Four DOLLARS AND Forty Two CENTS ($_225,524.42) 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 _26_ day of _July_, 2022_, a copy of which is hereto attached and made a part hereof for the construction of CITYWIDE SLURRY SEAL PROGRAM -FISCAL YEAR 2021-22, PROJECT NO. PW22-02. 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 9th day of March , 20 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications Signed and sealed this 22nd day of March , 20 23 . (Seal) SURETY: Everest Reinsurange Company By: „ Sharon Smith (Name) Attorney -In -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: American Asphalt South, Inc. By: JeW +� (Name) &'51 � (Title) A By_ (Name) SeCre (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. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Bernardino On March 23, 2023 before me, Rosa Maria Arteaga- Notary (insert name and title of the officer) personally appeared Jeff Petty and Tim Griffin , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that #ek, a/they executed the same in #+eE#ef/their authorized capacity(ies), and that by 4Whef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. •rr*r..r�Re.ef�M r�+re�.w�.w�,r�■►��/A+�+�*+rrw+rr�ww i l� IMfARIA ARTMA N WITNESS my hand and official seal. COMM #2372221 NOV" wruc - cwuFa+" r � �� ■a.ta• ■�rr►r.rra...rrrrrt►rrrtiaRrrr*� re f10-"r /"Izn ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento ) On March 22, 2023 before me, Kathleen Le, Notary Public, (insert name and title of the officer) personally appeared Sharon Smith who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/mw subscribed to the within instrument and acknowledged to me that bey/she/thegxexecuted the same in ibds/her/theaxauthorized capacity(, and that by iaWher/Ow*signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 9. p� COMlEpLE a Y. �CODUNYTY OF PUBLSACRRAAMEENNTTOOU Y.' �µ Comm, Expires OCT 31. 2025 ji Signature_ (Seal) IAw ZVE R F.SN POWER OF ATTORNEY EVEREST REINSURANCE COMPANY DELAWARE KNOW ALL PERSONS BY THESE PRESENTS: That Everest Reinsurance Company, a corporation of the State of Delaware ("Company") having its principal office located at 477 Martinsville Road, Liberty Corner, New Jersey 07938, do hereby nominate, constitute, and appoint: Elizabeth Collodi, John Hopkins, John J. Weber Joseph H. VV ber, Renee Ramsey, Sara Waf iser, Mindy Whitehouse, Jennifer Lak nann, Deanna Quintero Biil Rapp, Jason March, Matthew Foster, Tony Carty Knstke Phillipsy Claudine Gorobm Michael K Feeney, Samantha Watkins, Phil Watkins, Brad Espinosa, Paula Senna, Pam Sey, Breanna BoatrighS Kathleen Le, Sharon S►nfth, and Kevin Scofield its true and lawful Attomey(s)-in-fact to make, execute, attest, seal and deliver for and on its behalf, as surety, and as its act and deed, where required, any and all bonds and undertakings in the nature thereof, for the penal sum of no one of which is in any event to exceed UNLIMITED, reserving for itself the full power of substitution and revocation Such bonds and undertakings, when duly executed by the aforesaid Attorney(s)-in-fact shall be binding upon the Company as fully and to the same extent as if such bonds and undertakings were signed by the President and Secretary of the Company and sealed with its corporate seal This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Board of Directors of Company ("Board") on the 28th day of July 2016: RESOLVED, that the President, any Executive Vice President, and any Senior Vice President and Anthony Romano are hereby appointed by the Board as authorized to make, execute, seal and deliver for and on behalf of the Company, any and all bonds, undertakings, contracts or obligations in surety or co -surety with others and that the Secretary or any Assistant Secretary of the Company be and that each of them hereby is authorized to attest to the execution of any such bonds, undertakings, contracts or obligations in surety or co -surety and attach thereto the corporate seal of the Company RESOLVED, FURTHER, that the President, any Executive Vice President and any Senior Vice President and Anthony Romano are hereby authorized to execute powers of attorney qualifying the attorney named in the given power of attorney to execute, on behalf of the Company, bonds and undertakings in surety or co -surety with others, and that the Secretary or any Assistant Secretary of the Company be, and that each of them is hereby authorized to attest the execution of any such power of attorney, and to attach thereto the corporate seal of the Company. RESOLVED, FURTHER, that the signature of such officers named in the preceding resolutions and the corporate seal of the Company may be affixed to such powers of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be thereafter valid and binding upon the Company with respect to any bond, undertaking, contract or obligation in surety or co -surety with others to which it is attached IN WITNESS WHEREOF, Everest Reinsurance Company has caused their corporate seals to be affixed hereto, and these presents to be signed by their duly authorized officers this 28th day of July 2016 Everest Reinsurance Company 044AW00 13 Attest: Nicole Chase, Assistant Secretary By: Anthony Romano, Vice President On this 28th day of July 2016, before me personally came Anthony Romano, known to me, who, being duly swom, did execute the above instrument; that he knows the seal of said Company; that the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto; and that he executed said instrument by like order LINDA ROBINS Notary Public, State of New York No 01 Qualified in Queens Queens County Term Expires April 25, 2023 Linda Robins, Notary Public IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company, at the Liberty Corner, this 22nd day of. March 2023 ES 00 01 04 16 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for CITYWIDE SLURRY SEAL PROGRAM FY2021/22 PROJECT NO. PW22-02 This is to certify that American Asphalt South Inc., (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as Citywide Slurry Seal Program FY2021/22, PROJECT NO. PW22-02, situated in the City of Temecula, State of California, more particularly described as follows: Paloma Del Sal, Paseo Del Sol and Rancho Vista Estates- Temecula California ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated. Z 2 -Z 3 By: — (;AIK Si ure J.ff edA Print Name and'title Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: April 25, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for Sidewalks — DLR Drive Project, PW19-18 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer Shawna Bennetts, Associate Civil Engineer RECOMMENDATION: That the City Council: 1. Accept the improvements for the Sidewalks — DLR Drive Project, PW19-18, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On June 14, 2022, the City Council awarded a construction contract to LC Paving & Sealing, Inc., in the amount of $183,037.47, and authorized the City Manager to approve construction contract change orders up to $18,303.75, to construct the Sidewalks — DLR Drive Project, PW19-18 (Project). The completed Project includes new sidewalk on the north side of northerly leg and the west side of DLR Drive. The work also includes ADA-compliant driveways, landscaping removal and replacement, and utility adjustments. LC Paving & Sealing 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 August 23, 2022, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The final contract amount is $173,618.04, which includes the original contract amount of $183,037.47, a net reduction of $12,179.69 based on a balancing of actual contract item quantities, and one contract change order totaling $2,760.26. FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing of the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to LC Paving & Sealing, Inc., 620 Alpine Way, Escondido, CA 92029 to perform the following work of improvement: Sidewalks — DLR Drive Project, PW19-18 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on April 25, 2023. That upon said contract the Argonaut Insurance Company, c/o CMGIA, 20335 Ventura Blvd., Ste. 426, Woodland Hills, CA 91364 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: Sidewalks — DLR Drive Project, PW19-18 6. The location of said property is: North side of northerly leg and the West side of DLR Drive. Dated at Temecula, California, this 25t" day of April, 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 25th day of April, 2023. City of Temecula Randi Johl, City Clerk #2022-120 SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: I Sidewalks — DLR Drive, PW19-18 CONTRACTOR: I L.C. Paving, Inc. SURETY BOND TYPE BOND NUMBER BOND AMOUNT Argonaut Insurance Company c/o CMGIA Maintenance CMGP00005788 $173,618.04 The surety company is ® is not ❑ an admitted company in the State of California: ■ Financial Strength Rating: A- XIII ■ A.M. Best #: 002056 ■ NAIC M 19801 ■ CA Company ID #: 1523-0 Insurance Verified By: Risk Management Division Approved As to Form: Peter M. Thorson, City Attorney NOTES: • Sole Signature Corporate Docs attached. 03/10/2023 Date Date BOND NO. CMGP00005788 MAINTENANCE BOND for SIDEWALKS - DLR DRIVE PROJECT NO. PW19-18 KNOW ALL PERSONS BY THESE PRESENT THAT LC Paving & Sealing, Inc. 620 Alpine Way, Escondido, CA 92029 NAME AND ADDRESS OF CONTRACTOR a Corporation (fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and Argonaut Insurance Company, c/o CMGIA, 20335 Ventura Blvd., Ste 426, Woodland Hills, CA 91364 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum ofone Hundred Seventy Three Thousand six Hundred EighteenDOLLARS AND 041100 CENTS ($ 173,618.04 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 14th day of June , 20 22 , a copy of which is hereto attached and made a part hereof for the construction of SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18. 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 23rd day of Angust 20 22 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 2nd (Seal) SURETY:Argo ut Insurance Company By: Christopher Coronel (Name) Attorney -In -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney day of March 12023 PRINCIPAL: LC ay. g & Sealing, Inc. By: 5�2 ';zA L4 ruts am e) ?feQ (Title) By: (Name) (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On �, IL before me. personally appeared Jose A. Salinas Marisa Haas, Notary Public (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARISA ANN HAAS WITNESS my hand and offci I seal alam Notary Public -CaliforniaSan Diego County COmmissla, # 2306519 y Comm. Expires Sep 24, 2023 Signature Y I (Seal) POWER OF ATTORNEY FOR COREPOINTE INSURANCE COMPANY DEVELOPERS SURETY AND INDEMNITY COMPANY 59 Maiden Lane, 43rd Floor, New York, NY 10038 (212)220-7120 KNOW ALL BY TIIESE PRESENTS that, except as expressly limited herein, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY ANDINDEMNITY COMPANY. do hereby make, constitute and appoint: Gabriella Grady, Stephanie Hope Shear, Elizabeth Santos, Stacey Garcia and Christopher Coronel , of Woodland Hills, CA as its true and lawful Attorney, to make, execute, deliver and acknowledge, for and on behalf of said companies, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey-in-Fact full power and authority to do and to p&fiorm every act necessity, requisite or proper to be done in connection therewith as each of said company could do, but reserving to each of said curapany full power of substitution and revocation, and all of the acts of said Attorney -in -Fact, pursuant to these presents, are hereby ratified and confirmed This Power of Attorney is effective March 2 2023 _ _ _ and shall expire on December 31, 2025. This Power of Attorney is granted and is signed under and by authority of the following resolutions adopted by the Board of Directors of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on November 3, 2022. RESOLVED, that Sam Zaza, Senior Vice Pmsident_ Sure nderwritine• �gm��Bell ice d<yr S�r,ty[ndLrai[irtg�_and Crai> t7awson, 4tlLlviJrit fit, Sltret�, each an employee of AmTrust North America, Inc., an affiliate of the Company (the 'Authorized Signore),= hereby authorized to execute a Power of Attorney, qualifying attomey(s)-in-fact named in the Power of Attorney to execute, on behalf of the Company, bonds, undertakings and contracts of suretyship, or other suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney. RESOLVED. that the signatum of any on of the Authorized Signu rs and the Secretary or any Assistant Secretary of the Company, and the seal of the Company must be affixed ivany such PowerofAttorncy, and any such signature or seal may be affixed by facsimile, and such Powerof Attorney shall be valid and binding upon the Company when so affixed and in the Future with n speet to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY have caused these presents to be signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this December 5, 2022. `tttttttrtttty�■ atztrNttttr�� SUAND /41 a .SEAL 1936 �lV Printed Name Sam Zaza �Ov ••tAWA0•• S5'••;¢4I170R�: 1 n1c Senior Vice President, Surety ■'►■■.r.+t, * ►`,, ■'■ a ff * ``00 STATE OF California COUNTY OF On thr;54 Jay of 20 9--,before me, �Cx � - VAIAJ06(�' personally appeared Sam Zaza who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that they executed the same in their authorized capacity, and that by the signature on the instrument the entities upon behalf which the person acted, executed this instrument, I certify, under penalty of perjury, under the laws of fire State of Catifomia WITNESS my hand and official seat. Signaturef that the foregoing paragraph is true and correct. CORPORATE CERTIFICATION DRKE J. KAWJkTA Notary Public • California - Orange County Commission A 2284027 • my Comm. Expires Apr 28, 2023 The undersigned, the Secretary or Assistant Secretary of COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in this Power of Attorney are in force as of the date of this Certification. This Certification is executed in the City of Cleveland. Ohio, this 22 day of November. 2022. —DocuSigned by: �taYYt� k kbst s By: _ _ 58Mt4sE7At}E5%q — Barry W Moses. Assistant Secretary POA No. Ed 1122 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On MAR 0 2 2023 before me, Date Lucas Patterson, Notary Public Here Insert Name and Title of the Officer personally appeared Christopher Coronel Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. 4ky LUCAS PATTERSON Notary Public • California 7,Los Angeles County Signature Commission # 2352264 Comm. Expires Mar 19, 2025 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gen�act ❑ Individual ❑ Attorne ❑ Trustee ❑ G ian or Conservator ❑ Other: Signer Is esenting: signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 dp.1;t- /ZO CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for SIDEWALKS - DLR DRIVE PROJECT NO. PW19-18 This is to certify that L.C. PAVING & SEALING, INC. (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18, situated in the City of Temecula, State of California, more particularly described as follows: DLR Drive - Temecula, CA ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description None Dollar 1lm01.1111 to Di mute Zero Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: 03/23/2023 By, ?attlrc� Jose k.salinas President Print Name and Title Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023 SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Community Recreation Center Splash Pad & Shade Structure Project, PW21-07 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center Splash Pad & Shade Structure Project, PW21-07; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. BACKGROUND: The Community Recreation Center Splash Pad & Shade Structure Project, (Project) is an infrastructure project that will include the conversion of the existing kiddie pool into a splash pad and the addition of shade structures. 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 office of the Director of Public Works. The Engineer's estimate of construction cost is $1,102,000 and estimate of construction duration is 120 working days (approximately 6 months). This project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15302, Replacement or Reconstruction, of the CEQA Guidelines. Section 15302 states that replacement of existing facilities and structures that will have substantially the same purpose and capacity as the legacy structure are exempt from CEQA. FISCAL IMPACT: The Community Recreation Center Splash Pad & Shade Structure Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027 and is funded with Measure S. Adequate funds are expected to be available in the project accounts with the adoption of FY 2024-28 CIP budget. ATTACHMENTS: 1. Project Description 2. Project Location 3. Rendering f �l ANk The ldear! of Sauihern Ca3i{arnia Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program COMMUNITY RECREATION CENTER SPLASH PAD & SHADE STRUCTURES Parks/Recreation Project Project Description: This project provides for the conversion of the CRC's kiddie pool into a splash pad, and the addition of shade structures throughout the pool area. Benefit: This project will provide City residents an additional splash pad for enhanced recreational opportunities. Core Value: Healthy and Livable City Project Status: Project design will commence in Fiscal Year2021-22. Department: Public Works - Account No. 210.290.999.205 / PW21-07 Level: I 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 100,000 100,000 Construction 700,000 700,000 Design & Environmental 98,448 201,552 300,000 Total Expenditures 98,448 1,001,552 1,100,000 Source of Funds: Measure 5 I 100,0001 1,000,000 I 1,100,000 Total Funding 1 100,0001 1,000,000 - -1 1,100,000 Future Operating & Maintenance Costs: Total Operating Costs `wa 4 a "qb n 188.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site an( is for reference only. Data layers that appear on this map may or may not bf WGS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable 3 Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION OF TENjtG G L~ Loo 1989 Legend City of Temecula Boundary Parcels Street Names Highways HWY d INTERCHANGE . INTERSTATE OFFRAMP ONRAMP . USHWY Creeks Cities Streets <Null> PAVED -- PROPOSED -- UNPAVED Notes Community Recreation Center Splash Pad and Shade Structures PW21-07 71",��i��i,,1 it x. 7 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023 SUBJECT: Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 PREPARED BY: Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 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, AND BY RESOLUTION NOS. 2023-17, 2023-20, 2023-26, and 2023-29 FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST BACKGROUND: On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 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, due to the extraordinary rain events of February 25 and 26, 2023. On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for emergency repairs along Margarita Road, and Santiago Road because of the extraordinary rain events of February 25 and 26, 2023. On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050. On April 11, 2023, City Council approved the adoption of Resolution No. 2023-29 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate an additional $50,000 from the General Fund to complete emergency repairs. At the onset of the emergency in February 2023, two locations were identified as needing emergency repairs where storm drains were damaged and/or collapsed and in need of immediate repair due to excessive rain over the weekend of February 25 and 26, 2023. The storm drains located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia were assessed for damages. The Public Works Maintenance Division enlisted our on -call service provider for excavation, backfill and grading services to immediately initiate work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public. Subsequently, the State of California, including the City of Temecula and the surrounding region has endured record rains over the past few weeks which has caused further flood damage to the City's infrastructure. Due to the most recent rain event the week of March 20-23, 2023, the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area. Upon further investigation of the City's infrastructure an additional site has been identified as needing emergency repairs due to the past rain events, to include Via Lobo Channel. Repairs to remediate include the removal of silt, sand, and storm debris. The Public Works Maintenance Division staff, along with on -call contracted service providers are continuing to assess all damages caused by the excessive rain and flooding, and are working to clear debris, silt, and sediment, remediate any flooding concerns, keep roadways open, and to clear drainage channels throughout the city. The City's Risk Management Department submitted an emergency claim to the County in an effort to recover a portion of our costs incurred for these emergency repairs; however, we were recently informed that Riverside County did not meet the threshold in order to request a proclamation of local emergency under the State of California Office of Emergency Services (CalOES), as well as the threshold for inclusion into the Federal Disaster Declaration. The need for the continuing emergency resolution will allow for all work to be performed and completed to safeguard life, health, and property. FISCAL IMPACT: No further fiscal impact is anticipated. The appropriations request of $250,000 authorized by City Council on March 14, 2023 and April 11, 2023 is anticipated to be sufficient to cover the cost of repairs. ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A NEED TO CONTINUE THE ACTIONS AUTHORIZED BY RESOLUTION NO. 2023-17 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, AND BY RESOLUTION NOS. 2023-17, 2023-20, 2023-26, AND 2023-29 FINDING THAT AN EMERGENCY CONDITION CONTINUES TO EXIST THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY FINDS, DETERMINES, AND ORDERS AS FOLLOWS: Section 1. On February 28, 2023, City Council approved the adoption of Resolution No. 2023-17 Declaring an Emergency Condition and Declaring that Public Interest and Necessary Requires Certain Work to be Performed Without Competitive Bidding Pursuant to Public Contract Code Sections 20168 and 22050. Section 2. On March 14, 2023, City Council approved the adoption of Resolution No. 2023-20 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate $200,000 from the General Fund balance to provide funding for the emergency repairs. Section 3. On March 28, 2023, City Council approved the adoption of Resolution No. 2023-26 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050. Section 4.On April 11, 2023, City Council approved the adoption of Resolution No. 2023- 29 finding that an Emergency Condition Continues to Exist within the meaning of Public Contract Code Sections 20168 and 22050, and to appropriate an additional $50,000 from the General Fund to complete emergency repairs. Section 5. In February 2023, two locations were identified as needing emergency repairs where storm drains had been damaged and/or collapsed and in need of immediate repair, located at Margarita Road and Courtney Place, and Santiago Road and Via Valencia. The Public Works Maintenance Division immediately initiated all work necessary to avoid additional damage to the storm drains, and to maintain the roadway, and restore access to the roads for the travelling public. Section 6. Subsequently, due to record rains over the past few weeks the city has sustained additional damages to include the rockslide along Rainbow Canyon Road, erosion to the downstream side of the low -flow crossing, and damage to a drainage inlet located along East Vallejo, west of La Paz Road, in the Los Ranchitos area. Section 7. Upon further investigation of the City's infrastructure an additional site has been identified as needing emergency repairs due to the past rain events; to include Via Lobo Channel. Repairs to remediate include the removal of silt, sand. and storm debris. Section 8. Continued Finding of Emergency — Pursuant to the background and recommendation of the Director of Public Works/City Engineer's Staff Report to the City Council, the City Council hereby finds an emergency continues to exist, and actions described in Resolution No. 2023-17, 2023-20, 2023-26, and 2023-29 are necessary and continue to be necessary to complete all work to make permanent repairs to safeguard life, health, and property. Section 9. The City Council hereby acknowledges that it must approve this resolution by a four -fifths vote of the entire City Council. Section 10. Ratification of Staff Actions to Make Repairs to Storm Drains, Rainbow Canyon Road, Low Flow Crossing, and Drainage Inlet in Los Ranchitos, as appropriate - The City Council hereby ratifies and affirms the actions of the City Manager and City employees and contractors taken so far, and continue to make repairs or replace portions of storm drains, to clear debris, silt, and sediment, remediate any flooding concerns, and reopen roadways and associated rights of way, and 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 11. Resolution No. 2023-17 declared that the City Manager 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 12. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 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 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 2023 SUBJECT: Receive and File Temporary Street Closures for the Kent Hintergardt 30th Anniversary Memorial PREPARED BY: Anissa Sharp, Management Assistant Ron Moreno, Principal Engineer/City Surveyor RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the Kent Hintergardt 30th Anniversary Memorial. BACKGROUND: A special event is scheduled for May 9, 2023 which necessitates the physical closure of all or portions of certain streets within the Old Town area. These closures are necessary for event operation as well as to protect participants and viewers. The event details and associated street closures are as follows: 1) KENT HINTERGARDT 30TH ANNIVERSARY MEMORIAL — May 91 The Kent Hintergardt 30th Anniversary Memorial is planned to be held Tuesday, May 9th in Old Town Temecula. The street closures are scheduled as follows: Main Street from the easterly driveway edge of 1:00 p.m. on Tuesday, May 9th Be Good Restaurant (28636 Old Town Front to Street) to Mercedes Street 6:00 p.m. on Tuesday, May 9th 1:00 p.m. on Tuesday, May 9th Mercedes Street to Third Street to Fourth Street 6:00 p.m. on Tuesday, May 9th Street closures for the Kent Hintergardt 30th Anniversary Memorial event are shown on Exhibit "A" attached hereto. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events. FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing, and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget. ATTACHMENTS: 1. Exhibit A — Kent Hintergardt 30th Anniversary Memorial 2023 Exhibit A Kent Hintergardt 30th Anniversary Memorial 2023 ell, Mercedes St 7 -we qL A Fourth St IF -a Third Sit Main St t. ■ Road Closure Kent Hintergardt 30th Anniversary rr 4ft r o Memorial Road Closures 28636 0 Town Front St il Closes 1 PM on May 9th, 2023 = Id 2 Opens 6 PM on May 9th, 2023 Item No. 17 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 11, 2023 CALL TO ORDER at 6:58 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 Brown. The vote reflected unanimous approval. 10. Approve Action Minutes of March 28, 2023 Recommendation: That the Board of Directors approve action minutes of March 28, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:01 PM, the Community Services District meeting was formally adjourned to Tuesday, April 25, 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. 18 ACTION MINUTES JOINT TEMECULA PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 11, 2023 CALL TO ORDER at 7:02 PM: Chair/Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart TPFA PUBLIC COMMENTS — None TPFA / COUNCIL CONSENT CALENDAR 11. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - ALTAIR RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR Item pulled and continued to a future City Council meeting. TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT At 7:03 PM, the Joint Temecula Public Financing Authority and City Council meeting was formally adjourned to Tuesday, April 25, 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] N Item No. 19 CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Council/Board of Directors FROM: Aaron Adams, City Manager/Executive Director DATE: April 25, 2023 SUBJECT: Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT — ALTAIR RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR BACKGROUND: The Authority has received a request from SB Altair, LLC (the "Developer"), that expects to develop certain property in the City, that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). The proposed CFD would be authorized to issue special tax bonds (the "Bonds") in order to finance various public improvements necessitated by the development of the property identified in the Development Agreement, entered into as of January 9, 2018 between the City and Temecula West Village, LLC, as well as to fund various municipal services. The property to be developed consists of the Altair development, including Riverside County Assessor's Parcel Numbers 940- 310-015 through 940-310-016, 940-310-044 through 940-310-048, 940-310-013, 940-320-001 through 940-320-007, and 922-210-049. It is expected the property will be transferred later this year to the Developer that expects to develop the property. The Developer has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Bonds. SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement. The Board of Directors to consider the adoption of the Resolution acknowledging receipt of the Deposit and authorizing actions necessary to implement the Agreement. The passage of these Resolutions does not obligate the City Council or the Board of Directors to form the CFD or to issue the Bonds. FISCAL IMPACT: The City has received an initial $150,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation of the CFD. There is no fiscal impact to the Authority or the City. ATTACHMENTS: 1. City Council Resolution 2. TPFA Resolution 3. Deposit/Reimbursement Agreement RESOLUTION NO. 2023— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/ REIMBURSEMENT AGREEMENT — ALTAIR THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. SB Altair, LLC (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $150,000 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the proposed CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD by the Authority. Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement. Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 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 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. TPFA 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — ALTAIR THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. SB Altair, LLC, a Delaware limited liability company (the "Developer") has requested that the Board of Directors of the Temecula Public Finance Authority (the "Authority") undertake proceedings to form a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair)" (the "CFD") that will include property in the City of Temecula (the "City") that it expects to acquire and develop as described in the Development Agreement, entered into as of January 9, 2018, between the City and Temecula West Village, LLC. The Developer has submitted to the Finance Director of the City a check in the amount of $150,000 (the "Deposit") to be used by the City to pay costs of the City and the Authority in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to form the CFD. Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD, and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD. Section 3. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD. Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, the firm of Empire Economics is hereby designated as price point consultant for the CFD and the firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 25th day of April, 2023. Zak Schwank, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 251h day of April, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 3/28/23 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 23-01 (Altair) (the "CFD"), and SB Altair, LLC, a Delaware limited liability company (the "Developer"). RECITALS: WHEREAS, the Developer has advised the City and the Authority that it plans to acquire and develop property that is subject to a Development Agreement, entered into as of January 9, 2018, between the City and Temecula West Village, LLC ("TWV"), subsequently assigned by TWV to the Developer (the "Property"); and WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act, as well as to fund an annual wildlife conservation fee and various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and issuing special tax bonds for the CFD (the "Bonds"), provided that such funds are eligible to be reimbursed to the Developer from the proceeds of the Bonds when and if the Bonds are issued by the Authority for the CFD, all to the extent provided herein; and WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" $150,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings 20009.23:J 18862 for the formation of the CFD and, once the CFD is formed, the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and the possible future issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. (b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of any Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the CFD is not successfully formed and/or the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the -2- intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds, when and if issued, and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of any Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue any Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of any Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: Executed on: Executed on: 20009.18:J 16728 DEVELOPER: SB ALTAIR, LLC, , 2023 a Delaware limited liability company , 2023 2023 By: Brookfield Temecula, LLC, a Delaware limited liability company, its Operations Manager By: _ Name: Its: CITY: CITY OF TEMECULA 0 Aaron Adams, City Manager AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 23-01 (Altair) in Aaron Adams, Executive Director [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-011 -4- Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: April 25, 2023 SUBJECT: Approve Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Annual Action Plan PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2023-2024 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FINDING THAT THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT PURSUANT TO 24 CFR 58.34(A)(1) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262 AND 15378(B)(4) BACKGROUND: The Community Development Block Grant (CDBG) program was established through the Housing and Community Development Act in 1974. The primary purpose of CDBG funding is the development of viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. From 1992 to 2012, the City participated in the Riverside County Economic Development Agency Entitlement Program to receive CDBG funding. On June 14, 2011, City Council adopted Resolution No. 11-42 to request that the U.S. Department of Housing and Urban Development (HUD) designate the City of Temecula as an Entitlement Community. On April 10, 2012, City Council adopted the first Five -Year Consolidated Plan (ConPlan), authorizing the City to become an Entitlement Community and direct recipient of CDBG funds. As an Entitlement Community, the City of Temecula is required to prepare a one-year Action Plan to notify citizens and HUD of the City's intended actions to meet CDBG goals during a particular year. This current fiscal year (2023-2024) will be City's second year of the City's current Consolidated Plan. In preparation for the 2023-2024 Action Plan, staff held two in person CDBG community workshops on Thursday, December 1, 2022. A morning and evening session was provided to accommodate users with varying work schedules. The workshops encouraged participation regarding CDBG funding and provided technical assistance to applicants. An additional sub - recipient workshop will be held in June, prior to the start of the program year to those agencies who are awarded CDBG funds. Based on input gathered from the public, and the adopted Consolidated Plan, the following objectives continue to guide the City in allocating CDBG funds: • Public Facilities & Infrastructure Improvements • Affordable Housing Development • Housing Preservation • Services for Low -and moderate income residents • Services for residents with special needs, including seniors and veterans • Services for the homeless and those at risk of homelessness The Finance Committee, consisting of Mayor Pro Tern James Stewart and Councilmember Brenden Kalfus, convened on February 14, 2023, to make recommendations on CDBG funding for the upcoming fiscal year. Their recommendations are reflected in this report. The draft 2023- 2024 Annual Action Plan was available for public review from March 27, 2023, through April 25, 2023. 2023-2024 ANNUAL ACTION PLAN The City of Temecula's annual allocation provided by HUD for the 2023-2024 program year is $594,271. This allocation was increased from the initial $552,512 that was anticipated. The Finance Committee convened on February 14, 2023, to provide funding recommendations, and HUD released allocation amounts on February 27, 2023. Consequently, previous recommended amounts have been adjusted to reflect the official allocation and adjustment in each category. A maximum of 20 percent may be allocated for administration of the program, and a maximum of 15 percent may be allocated for public services, with the remainder, approximately $413,862.71, available for capital improvement projects. The breakdown of the estimated budget is demonstrated in the following chart. 2023-2024 CDBG Budget 2023-24 Anticipated Allocation 2023-24 Program Income Available Unallocated/Reprogrammed Funds r. Anticipated 2023-2024 HUD Allocation Allocation Update $552, 512.00 $594,271.00 $0.00 $0.00 $27,586.36 $27,586.36 i baiw= ilable $580,098.36 $621,857.36 e Maximum 15% of 2023-24 Allocation $89,140.65 Total Public Service Funds Available $82,876.80 $89,140.65 Capital Improvements Allocatio 2023-24 Anticipated Allocation $552, 512.00 $594,271.00 2023-2024 Program Income Minus Allocated Administrative Funds Minus Allocated Public Service Funds Plus Available Reprogrammed Funds Total Capital Im rovements Funds Available Administrative Funds Maximum 20% of 2023-2024 Allocation Total Administrative Funds Available $0.00 $0.00 $110,502.40 $118,854.00 $82,876.80 $89,140.65 $27,586.36 $27,586.36 $386,719.16 $413,862.71 $110,502.40 $118,854.20 $110,502.40 $118,854.20 Public Services A maximum of $89,140.65 (15%) may be allocated for public services during the fiscal year. Staff completed an extensive review of the applications to determine the benefit to low and moderate - income persons, activity need, cost efficiency, effectiveness, activity management, and experience and past performance. A summary of the funding recommendations of the Finance Committee is below. All applicants for the 2023-2024 funding period satisfy at least one Consolidated Plan priority, and are therefore eligible for funding. 1 2 3 4 5 6 7 8 4 10 Service Programs Organization Program Name FY 23-24 Request Subcommitee Recommendation Subcommitee Recommendations + HUD Allot: akonUpdate Assistance League of Temecula Valley Dperation School Bell S 10.000.00 S 6.609.6D $ 7.235.98 Boys & Cmis Club of Southwest County Before & After School Program $ 20.ODO-OD $ 6,609.0 $ 7.235.98 City of Temecula - Community Services Dept. Homeless Prevention & Diversion Program $ 30.GOO _DO $ 15 OM OD $ 15,62638 Community Mission of Hope CVIDH - Food & Housing Programs $ 10,ODD _GO S 6,609.60 $ 723599 Fair Housing Council of Riverside County Comprehensive Fair Housng Program S 25,OOD.OD $ 15,DDO.OD $ 15.62638 HabitaIforHumanity Path To Homewovmersbip & Financial Wellness center S 15,QOO.OQ $ 6,609.60 $ 7,235.49 Hospice of the Valleys Senior Assitance Program S 10.00.00 $ 6.6D9.60 $ 7,235.99 Riverside Area Rape Crisis Center Crisis Intervention & Supportive Services for Trauma Survivors S 10,000.00 S 6,609.60 $ 7,235.99 SAFE Fanuly Jusitce Center Temecula SAFE & Healthy Families Program S 10,ODo_OD $ 6,6D9.6D 5 7 235.99 Voices for Children CASAProgram $ 10,GOO _OD S 6,6D9.66 $ 7235.99 Pub&c Service Program Funds Recommended - Subtotal 5 150,011p.00 S 82,876.86 $ 89,140.65 Capital Improvement Projects The Finance Committee recommended that the CIP funds ($413,862.71) be allocated towards high priority accessibility projects as identified in the Americans with Disabilities Act (ADA) Transition Plan. Financial allocations towards these projects satisfy the Consolidated Plan goal of "improve neighborhoods, public facilities, and infrastructure." FISCAL IMPACT: Upon the approval of the 2023-2024 Annual Action Plan, the City of Temecula's allocation is $594,271 through the CDBG program for 2023-2024, and approximately $2.12 million through the duration of the Consolidated Plan cycle. ATTACHMENTS: 1. Resolution — Approval of 2023-2024 Annual Action Plan 2. Exhibit A: 2023-2024 Annual Action Plan 3. Notice of Public Hearing RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2023-2024 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND FINDING THAT THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE NATIONAL ENVIRONMENTAL POLICY ACT PURSUANT TO 24 CFR 58.34(A)(1) AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15262 AND 15378(B)(4) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The City of Temecula has participated directly within the federal Department of Housing and Urban Development (HUD) as an entitlement jurisdiction for Community Development Block Grant (CDBG) funds since July 1, 2012; B. The City of Temecula has prepared all documents, notices, and forms required by HUD for participation in the CDBG Program by entitlement jurisdictions; C. The City Council adopted Resolution No. 11-42 on June 14, 2011 initiating the City to obtain entitlement community status from HUD, and authorized the Director of Community Development to prepare and return for City Council approval all documents required for the designation as an Entitlement City, including the Five -Year Consolidated Plan, the Annual Action Plan, and the Citizen Participation Plan; D. The City Council adopted Resolution No. 22-35 on April 26, 2022, approving the updated Citizen Participation Plan that sets forth the City's policies and procedures for citizen participation in the development of its Five -Year Consolidated Plan, Annual Action Plans, Annual Performance Reports, and any substantial amendments deemed necessary for direct administration of federal CDBG funds; E. The City Council adopted Resolution No. 22-35 on April 26, 2022, approving the 2022 Analysis of Impediments to Fair Housing; F. The City Council adopted Resolution No. 22-35 on April 26, 2022, approving the 2022-26 Five -Year Consolidated Plan and 2022-23 Annual Action Plan; G. The City of Temecula has prepared an Annual Action Plan to implement the second year of the Five -Year Consolidated Plan; H. The Annual Action Plan includes HUD entitlement funding and the proposed use of Federal CDBG funds for the upcoming Fiscal Year 2023-24; I. The 2023-24 Annual Action Plan was processed including, but not limited to a public notice, in the time and manner prescribed by Federal, State, and local law; J. The Annual Action Plan is required by the US Department of Housing and Urban Development (HUD), and must be approved by that agency for the City to receive federal CDBG funds each year. K. At the conclusion of the Finance Subcommittee meeting and after due consideration of the testimony, the Finance Subcommittee provided funding recommendations for the 2023-24 Annual Action Plan on February 14, 2023; L. The 2023-24 Annual Action Plan was available for public review between March 27, 2023 and April 26, 2023; M. The City Council, at a regular meeting, considered the 2023-24 Annual Action Plan on April 25, 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 in opposition to this matter. N. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved the 2023-24 Annual Action Plan, subject to and based upon the findings set forth hereunder. O. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The City Council, in approving the Plan hereby finds, determines and declares that: A. Pursuant to Title 24, Housing and Urban Development, of the Code of Federal Regulations, Subtitle A Office of the Secretary, Department of Housing and Urban Development, Part 91 Consolidated Submissions For Community Planning And Development Programs (24 CFR Part 91) each entitlement jurisdiction must adopt a Five-year Consolidated Plan that states its overall plan to develop a viable urban community by providing for decent housing, a suitable living environment, and expanding economic opportunities, principally for low- and moderate -income persons, and prepare an Annual Action Plan each year describing the activities the jurisdiction will undertake during the next year to address those five-year priority needs and objectives; B. The City Council must adopt a plan that serves the following functions: 1. A planning document for the jurisdiction, which builds on a participatory process among citizens, organizations, businesses, and other stakeholders; 2. A submission for federal funds under HUD's formula grant programs for jurisdictions; 3. A strategy to be followed in carrying out HUD programs; and 4. A management tool for assessing performance and tracking results. Section 3. Environmental Findings. The proposed action on the Annual Action Plan (2023-24) is exempt from National Environmental Policy Act (NEPA) pursuant to the provisions of the National Environmental Policy Act and specifically 24 CFR 58.34(a)(1) because the 2023-24 Annual Action Plan is a resource identification study and the development of plans and strategies for the prioritization and funding of proposed programs through CDBG and the proposed action involves the feasibility and planning studies to determine prioritization and CDBG funding to begin the development of certain projects. The potential projects discussed in the proposed actions that might involve physical activity will be reviewed under NEPA or the California Environmental Quality Act (CEQA) as part of the development of those projects. The proposed action is also exempt from CEQA per CEQA Guidelines Section 15262 and 15378(b)(4). Section 4. Approvals. A. The City Council hereby approves the 2023-24 Annual Action Plan, set forth as Exhibit A attached hereto, and any and all other documents deemed necessary by HUD to obtain the annual CDBG allocation of the federal CDBG funds and authorizes and directs the City Manager, or his designee, to serve as the Certifying Officer for all environmental review procedures associated with the various CDBG projects, and Certifying Officer for the purpose of signing correspondence, agreements, and other required documents. B. The City Council hereby approves an application for CDBG Entitlement funds in the amount of $594,271; the allocation of the CDBG current year program administration of $118,854; the allocation of the CDBG current year program public service activities of $89,140; the allocation of CDBG current year unprogrammed and capital improvement project funds in the amount of $413,863. Section 5. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of April, 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, 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 25th day of April, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Annual Action Plan DRAFT FY 2023-2024 TemeculaCA.gov/CDBG MDG Aceoci�te�. Inc N- This page is intentionally left blank. TEMECULA CITY COUNCIL Zak Schwank Mayor James "Stew" Stewart Mayor Pro Tern Jessica Alexander Councilmember Curtis Brown Councilmember Brenden Kalfus Councilmember This page is intentionally left blank. Table of Contents ExecutiveSummary......................................................................................................................... 1 AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)................................................................1 TheProcess..................................................................................................................................... 9 PR-05 Lead & Responsible Agencies 24 CFR 91.200(b).....................................................................9 AP-10 Consultation - 91.100, 91.200(b), 91.215(I)..........................................................................10 AP-12 Citizen Participation AP-15 Expected Resources — 91.220(c)(1,2) AP-20 Annual Goals and Objectives ............................................................................... 48 ............................................................... 52 ....................................................................... 56 AP-35 Projects — 91.220(d).................................................................................................................. 60 AP-38 Project Summary.......................................................................................................................62 AP-50 Geographic Distribution — 91.220(f).......................................................................................69 AP-55 Affordable Housing — 91.220(g).............................................................................................. 71 AP-60 Public Housing — 91.220(h)......................................................................................................73 AP-65 Homeless and Other Special Needs Activities — 91.220(i)..................................................74 AP-75 Barriers to affordable housing — 91.220(j)............................................................................77 AP-85 Other Actions — 91.220(k)........................................................................................................79 AP-90 Program Specific Requirements — 91.220(I)(1,2,4)..............................................................82 Alternate/Local Data Sources........................................................................................................... Appendix A Citizen Participation and Consultation.....................................................................................Appendix B Grantee Unique Appendices.....................................................................................................Appendix C Map of Eligible Census Block Groups....................................................................................... Appendix D Grantee SF-424s and Action Plan Certifications.......................................................................Appendix E Action Plan 2023-2024 City of Temecula OMB Control No: 2506-0117 Action Plon 2023-2024 City of Temecula OMB Control No: 2506-0117 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction On April 26, 2022, the City Council of the City of Temecula adopted its Five -Year Community Development Block Grant (CDBG) 2022-2026 Consolidated Plan. The Consolidated Plan describes the City's housing and community development needs, as well as strategies and activities to address those needs over a five-year period using entitlement grant funds provided by the U.S. Department of Housing and Urban Development (HUD). The 2023-2024 Action Plan, which covers July 1, 2023, through June 30, 2024, represents the second year in that five-year plan. The City's grant program is consistent with HUD's national strategy to provide decent housing opportunities, a suitable living environment and economic opportunities particularly for low- and moderate -income persons. Community Development Block Grant (CDBG) The Housing and Community Development Act of 1974 created the CDBG Program. The primary objective of the CDBG Program is the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low- and moderate -income. CDBG regulations require that each activity meet one of the following national objectives: • Benefit low- and moderate -income persons; • Aid in the prevention or elimination of slums and blight; or • Meet other community development needs having a particular urgency. Each year, the City certifies with the submission of its Annual Action Plan that it has given maximum feasible priority to activities, which meet the first objective above. Additionally, the City certifies that no less than 70 percent of the CDBG funds received, over a three-year certification period, will be designed to benefit low- and moderate -income persons. For Program Year 2023-2024, 100 percent of the CDBG activities primarily benefit low- and moderate -income persons. 2023-2024 Program Year Funding The City has been granted $594,271 in Community Development Block Grant funds in Fiscal Year 2023-2024. Coupled with an availability of $27,586 from previously closed out programs, the City will have a total of $621,857 to spend during program year 2023-2024. The proposed breakdown of those funds can be found in the following sections. 1 2023-2024 CDBG Program Public Service Activities Assistance League of Temecula Valley — Operation School Bell Program $7,236 Boys and Girls Club Before and After School Care for Kids $7,236 City of Temecula Homeless Prevention & Diversion Program $15,626 Community Mission of Hope — Food and Housing Program $7,236 Fair Housing of Riverside County — Comprehensive Fair Housing Program $15,626 Habitat for Humanity — Path to Homeownership & Financial Wellness $7,236 Hospice of the Valleys — Senior Assistance Program $7,236 Riverside Area Rape Crisis Center — Crisis Intervention & Support Services $7,236 Safe Family Justice Center —Temecula SAFE & Healthy Families Program $7,236 Voices For Children — CASA Program $7,236 Capital Improvement Activities Temecula Public Works Dept. ADA Compliance Program $413,863 Program Administration City of Temecula: Administration $118,854 Total $621,857 If additional funds become available during the program year from unanticipated increases in appropriations, savings from completed projects or dropped projects, City staff will increase the funding of the Capital Improvement Activities included in the 2023-2024 Annual Action Plan. No substantial amendments will be required for such an action. 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview HUD's Community Planning and Development (CPD) Outcome Performance Measurement Framework classifies objectives in three categories: decent housing, a suitable living environment, and economic opportunity. Based on the Needs Assessment and Market Analysis, the Strategic Plan within the Consolidated Plan identifies five high priority needs to be addressed through the implementation of activities aligned with six Strategic Plan goals. The high priority needs and program objectives for the City of Temecula are: • Improve neighborhoods, public facilities, and infrastructure • Preserve the existing housing stock • Provide public services for low- and moderate -income, special needs, seniors, and veteran residents. 2 • Provide public services for the homeless and those at risk of homelessness • Promote development of affordable housing The following six goals are identified in the Strategic Plan: • Public Facilities & Infrastructure Improvements • Affordable Housing Development • Housing Preservation • Services for Low -and moderate income residents • Services for residents with special needs, including seniors and veterans • Services for the homeless and those at risk of homelessness 3 Table 1- Strategic Plan Summary Time Geographic Needs Goal Outcome Goal Name Category Funding Period Area Addressed Indicator 1. Affordable 2022- Affordable Citywide Promote the CDBG: Rental units Housing 2026 Housing development constructed Development of affordable 80 housing housing units Description: Support development of affordable housing by leveraging CDBG to optimize other public and private sources of financing. 2. Housing 2022- Affordable Citywide Preserve CDBG: Homeowner Preservation 2026 Housing exiting housing housing stock rehabbed 30 Description: Preservation of the quality of existing affordable housing stock households occupied by low- and moderate -income households, renters, and owners. 3. Services for 2022- Public Citywide Provide public CDBG: Public service low- and 2026 Services services for activities moderate- low- and other than income moderate- low - residents income, /moderate - special needs, income seniors, and housing veteran benefit 2,000 residents people Description: Provide lower -income persons with appropriate health, fitness, assisted recreational, educational, and other services, including, but not limited to, childcare, before and after school care and healthcare services to support the well-being of low- and moderate -income families. 4. Services for 2022- Public Citywide Provide public CDBG: Public service residents with 2026 Services services for activities special needs low- and other than moderate- low- income, /moderate - special needs, income seniors, and housing veteran benefit: 375 residents people Provide supportive services for residents with special needs, including, but not assisted limited, to those services addressing the needs of residents with disabilities, domestic violence, substance abuse; HIV/AIDS; seniors, and veterans with appropriate supportive services, including, but not limited to, those related to health, fitness, recreational and educational services. Time Geographic Needs Goal Outcome Goal Name Category Funding Period Area Addressed Indicator S. Services for 2022- Homeless Citywide Provide public CDBG: Public service the homeless 2026 services for activities and at risk of the homeless other than homelessness and those at low - risk of /moderate - homelessness income Support a continuum of services in Riverside County to prevent and eliminate housing homelessness including, but not limited to, supportive services for the homeless benefit: 325 and those at -risk of homelessness, including homelessness prevention programs, people emergency shelter programs and transitional housing. assisted 6. Public 2022- Non -Housing Citywide Improve CDBG: Public facility facilities an 2026 Community neighborhoods or infrastructure Development , public infrastructure improvement facilities, and activities infrastructure other than low- /moderate - income housing benefit: 20,000 people assisted Improve City of Temecula public facilities and infrastructure to benefit low- and moderate -income residents or those presumed under HUD regulations to be low - and moderate -income such as the elderly and disabled adults. The City anticipated averaging approximately one accessibility activity a year. 7. 2022- N/A Citywide N/A CDBG: N/A Administration 2026 Goal Name Time period Category Geographic Area Needs Addressed Funding Goal Outcome Indicator Description: Provide for the timely and compliant administration of the CDBG programs in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a "goal" within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals 3. Evaluation of past performance The investment of HUD resources during the 2017-2021 Program Years resulted in measurable accomplishments that contributed to positive outcomes for Temecula residents. Together with other federal, state, and local investments, HUD resources allowed the City of Temecula and its partners to: • Promote the development of affordable housing • Preserve the existing housing stock • Ensure equal access to housing opportunities • Provide public services for low- and moderate -income residents • Provide public services for residents with special needs • Provide public services for the homeless and those at risk of homelessness • Provide public services for seniors and veterans • Improve neighborhoods, public facilities, and infrastructure • Promote economic opportunity While the City and its partners were able to successfully implement the activities listed above since July 2017, there are insufficient resources to fully address the level of need identified in the last Consolidated Plan. In June 2011, the State of California passed AB1X2 to eliminate Redevelopment Agencies —a substantial funding source for housing, community, and economic development programs in California —significantly curtailed the City's ability to implement activities that benefit low- and moderate -income residents. With that, the City of Temecula takes its yearly allocation of CDBG funds and works closely with stakeholders, subrecipients and their programs to make sure their funds are allocated purposefully and meaningfully to impact Temecula residents with quality and meaningful services. 4. Summary of citizen participation process and consultation process The City adopted a Citizen Participation Plan on April 26, 2022, that reflects regulatory changes and process improvements. The adopted Citizen Participation Plan addressed HUD regulations pertaining to the Assessment of Fair Housing requirements for a more robust citizen involvement process. I During the 2022-2026 Consolidated Plan preparation process, the City broadened its citizen participation through surveys, community meetings and public hearings. During the preparation of the 2022-2026 Consolidated Plan preparation process, the City made efforts to encourage the participation of minorities and non-English speaking persons, as well as persons with disabilities. The consultation process included representatives of the CoC, PHA, and other specified groups who completed surveys, provided local data, and assisted the City to ensure practical coordination of strategies to maximize impact and to avoid duplication of effort. This broadened process has continued with each Action Plan. On December 1, 2022, the City conducted two in -person technical workshops for agencies interested in applying for CDBG funds. On February 14, 2023, the City's Finance Committee conducted a public meeting to prepare a CDBG funding recommendation to the City Council. The City published a notice in the local newspaper, which has a general circulation within the City, that the 2023-2024 Annual Action Plan is available for public review and comment. A public hearing was held on April 25, 2023. The stakeholders, who were notified for each hearing, are included in Section AP-10 of this Action Plan. 5. Summary of public comments In the development of the Action Plan, the City solicited applications from City Departments, the local fair housing agency, and the public services agencies. The draft Action Plan was available for public review and comment from March 27, 2023, to April 25, 2023. The City Council convened a public hearing on April 25, 2023, to receive comments on the Action Plan. (Insert any comments received) A summary of public comments can be found in Table 5 and Appendix B. 6. Summary of comments or views not accepted and the reasons for not accepting them There were no comments or views that were not accepted. 7. Summary As the second Annual Action Plan of the City's Five -Year Consolidated Plan Cycle, the City continues to make tremendous progress in meeting the five goals identified in the 2022-2026 Consolidated Plan. The 2023-2024 Action Plan will address all six of the Strategic Plan Goals from the 2022-2026 Consolidated Plan by allocating $621,857 of CDBG funds to projects and activities to be implemented from July 1, 2023, to June 30, 2024. The City of Temecula has made progress on increasing the supply of affordable housing. Two projects are currently under construction: 7 • Las Haciendas — 77 units • Rancho Las Bolsas -55 units. One project recently received additional funding from the City to make the project more competitive for tax credits: Vine Creek — 60 units And finally, the City is currently in negotiations on another project: Habitat for Humanity — 6 units. The City is continuing negotiations with other developers to utilize the remaining Tax Allocation Bond proceeds. 0 The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following is the agency responsible for preparing the Consolidated Plan and responsible for the administration of CDBG program. Table 2 — Responsible Agencies Agency Role Name Department/Agency Community Development CDBG Manager City of Temecula Department Narrative The Community Development Department is the lead department responsible for the administration of the CDBG program. The City contracted with MDG Associates, Inc. to prepare the 2022-2026 Consolidated Plan and the 2023-2024 Action Plan. In the implementation of the 2022-2026 Consolidated Plan and each of the five Annual Action Plans, the Community Development Department shall be responsible for all grant planning, management, and monitoring duties necessary to comply with HUD regulations and City policy. Consolidated Plan Public Contact Information Brandon Rabidou Principal Management Analyst City of Temecula 41000 Main Street Temecula, CA 92590 (951) 506-5142 brandon.rabidou(@TemeculaCA.2ov 0 AP-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction In preparing the Consolidated Plan, the City of Temecula consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, creation of job opportunities for low- and moderate -income residents, and the provision of services to children, seniors, persons with special needs, persons with HIV/AIDS and their families, and homeless persons. To facilitate this consultation, the City solicited feedback through the following methods: • Stakeholder surveys (web -based and paper -surveys) • Individual stakeholder consultations • Community meetings • Public hearings • Receipt of written comments To gather the greatest depth of information, the City consulted with a wide variety of agencies, groups and organizations concerning the housing, community, and economic development needs of the community. The primary agencies, groups or organizations consulted can be found on the following pages. The input received from these consultation partners helped establish the objectives and goals described in the Strategic Plan. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health, and service agencies (91.215(1)). The City recognizes the importance of coordination and alignment among various service providers to maximize the effectiveness of the CDBG program. As a result, during the development of the Consolidated Plan, the City consulted closely with organizations that provide assisted and public housing, health services and other community -focused programs. Outreach efforts included surveys including specific questions associated with coordination, invitations to community meetings and follow-up in -person interviews where appropriate. The City further recognized the importance of continued coordination and alignment during the preparation of the 2023-2024 Action Plan with these organizations and agencies. The City continues strengthening relationships and alignment among these organizations in the implementation of the NOFA process for CDBG funds and through technical assistance provided to subrecipients of CDBG funds each year. The City monitors its affordable housing units every year to ensure compliance with State and Federal requirements, supports the Housing 10 Authority's Section 8 program and participates in the County's Mortgage Credit Certificate (MCC) program. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Continuum of Care of Riverside County (CoQ guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The CoC is comprised of a network of public, private, faith -based, for -profit, and nonprofit service providers who utilize several federal, state, and local resources in providing services for homeless persons. The County and its cities, including the City of Temecula, also provide resources for services that assist the homeless and those at risk of becoming homeless. The nonprofit and faith -based community plays a key role in the current CoC system. Hundreds of agencies throughout the County, including the City Departments, provide a variety of programs ranging from feeding the homeless on the street to creating permanent supportive housing opportunities. These services are available to the chronically homeless, homeless families with children as well as single men and women. The nonprofit and faith -based community also serves special needs populations, such as victims of domestic violence, veterans, persons with disabilities and unaccompanied youth. During the Five -Year Consolidated Planning process, the City provided a detailed questionnaire to the CoC to identify the CoC's perceived needs in the County and its objectives to address the needs of different homeless populations, specifically chronically homeless families and individuals, families with children, veterans, unaccompanied youth, and persons at risk of homelessness. Following the delivery and response to this questionnaire, the City followed up with the CoC to clarify existing needs and objectives and understand opportunities for collaboration and coordination during the five-year planning process. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies, and procedures for the administration of HMIS. The City is not a direct recipient of ESG funding. However, it is a participating jurisdiction in the COC and works closely with the homeless system to create funding policies and procedures for ESG. Table 3 includes a representative listing of the entities consulted as part of the consultation process. 11 2. Describe Agencies, groups, organizations, and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Table 3 — Agencies, groups, organizations who participated 1 Agency/Group/Organization Fund Development Agency/Group/Organization Type Business and Civic Leaders What section of the Plan was addressed Economic Development by Consultation? Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 2 Agency/Group/Organization Amcal Housing Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 12 3 Agency/Group/Organization Assistance League of Temecula Valley Agency/Group/Organization Type Services -Children What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 4 Agency/Group/Organization Atria Senior Living Agency/Group/Organization Type Services -Elderly What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. S Agency/Group/Organization Autism Society Inland Empire Agency/Group/Organization Type Services -Health What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 13 6 Agency/Group/Organization Boys and Girls Club of Southwest County Agency/Group/Organization Type Services -Children What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 7 Agency/Group/Organization Bridge Housing Agency/Group/Organization Type Housing, Services -Homeless What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 8 Agency/Group/Organization Building Industry Association Agency/Group/Organization Type Housing 14 What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 9 Agency/Group/Organization California Apartment Association Inland Empire Agency/Group/Organization Type Services -Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 10 Agency/Group/Organization California State University San Marcos, Temecula Agency/Group/Organization Type Services -Education What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Economic Development 15 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 11 Agency/Group/Organization Canine Support Teams Agency/Group/Organization Type Services -Persons with Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 12 Agency/Group/Organization Catholic Charities Agency/Group/Organization Type Services -homeless What section of the Plan was addressed Homelessness Strategy by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 13 Agency/Group/Organization Chemo Buddies 4 Life Agency/Group/Organization Type Services - Health 16 What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 14 Agency/Group/Organization Circle of Care Ministries Agency/Group/Organization Type Services -Homeless What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 15 Agency/Group/Organization City of Murrieta Agency/Group/Organization Type Agency— Managing Flood Prone Areas Agency— Management of Public Lands or Water Resources Other government - Local 17 What section of the Plan was addressed Housing Need Assessment by Consultation? Lead -based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non -Homeless Special Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 16 Agency/Group/Organization CityNet Agency/Group/Organization Type Homeless provider What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 18 17 Agency/Group/Organization City of Temecula Agency/Group/Organization Type Services — Broadband Internet Service Providers; Agency — Managing Flood Prone Areas; Agency — Management of Public Lands or Water Resources; Agency — Emergency Management- Other government - Local What section of the Plan was addressed Housing Need Assessment by Consultation? Lead -based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non -Homeless Special Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 18 Agency/Group/Organization Coachella Valley Housing Coalition Agency/Group/Organization Type Services Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 19 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 19 Agency/Group/Organization Community Access Center Agency/Group/Organization Type Services- Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 20 Agency/Group/Organization Community Mission of Hope Agency/Group/Organization Type Homeless provider What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 20 21 Agency/Group/Organization Comprehensive Autism Center Agency/Group/Organization Type Services- Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 22 Agency/Group/Organization County of Riverside Behavioral Health Department Agency/Group/Organization Type Health Agency/Facility What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 23 Agency/Group/Organization County of Riverside Economic Development Agency Agency/Group/Organization Type Other Government —County, Regional organization What section of the Plan was addressed Economic Development by Consultation? Market Analysis 21 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 24 Agency/Group/Organization County of Riverside Health Department Agency/Group/Organization Type Health Agency Other government — County What section of the Plan was addressed Lead -based Paint Strategy by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 25 Agency/Group/Organization Court Appointed Special Advocate of Riverside County Agency/Group/Organization Type Services -Children Child Welfare Agency What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 26 Agency/Group/Organization Desert AIDS Agency/Group/Organization Type Services-HIV/AIDS 22 What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 27 Agency/Group/Organization Economic Development of Southwest California Agency/Group/Organization Type Services -Employment; Planning organization What section of the Plan was addressed Economic Development by Consultation? Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 28 Agency/Group/Organization Fair Housing Council of Riverside County, Inc. Agency/Group/Organization Type Services -Fair Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 29 Agency/Group/Organization Foothill AIDS Agency/Group/Organization Type Services — Persons with HIV/AIDS 23 What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 30 Agency/Group/Organization Go Bananas Agency/Group/Organization Type Services — Persons with disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 31 Agency/Group/Organization GRID Alternatives Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 32 Agency/Group/Organization Habitat for Humanity Inland Valley Agency/Group/Organization Type Housing 24 What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 33 Agency/Group/Organization Hitzke Consulting Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 34 Agency/Group/Organization Hospice of the Valleys Agency/Group/Organization Type Healthcare What section of the Plan was addressed Non -Homeless Special Needs by Consultation? 25 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 35 Agency/Group/Organization Housing Authority of the County of Riverside Agency/Group/Organization Type PHA What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 36 Agency/Group/Organization Iglesia Bautista del Valle de Temecula Agency/Group/Organization Type Services -Homeless What section of the Plan was addressed Public Housing Needs by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 26 37 Agency/Group/Organization Inland Regional Center Agency/Group/Organization Type Services -Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 38 Agency/Group/Organization John Stewart Company Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 39 Agency/Group/Organization Ken Follis Agency/Group/Organization Type Business Leader What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 27 40 Agency/Group/Organization League of Women Voters Agency/Group/Organization Type Civic Leaders What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 41 Agency/Group/Organization Love of Christ Fellowship Church Agency/Group/Organization Type Services — Persons with Disabilities What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 42 Agency/Group/Organization Michelle's Place Agency/Group/Organization Type Services - Health What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 28 43 Agency/Group/Organization Mission Village Apartments Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 44 Agency/Group/Organization Mt San Jacinto College Agency/Group/Organization Type Services -Education Services — Narrowing the Digital Divide What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 45 Agency/Group/Organization Nu -Way International Christian Ministries Agency/Group/Organization Type Other -Faith Based What section of the Plan was addressed Non -Homeless Special Needs by Consultation? 29 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 46 Agency/Group/Organization Our Nicholas Foundation Agency/Group/Organization Type Other -Persons with Special Needs What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 47 Agency/Group/Organization Path of Life Ministries Agency/Group/Organization Type Services -Homeless What section of the Plan was addressed Housing Need Assessment by Consultation? Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 30 48 Agency/Group/Organization Pechanga Casino Agency/Group/Organization Type Employer What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 49 Agency/Group/Organization Project Touch Agency/Group/Organization Type Homeless provider What section of the Plan was addressed Public Housing Needs by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 50 Agency/Group/Organization Rancho Community Church Agency/Group/Organization Type Other -Faith Based What section of the Plan was addressed Non -Homeless Special Needs by Consultation? 31 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 51 Agency/Group/Organization Rancho Damacitas Agency/Group/Organization Type Services - Children What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 52 Agency/Group/Organization Rancho en Espanol Agency/Group/Organization Type Other -Faith Based What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 53 Agency/Group/Organization Riverbank Village Apartments Agency/Group/Organization Type Housing Business Leaders What section of the Plan was addressed Economic Development by Consultation? Market Analysis 32 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 54 Agency/Group/Organization Riverside Area Rape Crisis Center Agency/Group/Organization Type Services -Victims of Domestic Violence What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 55 Agency/Group/Organization Riverside City and County CoC Agency/Group/Organization Type Services — Homeless Publicly Funded Institution/System of Care What section of the Plan was addressed Homelessness Strategy by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 56 Agency/Group/Organization Riverside County Office on Aging Agency/Group/Organization Type Other -Senior services What section of the Plan was addressed Non -Homeless Special Needs by Consultation? 33 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 57 Agency/Group/Organization Riverside County Sheriff Agency/Group/Organization Type Publicly Funded Institution/System of Care Agency — Emergency Management What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 58 Agency/Group/Organization Riverside Transit Agency Agency/Group/Organization Type Regional Planning Planning Organization What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 59 Agency/Group/Organization Riverside County Veterans Services Agency/Group/Organization Type Services - Homeless Veterans 34 What section of the Plan was addressed Public Housing Needs by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 60 Agency/Group/Organization Rose Again Foundation Agency/Group/Organization Type Child Welfare Agency What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 61 Agency/Group/Organization SAFE Alternatives for Everyone Agency/Group/Organization Type Services -Victims of Domestic Violence What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 35 62 Agency/Group/Organization Safety Research Associates, Inc Agency/Group/Organization Type Special needs senior housing What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 63 Agency/Group/Organization Senior Care Referral Specialists Agency/Group/Organization Type Other -Seniors What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 64 Agency/Group/Organization Solari Enterprises Agency/Group/Organization Type Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Non -Homeless Special Needs Economic Development Market Analysis 36 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 65 Agency/Group/Organization Southern California Council of Governments Agency/Group/Organization Type State Government Agency— Managing Flood Prone Areas Agency— Management of Public Land or Water Resources Regional organization Planning organization What section of the Plan was addressed Housing Need Assessment by Consultation? Lead -based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non -Homeless Special Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 37 66 Agency/Group/Organization Southwest Riverside County Association of Realtors Agency/Group/Organization Type Housing; Business leaders What section of the Plan was addressed Housing Need Assessment by Consultation? Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 67 Agency/Group/Organization Southwest Workforce Development Center Agency/Group/Organization Type Services -Employment What section of the Plan was addressed Non -Homeless Special Needs by Consultation? Economic Development Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 68 Agency/Group/Organization St. Catherine's Catholic Church Agency/Group/Organization Type Other -Faith Based What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 69 Agency/Group/Organization State Council on Developmental Disabilities Agency/Group/Organization Type Other government —State; Planning organization What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 70 Agency/Group/Organization State of California Department of Housing and Community Development Agency/Group/Organization Type State Government; Housing What section of the Plan was addressed Housing Need Assessment by Consultation? Lead -based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non -Homeless Special Needs Economic Development Market Analysis Anti -poverty Strategy 39 How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 71 Agency/Group/Organization Temecula Murrieta Rescue Mission Agency/Group/Organization Type Homeless provider What section of the Plan was addressed Public Housing Needs by Consultation? Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 72 Agency/Group/Organization Temecula Valley Chamber of Commerce Agency/Group/Organization Type Business Community What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 73 Agency/Group/Organization Temecula Valley Historical Society Agency/Group/Organization Type Planning Organization .s What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 74 Agency/Group/Organization Temecula Valley Unified School District Agency/Group/Organization Type Services -Education, Narrowing the digital divide What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 75 Agency/Group/Organization Temecula Valley Unified School District Adult Transition Program Agency/Group/Organization Type Services Education What section of the Plan was addressed Non -Homeless Special Needs, Narrowing the by Consultation? digital divide How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 76 Agency/Group/Organization Temecula Valley Winegrowers Association Agency/Group/Organization Type Business Leader 41 What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 77 Agency/Group/Organization The Center for Life Change Agency/Group/Organization Type Services - Health What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 78 Agency/Group/Organization U.S. Vets Initiative Agency/Group/Organization Type Homeless Veterans Services; Education; Employment What section of the Plan was addressed Homelessness Needs - Veterans by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 79 Agency/Group/Organization VA Loma Linda Healthcare Agency/Group/Organization Type Health Agency; Other government - Federal Z What section of the Plan was addressed Homelessness Needs - Veterans by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 80 Agency/Group/Organization Smart Moms Agency/Group/Organization Type Civil leaders What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 81 Agency/Group/Organization Voice of Children Agency/Group/Organization Type Youth Services What section of the Plan was addressed Homelessness Needs - Unaccompanied youth by Consultation? Non -Homeless Special Needs How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 82 Agency/Group/Organization Wells Fargo Agency/Group/Organization Type Business Community 43 What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 83 Agency/Group/Organization Western Riverside Council of Governments Agency/Group/Organization Type Other Government — County & Local; Regional and Planning Organization; Agency Managing Flood Prone Areas, Management of Public Land or Water Resources, and Emergency Management What section of the Plan was addressed Housing Need Assessment by Consultation? Lead -based Paint Strategy Public Housing Needs Homelessness Strategy Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Non -Homeless Special Needs Economic Development Market Analysis Anti -poverty Strategy How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 84 Agency/Group/Organization Birth Choice Agency/Group/Organization Type Services — Health 44 What section of the Plan was addressed Non -Homeless Special Needs by Consultation? How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. 85 Agency/Group/Organization CA Emerging Technology Fund (CETF) Agency/Group/Organization Type Organizations engaged in narrowing the digital divide What section of the Plan was addressed Economic Development by Consultation? Market Analysis How was the To obtain a comprehensive assessment of Agency/Group/Organization consulted the needs and priorities within the and what are the anticipated outcomes community, the Consolidated Plan process of the consultation or areas for included consultation with residents, service improved coordination? providers and selected departments. Engagement was conducted through surveys, community meetings and interviews. Identify any Agency Types not consulted and provide rationale for not consulting The City maintains a list of agencies, organizations and other stakeholders that have expressed an interest in City's CDBG program and invited representatives from each entity to participate at multiple points in the planning process. All agencies were strongly encouraged to attend meetings and participate in surveys. There were no agency types that were not consulted. Any agency or organization that was not consulted and would like to be included in the City's list of stakeholders is encouraged to contact Brandon Rabidou in the Community Development Department at (951) 506-5142. Other local/regional/state/federal planning efforts considered when preparing the Plan 45 Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care of Strategic Plan goals are Riverside County consistent with Ten Year Strategy to End Homelessness Housing Element City of Temecula Strategic Plan goals are consistent with Housing Element policies and goals Analysis of Impediments to City of Temecula Strategic Plan goals are Fair Housing Choice consistent with Analysis of Impediments to Fair Housing Choice 2005 General Plan Update City of Temecula Strategic Plan goals are consistent with the General Plan policies and goals 2030 Quality of Life City of Temecula Strategic Plan goals are Management Plan (QLMP) consistent with the QLMP policies and goals Table 4 — Other local/regional/federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(I)) In the development of the 2022-2026 Consolidated Plan and the 2023-2024 Action Plan, the City afforded the following public entities with the opportunity to provide input on the Consolidated Plan. The City welcomes their input concerning the future implementation of project to address the Strategic Plan goals identified in section SP-45 of the Consolidated Plan: • Housing Authority of the County of Riverside • Regional Homeless Alliance • Riverside County Continuum of Care • Riverside County Department of Social Services • Riverside County Office on Aging • Riverside County Economic Development Agency • Riverside County Health Department • Riverside County Veterans Services • Riverside County Behavioral Health Department • Riverside County Sheriff's Department • Riverside Transit Agency 46 • Western Riverside Council of Governments (WRCOG) • Southern California Association of Governments (SCAG) • State of California Department of Housing and Community Development • State of California Department of Employment Development Department • State of California Council on Developmental Disabilities • Southwest Workforce Development Center • Inland Regional Center • U.S. Veterans Administration • Temecula Valley Unified School District • Mt. St. Jacinto College • City of Murrieta 47 AP-12 Citizen Participation 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting In preparation for the Consolidated Plan the City followed the established processes of the Citizen Participation Plan to ensure broad community engagement. At each step, the City worked to ensure low- and moderate -income residents, members of minority groups, agencies involved in the provision of services to these populations, and others who are directly impacted by the programs and activities supported by the Consolidated Plan programs had the opportunity to be actively involved. The Citizen Participation Plan, Consolidated Plan, Action Plan, Consolidated Annual Performance and Evaluation Report (CAPER) and the Analysis of Impediments to Fair Housing Choice are posted on the City website at: https://TemeculaCA.gov/CDBG and a hard copy was available for review in the City Community Development Department for 30 days from March 28 to April 26, 2022. To assist in identification of priority needs citizens were engaged through community meetings, surveys, public hearings, and individual meetings. Participants received extensive information about the Consolidated Plan, citizen participation process, HUD requirements for an entitlement City, the amount of funding the City anticipates receiving and how those funds can be used by the City. Residents were given the opportunity to provide City staff with their input on the prioritization of community needs. Each of these efforts, including review of HUD Data and relevant policy documents, assisted the City in its goal setting efforts. On December 1, 2022, two virtual community workshops, convened to discuss housing, community and economic development needs and priorities along with request for funding requirements for Temecula. These workshops were interactive, with discussion of a variety of needs. A concerted effort was made to reach out to nonprofit organizations through the community workshops and consultations with area nonprofits and other organizations serving Temecula residents. On February 14, 2023, the City of Temecula Finance Subcommittee conducted a public meeting to consider the CDBG funding recommendations for Fiscal Year 2023-2024. The Finance Subcommittee performs in an advisory capacity to City staff and to the City Council concerning planning, implementing, and assessing CDBG programs and activities. After reviewing all submitted applications, the Finance Committee made their funding recommendation. On March 17, 2023, the City published a notice in the Press Enterprise providing the public a 30- day notice to review and comment on the draft 2023-2024 Action Plan. On April 25, 2023, the City Council considered public testimony regarding the Action Plan and authorized its submission to HUD. 48 Table 5 — Citizen Participation Outreach Sort Mode of Target of Summary of response / Summary of Summary of URL Order Outreach Outreach attendance comments comments not (If received accepted and applicable) reasons 1 Newspaper Ad Minorities Newspaper ads were published The purpose was All questions were Not on November 3, 2022, in the to explain the answered; all applicable. Persons with Press Enterprise announcing two revised application comments disabilities Community Workshops to process and to accepted. receive input on the preparation answer questions. Non -targeted/ of the City's 2023-2024 Action broad Plan. community Residents of Public and Assisted Housing 2 Internet Non -targeted/ Notice posted on City website, The purpose was All questions were TemeculaCA. gov Outreach broad City Hall, and Library inviting to explain the answered; all community residents to the community revised application comments workshops at City Hall on process and to accepted. November 3, 2022. answer questions. .• Sort Order Mode of Outreach Target of Outreach Summary of response / attendance Summary of comments received Summary of comments not accepted and reasons URL (If applicable) 3 Community Minorities Stakeholders attended two in- Residents and All comments were Not Workshops person Community Workshops stakeholders accepted. applicable. Non -English held in the morning and evening participated in a Speaking - on December 1, 2023. presentation Specify other concerning the language: Consolidated Plan Spanish and Action Plan. A facilitated Persons with discussion of disabilities community needs followed the Residents of presentation. Public and Assisted Housing 4 Public Hearing Non -targeted/ A public hearing was held before Representatives All comments were Not broad the City Finance Subcommittee from 10 service considered prior to applicable. community on February 14, 2023, at 4:00 providers were the Subcommittee p.m. to receive a presentation available to speak making their concerning the Consolidated about their recommendation. Plan and community needs. proposed projects Persons representing nonprofits and available to and City employees were answer questions. available to answer questions about City projects. 50 Sort Mode of Target of Summary of response / Summary of Summary of URL Order Outreach Outreach attendance comments comments not (If received accepted and applicable) reasons 5 Newspaper Ad Minorities Notice of the 30-day public _ comments comments TemeculaCA.g ov CDBG Persons with review and comment period for from public from public hearing Disabilities the draft 2023-2024 Annual hearing will be will be included Action Plan was published in the included here. Also here. Also see Non -English Press Enterprise. The public see Appendix B _ Appendix B Speaking - notice invited interested Specify other residents to review the draft language: document and to provide Spanish written comments at the City of Temecula Community Non -targeted/ Development Department, City broad of Temecula City Clerk's Office, community or online at the CDBG website. Residents were invited to participate at a public hearing to provide oral comments before the Temecula City Council on April 25, 2023, at 6:00 p.m. 6 Public Hearing Non- Public hearing for the draft comments from comments from Not targeted/broad 2023-2024 Annual Action Plan public hearing will public hearing will applicable. community was held before the Temecula be included here. be included here. City Council on April 25, 2023. Also see Appendix Also see Appendix B B 51 AP-15 Expected Resources — 91.220(c)(1,2) Introduction The projects and activities included in this Action Plan are based on resources that are reasonably anticipated to be available to the City from federal, state, local and private sources for the period of July 1, 2023, through June 30, 2024. The actual resources available to support activities during the implementation of the remainder of the Consolidated Plan may vary significantly due to factors outside of the City's control. For example, HUD formula grant allocations are subject to change each year based on several factors, such as the amount of the national appropriation, changes in ACS population data applied to the CPD grant formulas, statutory changes to the CPD grant formulas, the addition or removal of entitlements receiving a particular CPD grant and the availability of reallocated funds. Additionally, state, local, and private resources will vary significantly depending on economic conditions. For Program Year 2023-2024, the City will receive $594,271 of CDBG funds from HUD. Coupled with an availability of $27,586 from previously closed out programs, the City will have a total of $621,857 to spend during program year 2023-2024. If additional funds become available during the program year from unanticipated increases in appropriations, savings from completed projects or dropped projects, City staff will increase the funding of the Capital Improvement Activities included in the 2023-2024 Annual Action Plan. No substantial amendments will be required for such an action. 52 Table 6 - Expected Resources — Priority Table Program Source of Uses of Funds Expected Amount Available Year 1 Expected Amount Narrative Description Annual Program Prior Year Total: Funds Allocation: Income: Resources: $ Available $ $ $ Reminder of Con Plan $ CDBG Public- Admin and Based on federal Planning level Economic funding in Development subsequent Housing $594,271 $0 $27,586 $621,857 $2,128,143 years Public Improvements Public Services Explain how federal funds will leverage those additional resources (private, state, and local funds), including a description of how matching requirements will be satisfied Depending on the financing structure of a given activity, it may be advantageous for the City to use CDBG funds to leverage appropriate state, local, and private resources, including but not limited to those listed below. Federal Resources • Continuum of Care (CoQ Program • HUD Veterans Affairs supportive Housing (HUD-VASH) • Supportive Housing for the Elderly (Section 202) • Supportive Housing for Persons with Disabilities (Section 811) • Housing Opportunities for Persons with AIDS (HOPWA) • Youthbuild • Federal Low -Income Housing Tax Credit Program State Resources • State Low -Income Housing Tax Credit Program • Building Equity and Growth in Neighborhoods Program (BEGIN) • CalHome Program • State Housing and Community Development Permanent Local Housing Allocation • Multifamily Housing Program (MHP) • Housing Related Parks Grant 53 • CaIHFA Single and Multi -Family Program • Mental Health Service Act (MHSA) Funding Local Resources • Riverside County CoC • Housing Authority of Riverside County (HARCO) • Southern California Home Financing Authority (SCHFA) • City of Temecula General Fund • City of Temecula Capital Improvement Program Private Resources • Federal Home Loan Bank, Affordable Housing Program • Community Reinvestment Act Programs • United Way Funding • Private Contributions If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the Consolidated Plan On February 1, 2012, the elimination of local Redevelopment Agencies by the State of California resulted in the loss of a crucial resource for the development and preservation of affordable housing. This negatively affected affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets tied to the former Redevelopment Agencies may be utilized today, the available resources for affordable housing are scarce. The City has selected the developments that will receive a portion of the $12.4 million in Tax Allocation Bond proceeds to construct affordable housing in the City for low- and moderate - income persons. The future developments include the Las Haciendas Complex and Vine Creek apartments located within the City. Any additional land or property necessary to address the needs identified in the Consolidated Plan would need to be acquired using HUD grant funds or other resources. The City of Temecula has made progress on increasing the supply of affordable housing. It has done so by, adopting an Affordable Housing Overlay Zone ordinance as an incentive for the construction of affordable housing by the private sector. Additional progress includes two projects that are currently under construction, Las Haciendas with 77 units and Rancho Las Bolsas with 55 units. One project that recently received additional funding from the City to make the project more competitive for tax credits, that project being Vine Creek with 60 units. Lastly, the 54 City is currently in negotiations on an additional 6 units through Habitat for Humanity. Discussion The City plans to spend $503,003 of CDBG funds on housing, community development, public facilities, infrastructure, and neighborhood services activities that promote a suitable living environment between July 2023 and June 2024. It is anticipated approximately $413,863 of this will be spent on public facilities, infrastructure, and housing rehab projects and that $89,140 will be spent on neighborhood services. Projects include: • Before and after school programming, • Homeless services, • Housing ownership and financial wellness services, and • ADA modifications. Assuming the continued funding level of the CDBG program, the City may allocate CDBG funds for economic opportunity activities to support the development and expansion of local small businesses during this next Consolidated Planning cycle through its Office of Economic Development with its microenterprise assistance program. 55 AP-20 Annual Goals and Objectives Goal Name Time Category Geographic Area Needs Addressed Funding Goal Outcome Period Indicator 1. Affordable Housing 2023-2024 Affordable Housing Citywide Promote the CDBG: Rental units Development development of $0 constructed 16 affordable housing housing units Description: Support development of affordable housing by leveraging CDBG to optimize other public and private sources of financing. 2. Housing Preservation 2023-2024 Affordable Housing Citywide Preserve exiting CDBG: Homeowner housing stock $0 housing rehabbed 0 Description: Preservation of the quality of existing affordable housing stock occupied by low- and moderate- households income households, renters, and owners. 3. Services for low- and 2023-2024 Public Services Citywide Provide public CDBG: Public service moderate -income services for low- and $37,334 activities other than residents moderate -income, low -/moderate - special needs, income housing seniors, and veteran benefit 358 people residents assisted Description: Provide lower -income persons with appropriate health, fitness, recreational, educational, and other services, including, but not limited to, childcare, before and after school care and healthcare services to support the well-being of low- and moderate -income families. 4. Services for residents 2023-2024 Public Services Citywide Provide public CDBG: Public service with special needs, services for low- and $28,944 activities other than including seniors and moderate -income, low -/moderate - veterans. special needs, income housing seniors, and veteran benefit: 95 people residents assisted 56 Goal Name Time Category Geographic Area Needs Addressed Funding Goal Outcome Period Indicator Provide supportive services for residents with special needs, including, but not limited, to those services addressing the needs of residents with disabilities, domestic violence, substance abuse; HIV/AIDS; seniors, and veterans with appropriate supportive services, including, but not limited to, those related to health, fitness, recreational and educational services. 5. Services for the 2023-2024 Homeless Citywide Provide public CDBG: $22,862 Public service homeless and those at services for the activities other than risk of homelessness homeless and those low -/moderate - at risk of income housing homelessness benefit: 176 people assisted Support a continuum of services in Riverside County to prevent and eliminate homelessness including, but not limited to, supportive services for the homeless and those at -risk of homelessness, including homelessness prevention programs, emergency shelter programs and transitional housing. 6. Public facilities an 2023-2024 Non -Housing Citywide Improve CDBG: Public facility or infrastructure Community neighborhoods, $413,863 infrastructure improvement Development public facilities, and activities other than infrastructure low -/moderate - income housing benefit: 7,287 people assisted 57 Goal Name Time Category Geographic Area Needs Addressed Funding Goal Outcome Period Indicator Improve City of Temecula public facilities and infrastructure to benefit low- and moderate -income residents or those presumed under HUD regulations to be low- and moderate -income such as the elderly and disabled adults. The City anticipated averaging approximately one accessibility activity a year. 7. Administration 2023-2024 N/A Citywide N/A CDBG: N/A $118,854 Description: Provide for the timely and compliant administration of the CDBG programs in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a "goal" within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals Table 7 — Goals Summary M] Goal Descriptions 1 Goal Name Affordable Housing Development Goal Support development of affordable housing by leveraging CDBG to optimize Description other public and private sources of financing. 2 Goal Name Housing Preservation Goal Preservation of the quality of existing affordable housing stock occupied by Description low- and moderate -income households, renters, and owners. 3 Goal Name Services for low- and moderate -income residents Goal Provide lower -income persons with appropriate health, fitness, Description recreational, educational, and other services, including, but not limited to, childcare, before and after school care and healthcare services to support the well-being of low- and moderate -income families. 4 Goal Name Services for Residents with Special Needs Goal Provide supportive services for residents with special needs, including, but Description not limited, to those services addressing the needs of residents with disabilities, domestic violence, substance abuse; HIV/AIDS; seniors, and veterans with appropriate supportive services, including, but not limited to, those related to health, fitness, recreational and educational services. 5 Goal Name Services for the Homeless and at risk of homelessness Goal Support a continuum of services in Riverside County to prevent and Description eliminate homelessness including, but not limited to, supportive services for the homeless and those at -risk of homelessness, including homelessness prevention programs, emergency shelter programs and transitional housing. 6 Goal Name Public Facilities and Infrastructure Improvements Goal Improve City of Temecula public facilities and infrastructure to benefit low - Description and moderate -income residents or those presumed under HUD regulations to be low- and moderate -income such as the elderly and disabled adults. The City anticipated averaging approximately one accessibility activity a year. 59 7 Goal Name Program Administration Goal Provide for the timely and compliant administration of the CDBG programs Description in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a "goal" within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals AP-35 Projects — 91.220(d) Introduction To address the high priority needs identified in the Strategic Plan to the 2022-2026 Consolidated Plan, the City of Temecula will invest CDBG funds in projects that provide fair housing services; provide services to low- and moderate -income residents; provide services to seniors, veterans, and residents with special needs; prevent homelessness; improve public facilities and infrastructure. Together, these projects will address the housing, community, and economic development needs of Temecula residents, particularly those residents residing in the low- and moderate -income CDBG Target Areas. # Project Name 1 Affordable Housing Development 2 Housing Preservation Services for Low- and Moderate -Income 3 Residents Services for Residents with Special Needs 4 including seniors and veterans Services for the homeless and those at risk of 5 homelessness Public Facilities and Infrastructure 6 Improvements 7 Program Administration Table 8 — Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Based on the Strategic Plan, the City is allocating 100 percent of its non -administrative CDBG investments for program year 2023-2024 to projects and activities that benefit low- and moderate -income people. The City's CDBG investments in public facilities and infrastructure improvements activities are directed toward addressing the needs of persons with disabilities. For that reason, the program is not limited to CDBG target areas. The housing and public services activities will also be primarily benefiting low- and moderate -income limited clientele on a citywide basis to better address the needs of the underserved. The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state, and other local sources, the high cost of housing, and the lack of availability of home improvement financing in the private lending industry. To address these obstacles, the City is investing CDBG funds through the 2023-2024 Action Plan in projects that provide financial wellness services for first-time homebuyers, public and neighborhood services to seniors, veterans, persons in foster care, the homeless and other low- and moderate - income people and those with special needs. The City of Temecula has made progress on increasing the supply of affordable housing. It has done so by, adopting an Affordable Housing Overlay Zone ordinance as an incentive for the construction of affordable housing by the private sector. Additional progress includes two projects that are currently under construction, Las Haciendas with 77 units and Rancho Las Bolsas with 55 units. One project that recently received additional funding from the City to make the project more competitive for tax credits, that project being Vine Creek with 60 units. Lastly, the City is currently in negotiations on an additional 6 units through Habitat for Humanity. 61 AP-38 Project Summary Table 9 — Project Summary Information 1 Project Name Affordable Housing Preservation Target Area Citywide Goals Supported Affordable Housing Needs Addressed Promote the development of affordable housing Funding CDBG: $0 Description Support development of affordable housing by leveraging CDBG to optimize other public and private sources of financing. Target Date N/A Estimate the number and type of Approximately 0 low- and moderate -income families that will benefit from the households will benefit from the proposed activities proposed activities during the 2023.-2024 program year Location Description N/A Planned Activities No activities during the 2023-2024 program year. Possibility of activities in program years 3-5 of remaining consolidated plan cycle. 62 2 Project Name Housing Preservation Target Area Citywide Goals Supported Affordable Housing Needs Addressed Preserve Existing Housing stock Funding CDBG: $0 Description Preservation of the quality of existing affordable housing stock occupied by low- and moderate -income households, renters, and owners. Target Date 6/30/N/A Estimate the number Approximately 0 low and moderate -income people will benefit and type of families from the proposed activity during the 2023.-2024 program that will benefit from year. the proposed activities Location Description Citywide Planned Activities No activities during the 2023-2024 program year. Possibility of activities in program years 3-5 of remaining consolidated plan cycle. 63 3 Project Name Services for Low- and Moderate -Income Residents Target Area Citywide Goals Supported Public Services Needs Addressed Provide public services for low-income residents Funding CDBG: $37,334 Description Provide lower -income persons with appropriate health, fitness, recreational, educational, and other services, including, but not limited to, childcare, before and after school care and healthcare services to support the well-being of low- and moderate -income families. Target Date 6/30/2024 Estimate the number Approximately 358 low- and moderate -income people will and type of families benefit from the proposed activities. that will benefit from the proposed activities Location Description Citywide Planned Activities Assistance League of Temecula Valley (62 children) CDBG: $7,236 Boys and Girls Club (8 children) CDBG: $7,236 Fair Housing of Riverside County — Comprehensive Program (280 persons) $15,626 Habitat for Humanity — Path to Homeownership & Financial Wellness Program (8 persons) $7,236 64 4 Project Name Services for Residents with Special Needs Target Area Citywide Goals Supported Public Services Needs Addressed Public services for residents with special needs, seniors, and veteran residents. Funding CDBG: $28,944 Description Provide supportive services for residents with special needs, including, but not limited, to those services addressing the needs of residents with disabilities, domestic violence, substance abuse; HIV/AIDS; seniors, and veterans with appropriate supportive services, including, but not limited to, those related to health, fitness, recreational and educational services. Target Date 6/30/2024 Estimate the number Approximately 95 special needs and low and moderate -income and type of families people will benefit from the proposed activities. that will benefit from the proposed activities Location Description Citywide Planned Activities SAFE Alternatives for Everyone (42 persons) CDBG: $7,236 Voices for Children (CASA) (5 children) CDBG: $7,236 Riverside County Rape Crisis Center (12 persons): $7,236 Hospice of the Valleys — Senior Assistance Program (36 persons) $$7,236 65 5 Project Name Services for the Homeless & those at risk of homelessness Target Area Citywide Goals Supported Homeless Needs Addressed Provide public services to the homeless and those at risk of homelessness Funding CDBG: $22,862 Description Support a continuum of services in Riverside County to prevent and eliminate homelessness including, but not limited to, supportive services for the homeless and those at -risk of homelessness, including homelessness prevention programs, emergency shelter programs and transitional housing. Target Date 6/30/2024 Estimate the number Approximately 176 homeless or at -risk of homelessness people and type of families will benefit from the proposed activities. that will benefit from the proposed activities Location Description Citywide Planned Activities Homeless Prevention and Diversion Program (16 persons) $15,626 Community Mission of Hope (160 persons) $7,236 6 Project Name Public Facilities and Infrastructure Improvements Target Area Citywide Goals Supported Non -Housing Community Development Needs Addressed Improve Neighborhoods, Public Facilities, and Infrastructure Funding CDBG: $413,863 Description Improve City of Temecula public facilities and infrastructure to benefit low- and moderate -income residents or those presumed under HUD regulations to be low- and moderate - income such as the elderly and disabled adults. The City anticipated averaging approximately one accessibility activity a year. Target Date 6/30/2024 Estimate the number 7,805 disabled residents in the City will benefit from the 2023- and type of families 2024 CDBG removal of architectural barrier activities. that will benefit from the proposed activities Location Description Citywide Planned Activities Temecula Public Works Dept. — ADA Compliance Program (7,805 persons): $413,863 7 Project Name Program Administration Target Area Citywide Goals Supported All Needs Addressed All Funding CDBG: $118,854 Description Provide for the timely and compliant administration of the CDBG programs in accordance with HUD policy and federal regulations. HUD requires the City to represent Administration funds as a "goal" within the Strategic Plan so that the sources of funds (refer to Section SP-35) are fully allocated to goals Target Date 6/30/2024 67 Estimate the number Not applicable. and type of families that will benefit from the proposed activities Location Description Not applicable. Planned Activities City of Temecula: CDBG Administration $118,854 .: AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Temecula is located along Interstate 15 (1-15) in southwestern Riverside County, just north of the San Diego County line. The City of Temecula will use CDBG funds to address the needs of the 7,805 persons with disabilities in the City by removing architectural barriers in City -owned public improvements and facilities. This will be done by addressing the ADA components and priorities identified in the City's Americans with Disabilities Act (ADA) Transition Plan. The City of Temecula is an exception community under the CDBG Program with only three census tracts where at least 51 percent of the residents are of low and moderate income. These scattered tracts (CT 432, 496, 505, 512) are located where there are existing apartment complexes. See Appendix D for a map identifying census tracts with greatest number of low- and moderate -income person. According to the adopted Assessment of Fair Housing, the City remains a diverse and integrated community with no significant concentrations of minorities. The City has no Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) and that the City's dissimilarity index score and mapping all indicate a highly integrated community. Table 10 - Geographic Distribution Target Area Percentage of Funds CDBG Target Area 0% Citywide 100% Rationale for the priorities for allocating investments geographically The City's primary method of allocating CDBG dollars is to assist low- to moderate -income areas and special needs populations. While 100% of the funds will be used to address the needs of lower income persons, none of the 2023-2024 Program Year funds will be used exclusively in eligible target areas, because the City will be addressing ADA needs in accordance with the AFH. For affordable housing, the City's resources will be allocated in areas where affordable housing is lacking and/or infill areas can accommodate affordable housing, when feasible. During Program Year 2, the City is allocating resources to those activities/programs defined as high priority pursuant to those established within the Consolidated Plan. Activities listed as high priority include facility and infrastructure improvements including accessibility upgrades; and a provision of services including childcare, clothing, food, fair housing, shelter, health care, victims of domestic violence, assistance to persons with disabilities and other social services and homeownership. As mentioned in the City's Strategic Plan, the greatest obstacle to meeting underserved needs is lack of funding. The City has many needs that exceed available funding, including infrastructure maintenance and repair, housing, and services to special needs populations, comprehensive housing, and services to assist persons who are chronically homeless move into supportive housing environments and provision of affordable housing. Both private foundations and public agencies have limited resources available to address social, community, and economic development goals pale in comparison to the recognized needs. For example, the City was able to fund only about 70 percent of the public service requests received from non-profit and government agencies this fiscal year. The City strongly encourages its subrecipients to seek other resources, to forge new partnerships, and to leverage additional funding whenever possible from local, State, Federal, and private sources. The City urges CDBG- funded programs and services to be flexible, while at the same time to be as efficient and effective as possible to achieve expected performance outcomes. Discussion Based on the Strategic Plan, the City is allocating 100 percent of its non -administrative CDBG funds for program year 2023-2024 to projects and activities that benefit low- and moderate - income people. The City does not have any Neighborhood Strategy Areas. 70 AP-55 Affordable Housing — 91.220(g) The 2022-2026 Consolidated Plan provides the framework for investing CDBG funds in the City. Promote the development of affordable housing and preserve the existing housing stocks have been identified as high priority needs. No new affordable housing will be created in program year 2023-2024. Based on evaluation of ACS and CHAS data, there is a high need for additional rental housing units affordable for households earning less than 80 percent of AMI. Of the households earning 0-80 percent of AMI, 10,715 are cost burdened households — meaning households paying more than 30 percent of their income for housing. Furthermore, 4,645 of those households are considered severely cost burdened— meaning they pay more than 50 percent of their income for housing. Within the severely cost burdened households, 2,965 are renters and most of those households (2,150) earn less than 50 percent of AMI and are considered the most at risk of becoming homeless. The age and condition of Temecula's housing stock is an important indicator of potential rehabilitation needs. Over 90 percent of housing in Temecula has been constructed since 1980. Commonly, housing over 30 years of age needs some form of major rehabilitation, such as roof replacement, foundation work and plumbing systems. Housing over 20 years of age will generally exhibit deficiencies in terms of paint, weatherization, heating / air-conditioning systems, hot water heaters and finish plumbing fixtures According to CHAS data showing the year housing units were built categorized by owner and renter tenure: • Built 2000 or later 8,290 or 38 percent of the 21,600 owner -occupied housing units • Built 1980-1999 11,920 or 55 percent of the 21,600-owner occupied housing unit • Built 2000 or later 4,900 or 41 percent of the 12,045 renter -occupied housing units • Built 1980-1999 6,050 or 50 percent of the 12,045 renter occupied housing units Preservation of the physical and functional integrity of existing housing units occupied by low - and moderate -income households is a cost-effective way to invest limited resources to retain existing housing units that are already affordable to low- and moderate -income households in the community One Year Goals for the Number of Households to be Supported Homeless 0 Non -Homeless 0 Special -Needs 0 Total 0 71 Table 11- One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 0 Table 12 - One Year Goals for Affordable Housing by Support Type Discussion The City funds residential rehabilitation with CDBG. Although no application was received for the 2023-2024 program year, applications are anticipated in subsequent program years. This program does not provide adequate to address the need in Temecula. State, other federal, and private resources are necessary to have a greater impact. The City approved Affirmed Housing proposal to re -syndicate and rehabilitate the 76-unit Mission Village apartments to preserve affordable housing in the City. This projects construction was completed in 2021. The City of Temecula has made progress on increasing the supply of affordable housing. It has done so by, adopting an Affordable Housing Overlay Zone ordinance as an incentive for the construction of affordable housing by the private sector. Additional progress includes two projects that are currently under construction, Las Haciendas with 77 units and Rancho Las Bolsas with 55 units. One project that recently received additional funding from the City to make the project more competitive for tax credits, that project being Vine Creek with 60 units. Lastly, the City is currently in negotiations on an additional 6 units through Habitat for Humanity. 72 AP-60 Public Housing — 91.220(h) Introduction There are 184 units of assisted housing in Temecula, 129 of which are Housing Choice Vouchers and 55 of which are Project Based Section 8. As of September 2022, 138 families including 93 of whom have disabilities and some of whom are elderly. There are no public housing developments in Temecula. All public housing programs consist of housing choice and project -based vouchers administered by the Housing Authority of the County of Riverside (HACR). HACR monitors all units to ensure they are in adequate condition, meeting the Section 8 Housing Quality Standards (HQS). Actions planned during the next year to address the needs to public housing There are no public housing developments or units planned for the City of Temecula in the next year. HACR will continue to actively support and assist Temecula residents with Housing Choice Vouchers. Actions to encourage public housing residents to become more involved in management and participate in homeownership HACR maintains active resident councils at all public housing developments and includes resident members on its Board of Directors. HACR constantly seeks feedback from residents on improvements and planning documents to ensure activities are meeting the needs of residents. HACR maintains a home ownership program for current public housing tenants through its Homeownership Program. HACR also links its Homeownership Program with its Family Self - Sufficiency Program to help households save money for a down payment through an escrow account. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not applicable. HACR is designated as a High Performing PHA. Discussion According to the Housing Authority, there are 138 households receiving tenant -based Section 8 vouchers and 26 project -based Section 8 vouchers in Temecula. 73 AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City will invest CDBG funds during the 2023-2024 Program Year to address high priority needs identified in the Consolidated Plan including provision of supportive services for the homeless and those at risk of homelessness, low- and moderate income, special needs, senior residents, victims of violence, and persons with disabilities. Homelessness Services The January 2022 Point -In -Time Homeless Count revealed on any given night in Riverside County, approximately 3,316 people are homeless, up from 2,884 counted in a prior effort undertaken in January 2020. On January 2022, 1,336 people in shelters and 1,980 people without shelter. To address incidences of homelessness in the City and to prevent extremely low-income Temecula families from becoming homeless, the City will place a high priority on programs that work to prevent homelessness or rapidly connect homeless individuals with housing and supportive services. To address this need, in Program Year 2023-2024 the City will support a continuum of services utilizing leveraged funds through the Riverside County CoC to prevent and eliminate homelessness including, but not limited to homelessness prevention and housing counseling programs, outreach, food and subsistence payment programs. These programs will be run by the City of Temecula and Community Mission of Hope. Services for Residents with Special Needs Analysis of available data and consultation with organizations providing services for special needs populations revealed a high need for a range of additional services including, but not limited to those concerned with developmentally disabled adults and victims of violence. To address these needs, the City will allocate CDBG funds for public service activities that will provide services for low-income seniors, victims of violence and children. These projects will be carried out by the Assistance League of Temecula Valley, the Boys & Girls Clubs of Southwest County, the Hospice of the Valley, Riverside Area Rape Crisis Center, SAFE Family Justice Centers, and Voices for Children. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's one year goal to provide services to the homeless and those at risk of homelessness is one step in ending homelessness. Activities under this goal include outreach and assessment and will be provided through the City of Temecula's Homeless Prevention and Diversion program's short term subsistence payments and the Community Mission of Hope's Housing Resource — Case management Program's housing counseling and food pantry. 74 Addressing the emergency shelter and transitional housing needs of homeless persons The City of Temecula supports the efforts of the Riverside County Continuum of Care (CoC) and its member organizations that address homelessness. As described earlier, the City supports local nonprofit agencies who provide emergency rental assistance and housing counseling to low- and moderate -income residents to prevent homelessness. The City at this point in time is not funding any of these activities with CDBG funds, however, it should be noted that the City of Temecula's CDBG-CV funds (in the amount of $55,000) are awarded to a Homeless Bridge housing activity for those who have been negatively impacted by COVID-19. it will ensure that transitional housing is provided to this vulnerable population. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again To keep families who are at risk of homelessness due to domestic violence housed, the City will provide CDBG funds to the SAFE Alternatives for Everyone Program to provide victim awareness, case management, and support for victims. In situations where the services for this clientele group comes to receive services, most if not all are also addressing a change to transition to other permanent housing. Whether that is coordination to some type of temporary shelter, other family homes, friends, it ensures that the resident is removed from the situation and housed for their own safety. The types of services and case management have been far more effective when being able to get the victim and their children if they have any out of the situation for which they called in for. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City participates in the Riverside County CoC. The Riverside County CoC Ten -Year Plan to End Homelessness included a goal to establish County wide protocols and procedures to prevent people from being discharged from public and private institutions of care into homelessness. The CoC is seeking to improve coordination among publicly and privately funded institutions of care 75 and local service agencies to achieve this goal. Discussion With limited CDBG resources available, the City is investing in public service grants. City of Temecula considers working to end and prevent homelessness a high priority and will support CDBG funded activities that help prevent homelessness and that provide a structured path to stable housing for individuals and families who become homeless. The City is investing general funds through the Police Department budget to provide HOT Program officers that will connect unsheltered homeless individuals and families with emergency shelter, transitional housing, and permanent housing opportunities, as well as other services to address special needs such as drug and alcohol rehabilitation and mental health services. The City will continue to take a leadership role in the Southwest Riverside County Homeless Alliance team meetings, where homeless providers will collaborate in addressing the homeless needs. 76 AP-75 Barriers to affordable housing — 91.220(j) Introduction: A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, cost of land and monetary resources. Barriers to affordable housing are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the 2022 Analysis of Impediments to Fair Housing Choice, Consolidated Plan Resident Survey, the 2021-2029 Housing Element and market analysis, the primary barriers to affordable housing in Temecula are • housing affordability, • the lack of monetary resources necessary to develop and sustain affordable housing, • concentrations of racial and ethnic minorities, • access to opportunities and exposure to adverse community factors, and • housing issues. These barriers are interconnected. Demand for affordable housing exceeds the supply, insufficient resources are available to increase the supply of affordable housing resulting in renter households — and to a disproportionate extent Black, Native American, and Hispanic renter households - living in suboptimal housing conditions. Those conditions are housing cost burden, incomplete kitchens, and plumbing, overcrowding, cost burden, inordinately great distances from employment centers, low access to public and affordable transportation, low homeownership rates and high exposure to poverty. As Temecula's population continues to change it should anticipate meeting the needs of a small and increasing proportion of the population in Temecula has limited English proficiency, an aging population and those posed by increasingly diverse population and degree of segregation trends. In the last five years, the elimination of local Redevelopment Agencies by the State of California resulted in the loss of a crucial resource for the development and preservation of affordable housing. This was the most significant public policy change impacting affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets tied to the former Redevelopment Agencies may be utilized today, these resources are finite and scarce. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning 77 ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment To address these barriers the City will work to take the following steps. • Investing CDBG into preservation of affordable housing and continuing to leverage CDBG funds to attract private and other available public resources, • Marketing CDBG-funded programs in high poverty areas in a way that is accessible to low- income residents, • Promoting or targeting CDBG funded non -housing activities to high poverty areas, • Promoting fair housing education for tenants and homebuyers, and landlord and realtors, • Maintaining fair housing resource on the City website and maintaining housing and a community development resources list • Launching a Permit Ready Accessory Dwelling Unit program Additionally, in 2018, the City adopted an Affordable Housing Overlay (AHO) ordinance, which addresses the need for affordable housing in three ways. First it created the conditions for the development of new affordable housing units in a range of sizes including micro units and efficiencies that may be beneficial to developmentally disabled adults. The AHO also removed barriers to affordable housing development by allowing multi -family uses at higher densities by right without a conditional use permit. The AHO established this zone on at least 100 acres throughout the City to promote inclusive living patterns with respect to the location of affordable housing outside of areas with relatively higher exposure to poverty. The City will continue to work with developers in accessing other funds to address the affordable housing needs. Discussion: Although the City no longer has Redevelopment funding, the City will continue to leverage its local funds to attract private and other available public resources, including land conveyed to the City for affordable housing, to facilitate affordable housing development. This strategy will increase the supply of affordable housing and preserve existing affordable housing in the City. m AP-85 Other Actions — 91.220(k) Introduction: The City's planned investment of CDBG funds through the 2023-2024 Action Plan will address obstacles to fostering development of and maintaining existing affordable housing; evaluating and reducing lead -based paint hazards; reducing the number of families living in at or below the poverty line; developing institutional structure; and enhanced coordination among collaborative agencies and organizations. Additionally, this section will identify obstacles to meeting underserved populations needs and propose action to overcome those obstacles. Actions planned to address obstacles to meeting underserved needs The primary obstacles to meeting the underserved needs of low- and moderate -income people include lack of funding from federal, state, and other local sources, and the high cost of housing. To address this obstacle, at least in part, the City is investing CDBG funds in local nonprofit organizations to address the public service needs of those who are homeless, at risk of homelessness, seniors, and victims of violence. To address underserved needs, the City is allocating 100 percent of its non -administrative CDBG funds in Program Year 2023-2024 to projects and activities that benefit low- and moderate - income people or people presumed under HUD regulations to be low- and moderate -income. Actions planned to foster and maintain affordable housing In the implementation of the 2023-2024 Annual Action Plan, the City will invest CDBG funds to preserve and maintain affordable housing through the Habitat for Humanity Critical Homeownership and Financial Wellness courses to ensure that those who are in the process of purchasing a home that they are assisted in the process and are getting into a home that they can afford. Actions planned to reduce lead -based paint hazards The Residential Lead Based Paint Hazard Reduction Act of 1992 (Title X) emphasizes prevention of childhood lead poisoning through housing -based approaches. Because nearly all of the City's housing stock was built after 1978, it is rare for the City to encounter lead -based paint hazards as part of its housing rehabilitation program. Should a hazard exist, the City will require lead - based paint testing and risk assessments for each property assisted that was built prior to January 1, 1978, and safe work practices or abatement into the scope of work as required to reduce lead- 79 based paint hazards in accordance with 24 CFR Part 35. Actions planned to reduce the number of poverty -level families The implementation of CDBG meeting the goals established in the 2022-2026 Consolidated Plan - Strategic Plan and this Annual Action Plan will help to reduce the number of poverty -level families by: • Supporting activities that preserve the supply of decent housing that is affordable to low - and moderate -income households; • Supporting a continuum of housing and public service programs to prevent and eliminate homelessness; • Supporting housing preservation programs that assure low income households have a safe, decent and appropriate place to live; and • Supporting public services for low- and moderate -income residents including seniors, victims of violence and those with special needs and those at -risk of homelessness offered by nonprofit organizations receiving CDBG public services grants. In addition to these local efforts, mainstream state and federal resources also contribute to reducing the number of individuals and families in poverty. Federal programs such as the Earned Income Tax Credit and Head Start providing pathways out of poverty for families who are ready to pursue employment and educational opportunities. Additionally in California, the primary programs that assist families in poverty are CaIWORKS, CalFresh (formerly food stamps) and Medi-Cal. Together, these programs provide individuals and families with employment assistance, subsidy for food, medical care, childcare and cash payments to meet basic needs such as housing, nutrition and transportation. Other services are available to assist persons suffering from substance abuse, domestic violence and mental illness. Actions planned to develop institutional structure The institutional delivery system in Temecula is high -functioning and collaborative —particularly the relationship between local government and the nonprofit sector comprised of a network of capable non-profit organizations that are delivering a full range of services to residents. Strong City departments anchor the administration of HUD grant programs and the housing, community and economic development activities that are implemented by the City support and enhance this existing institutional structure. Actions planned to enhance coordination between public and private housing and social service agencies Actions planned to enhance coordination between public and private housing and social :E service agencies To enhance coordination between public and private housing and social service agencies, the City will continue consulting with and inviting the participation of a wide variety of agencies and organizations involved in the delivery of housing and supportive services to low- and moderate - income residents in Temecula —particularly in the CDBG Target Areas. Discussion: In the implementation of the 2023-2024 Action Plan, the City will invest CDBG resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead -based paint hazards, reduce the number of poverty -level families, develop institutional structure and enhance coordination between public and private housing and social service agencies. 151 AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: In the implementation of programs and activities under the 2023-2024 Annual Action Plan, the City of Temecula will follow all HUD regulations concerning the use of program income, forms of investment, overall low- and moderate -income benefit for the CDBG program and recapture requirements for the HOME program. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before $0 the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be $0 used during the year to address the priority needs and specific objectives identified in the grantee's Strategic Plan 3. The amount of surplus funds from urban renewal settlements $0 4. The amount of any grant funds returned to the line of credit for which the $0 planned use has not been included in a prior statement or plan. 5. The amount of income from float -funded activities $0 Total Program Income $0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of three (3) years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate 100.00 income. Specify the years covered that include this Annual Action Plan. Discussion: In the implementation of programs and activities under the 2021-2022 Annual Action Plan, the City of Temecula will follow all HUD regulations concerning the use of program income, forms of investment and overall low- and moderate -income benefit for the CDBG program. IN Consolidated Plan and Action Plan Appendices Alternate / Local Data Sources.......................................................................................Appendix A Citizen Participation and Consultation........................................................................... Appendix B Grantee Unique Appendices........................................................................................... Appendix C Grantee SF-424s and Action Plan Certifications.............................................................Appendix D Appendix A Alternate / Local Data Sources 1 Data Source Name Riverside County 2022 Homeless Count Report List the name of the organization or individual who originated the data set. The County of Riverside Department of Public Social Services Homeless Programs Unit Provide a brief summary of the data set. There are 3,316 adults and children who are homeless during a point -in -time in the County of Riverside according to the Riverside County 2022 Homeless Count and Subpopulation Survey. This represents a 15%% increase when compared to the number of homeless persons who were counted in 2020. What was the purpose for developing this data set? To meet HUD requirements. Provide the year (and optionally month, or month and day) for when the data was collected. The homeless count was conducted on the streets during the hours of 5 a.m. and 9 a.m. on January 2022. The count was also conducted on the same day in shelters and transitional housing programs throughout the county. Briefly describe the methodology for the data collection. Data collection was obtained using HUD -required methods for the conduct of a PIT Count. Describe the total population from which the sample was taken. Per HUD's instructions, a person was considered homeless, and thus counted, only when he/she fell within the HUD -based definition by residing in places not meant for human habitation, such as cars, parks, sidewalks and abandoned buildings; in an emergency shelter; and In transitional housing for homeless persons. Describe the demographics of the respondents or characteristics of the unit of measure, and the number of respondents or units surveyed. See AP-65 2 Data Source Name 2022 CoC Homeless Program Inventory Point in Time (PIT) Count List the name of the organization or individual who originated the data set. Riverside County Department of Public Social Services (DPSS) Provide a brief summary of the data set. Provides the inventory of emergency, transitional and permanent supportive housing beds. What was the purpose for developing this data set? To monitor the effectiveness of HUD programs in addressing the needs of the homeless population How comprehensive is the coverage of this administrative data? Is data collection concentrated in one geographic area or among a certain population? The PIT covers the entire County's homeless population including Temecula. What time period (provide the year, and optionally month, or month and day) is covered by this data set? January 2022 What is the status of the data set (complete, in progress, or planned)? Complete. Appendix B Citizen Participation and Consultation NOFA Workshop Notice THE PRESS -ENTERPRISE h UHI'101. hE1F54NTJ1I TP0'k: M— The PreS5-ErilefprlSe 3512 14 Sbwt RIK*f e. CaI1.Mrnla 925D1 19fi17 i5 ,322B City of Temecula 41000 Malin St. Tarnecurk Cauiornla 92590 Publication: The Press•Enterpilse PR04F OF PUBLICATION OF Ad Desc:ODI1568543 FILE NO. 0011568843 PROOF OF PUBLICATION I am a citizen of the Unified States. I am peer the age of eighteen years and not Patty to OF interested in the above- entiled matter. I am an authorized reprawniative of THE PRESS -ENTERPRISE, a newspaper of general ciiculalion, prlrned and pubilshed dalty In the county of Riverside, and which newspaper has been adjudicated a newspaper of general dreulation by the Superior Court of the County of Riverside. State of Calkrnla- under dale of Apn1 25. 1952, Case Number 54446, tinder date of March 29, 1957. Case NllmtYef 85673, under date of,august 25, 19M, Ca 52 NIJMMr 267664, and undef dare of September 15. 2013. Case Number RIC 13(19013: that the notice, of which the arines:ed Is a prinlad copy, has been punnshed 11 said newspaper 11 acoordanoe with the Insirutrdns 01 the persniNs) requesting Publication, and not in any supplemer# trerepf on the folkMlhq dates, to wit 11199i2022 1 ocniry (or declare) LMder the penaly OF perjUry that the Me"inilg Is Irue and correct_ Date: November 3. 2022. At: klverslde, callfomla "V4 /�_ signature See Proof an Next Page CDBG FY2022-2023 - NOFA (5268853) - Page 1 of 2 CI Tf GF TIE M ECU L96 COMMUNITY MEETING NOTICE COP+IM1)HITY PEVELQFIAENT 0LIKKGRAmT MDEIG) FlStALYEAR 2022-2U23 NOTICE OFFUNDINGAVA1LAB ILITY (NOrA) Ttw City 01 Terneculuunnu[Illy rw.elvesCrrinrnunlry Vevelwmenl 8kKKGranl {CIDS G) oresrrurntunUs tram IFf"� U.S. Dw3r-trntul of Pluu*lnl@ and Urban DrYrr-laurnmt 1"UD). Trre CI lr 1t now ucr;'Pring apFfl IccYllans for CD6{3 fmod'I ng under li s Flscul War (FY) 2V22-23 HU D forinulu erl fl rlerl lens s. Two cammunity meell nus wll I be hel4J by the Clly of Temeru In on rThursdold Dge4nitYr 1, 2022 al ma airn. nod Nm5mtl 66ng held AI i-04 p-m- Temrerin CMMWWly Oenfer: 2#A1d PPklkd Street, re , rimecu CA 909m. The Ixlrpose of these meetlllgs is to discuss the C11y's CDOG ppro4rn n and lundlrw for FY 2022-23, and 10 oroVkCW tpc:nnkpl ps#IST{jnCp t4 ri*i1pr*IIt mcinIzurlars 154A (c) (3)] 4:ih(1 004Wnr"mi fln4ll " 1h01 will be %vk)m1jl1n5j fm cloolk 4rW0 ri'ovesruY9 (:DBG fwas from MO CIly Of TelY1eCVI*. All (luer1(Ye9 ar entltlesapplylnp for CDBGfurYdIngass Ystoncemuslcoml)leteanarrplIcutl8nandsubmilldYthe requIred tleadrine. All lrlterented ckFlxens are lnvkrecl to attend antl rxlrticWale In the meetlnp. Dlscusalon and clllmo inoul n4garuin4 community mvepool'r1Nlr ana nousirT¢ rr ". UCIIons for urtlrnldnYklr TurtmCrlrl:r Fair housing {vla the Falr Housing TOctinlcal Assistance Panel}, review of nraprom nerfarmance. and the develonment of pro Posed CDE%5 actlultles for the Clty Annual Acflon Plan (RAP) for FY 202-2-23 bettlnnlna July L 02213 stronrily encdurcimed. TRe fallowing Is tin apl)roxIn-ote timeline for theawarding of annual f inrds- SdhlNWj*1 mii ened ru"i" Tiurwhine CDBGap iIcotlonsplsserolnute"YallableonIkne November 15r2072 CIJtl(9uvcrvWwtpMuuPYlcullunU laluncxrwur"lruo [mLITIucr1,2Q22 Deadline Tor subrnlsslon aT aPDIXa 1cns December I& 2M Finance Committee Revlew FebrfrarYZM 34-aay mbl lc rewlim fur Dratf Annual ,4cl Ion Plan( AA P) March 2T - ANri 12S, 3423 C Illy C amic I I PuMI5 "wrYrlu Oil AAP April 25, 2023 Program Year begins J u1v 1 2D23 Proti' 11t leciw<j rd letters to 9ront 3ubrK iplent5 J uIY 2b23 LIM IT Ea EHGLI SH PROFICI EHCT (LEP) SI nvr.rsllri m[rs Inforimcl6n sabre cste,, nwlso 0 In trnouCr,16a de dqipUrnentpy en e5pirdhol, cornunlgYYcge ton Brandon Rnbldbudl (951) 5R6-5142{TTY:951-30&63") KLrnu WIIfln9an r o nu mall' Pang Impormnsvan lungkol Su ablsorr4 Ho Ix sa Salln rna maa Mkumenlo sa Tagalog, tawagan sI Brandon RcZIdau so 1951) 506-3142 (TTY: 951-MB-6344) Please direct any mesTlons b Frank Perez, CDBG Program Car[sultard, at 4951) 643-3WR or frank. Perer,�&Ternecu IaC R.9ov . Persons neer l nv special accammodatlona. or a translator should make 4helr requ t one week before the me�-ting so that Ire City can assure the special needs pre met- For rnarg InMrrnaflan an the pro ram and to download the appllcalkrn, please visit the CdY'S webslter htttp- W Vw-Tg7TlecuIaCA-q9 PU41tsir H44RI�nn4Cr 3r 24 The Press-Elltarpr!wv Pubibllod! 11?3+32 DDBG FY2022-2023 - NOFA (5268853) - Page 2 of Finance Committee Public Notice In compliance pith the Americans Disabilities Act, if you need speoal assistance to participate in this meedng. please contact the City Clerks Department at 951-04- 4#4. Not&udon48 hUM priarto ameeting mill enable die Ciry to mare reasonable a wVKnents to ensure a¢essibility to diat meeting [2C C'FR 35.1 a2.35.104 A]DA Title H] NJEETU GitiOTICEIAGENDA FEti C CE SU BC OJi MTTEE GRE kl OAK CONFERENCE R0O3I 41000 KUN STREET TENIECU L 1- C ALIFORYL-i FEBRU ART 14, 2023 — 4:00 P-lI CALL TO ORDER: ROLL CALL: Mayor Pro Tem James Steuart and Council ?member Brenden Kalfus PirBLIC COM-lfENTS A total of 15 minutes is prmided for members of the public to address the Committee on items that are not listed an the agenda. Each speaker is limited to three minaltes. If the speaker chooses to address the C".omnlittee an an item not listed on the agenda a R,egllest to Speak form may be filled out and filed with the staff liaison Once the speaker is called to spear please came forward. For all items on the agenda a Request to Speak form my be filed with the staff liaison Can those itevls, each speaker is linuted to five numites. C:O-V=TEE BUSLNESS 1. Funding Recommendations for 2023-2024 C:DBG :applications ADdOLR-KNEE T February L 2.023 Date Baud : City Cleric NOTICE TO THE PUBLIC: The full agenda packet (Including staff reports and any supplemental material available after the original pasting of the agenda), mill be available for public ViePrng in the main reception aiea of the Temecula Civic Center wing normal business hours at least 72 hams pnor to the meeting. The material will also be available on the City's website at TememdaCA.gov and available for review at the respective meeting. If you have questic ms regarding any item our the agenda, please contact the City Clerk's Department at (951) 694-6444. LEP C ampliante: Si necesita mas informaci6m sabre este actiso o la traducci6n de documentus en espaiial, eomuniquese coo Brandon Rabidou al (951) 5M-5142 (TTY: 951 3OB-6344)_ Sung kailangao me ng higit pang impormasyon tungkol sa abisong ito c sa salm ng mga dokumento sa Tagalog, ta9ragan si Brandon Rabidoa sa 951-506-5142 CITY: 951-34B-6344) Summary of Public Comments at Public Hearings and Community Meetings Technical Workshop for Notice of Funding Availability December 1, 2022 Staff answered questions regarding application submittal process and eligibility issues. Temecula Finance Committee Meeting Tuesday, February 14, 2023 10 representatives from agencies that submitted applications for CDBG funds during the Notice of Funding Availability period (NOFA) addressed the Committee on agenda items for representation and availability to address any questions they had about their applications. Finance committee convened and determined funding recommendations for City Council to consider. Public Hearing Tuesday, April 25, 2023 Insert comments once meeting is held. Appendix C Grantee Unique Appendices -a Fiscal Year 2021-22 :iuuual Curullruhrnsive Financial Report LARGEST EMPLOYERS BY NUMBER OF EMPLOYEES Current Year and [dine Years Aga Percent of Percent of Number of Total N amber of Total NAME OF EMPLOYER Employees Emplagment Emplaym Empluvtnent -s afJune 2013 As of Juae 2022 Temecula Valley Unified School District 2594 4.64% 3,000 4.95% Abbott Uborarorica 2A88 3.58% L,500 2.48% Temecula Valley Hospital - O.W% L,009 1.67% Milgard Manufacturing lw.tDBA Ulgard 280 0.50% 515 0.85% Walruart - 0.00% 500 0.83% CWADD Wholesale 343 0.61% 500 0.83% Southv, st Trades ltx 228 0.41% 494 0.90% FFF Enterprises 205 0.37% 366 0.60% M-ys 300 0.54% 295 0.49% Tcmacula Valley WibM Management - 0.00% 274 0.45% Home D--Wt 165 0.30% 25R 0.44% L'HS h{cdlinc 1,700 3.04% 250 DAM Paradise Chevrolet Cadillac - 0.00% 234 0.39% The Soros Company 120 0.21 % 220 0.36% Temecula Valley Toyota 148 0.26% 204 0.34% Target 156 0.28% 200 0.33% Rancho Family Medical Group - 0.03% 200 il.33% Motwola - 0.03% 190 0.3L% City of Temecula 160 0.2Wo 17M 0.29% Garawn Corp. - 0.03% 175 il.29% WitrCo Foods 0.03% 165 0.27% Securita.s Security ScrAws USA, Inc. - 0.03% 140 0.23% Gosch Ford Lincoln Mercury 120 0.21 % 140 9.23% JCPcnney 150 0.27% 13S 9.23% Gpto 27 170 0.30% 135 0.22% DCH Auto Group Tcmceula 274 0.49% 120 0.20% Lowes 150 0.27% 120 il.20% Mercedes -Dena ofTcruccuia - 0.53% 120 1).20% Statcr Brothers Markt Ms 0.21% 115 0. 1.9% Albcrtssoa's 172 0.31% 115 0.Lgf% Atria Vintage Hills - 0.00% 107 0. 1.8% Bomatic. Inc. 0.53% 100 0. 1.7% Kaiser Pcrmancntc 0.03% 100 0. L 7% Bl's Restaurant & RrcwM 0.03% 97 0. 1.6% Sources: City of Temecula Fdtance DeWment aard Temecula Valley Cham6crofComutierct Fiscal Year 2021-22 Annual Comprchcnsiue Fkwmcial Report L7D Appendix D City of Temecula Map of Eligible CDBG Areas City of Temecula CDEG - LOW AND MODERATE INCOME AREA PRAP xI in-2ni s Ar s r Ara IAa of FaEruarr FA 2D797 LECENIt ..� Crrr&OUNUARY = LOW AND MODERATE INCOME 6LOCKWOLJa3 CE14SUS MAC BLOCK GROUP Appendix E Grantee SF-424s and Action Plan Certifications To be inserted after the Public Hearing on April 25, 2023. NOTICE OF PUBLIC HEARING AND AVAILABILITY FOR REVIEW OF CITY OF TEMECULA DRAFT 2023-2024 ANNUAL ACTION PLAN NOTICE IS HEREBY GIVEN that the City of Temecula has prepared a draft 2023-2024 Annual Action Plan. The publication of this notice is the beginning of the 30-day public review period required under Federal Regulation 21 CFR 91.105 (b) (2). The public review and written comment period is March 27, 2023 through April 25, 2023. NOTICE IS HEREBY FURTHER GIVEN that the City will conduct a Public Hearing when the draft annual action plan is presented to the City Council for approval, on following date: DATE: Tuesday, April 25, 2023 TIME: 6:00 p.m. LOCATION: City Council Chambers 41000 Main Street, Temecula, CA 92590 The 2023-2024 Action Plan is the City's application to HUD for Community Development Block Grant funds delineating the projects to be undertaken during the program year. The Action Plan identifies the federal and other resources expected to be used to address the priority needs and goals noted in the City's 5-Year Consolidated Plan adopted by the City Council in 2022. The City expects to receive $594,271 in CDBG funds during 2023-2024. The purpose of CDBG program public hearings is to hear the views of Temecula residents and respond to proposals or questions concerning housing and community development needs, priority non -housing community development needs, proposed strategies and actions for affirmatively furthering fair housing, the development of proposed activities, and a review of program performance. PUBLIC COMMENT Copies of the Draft Substantial Amendment will be available for public review at the following locations: City Hall (Community Development Dept. &City Clerk's Office) Ronald H. Roberts Temecula Public Library 41000 Main Street 30600 Pauba Road Temecula, CA 92590 Temecula, CA 92592 www.TemeculaCA.gov/CDBG The public is invited to submit written comments on the Draft 2023-2024 Action Plan. Questions and written comments regarding the Draft 2023-2024 Action Plan may be addressed to Brandon Rabidou, Principal Management Analyst, Community Development Department, 41000 Main Street, Temecula, California 92590. You may also call (951) 506-5142 with any questions concerning the above documents. All comments relative to the draft document should be submitted no later than 4:00 p.m. April 25, 2023. ACCESSIBILITY TO MEETINGS AND DOCUMENTS It is the objective of the City to comply with Section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendment Act of 2008, the Fair Housing Act, and the Architectural Barriers Act in all respects. If you require public documents in an accessible format, the City will make reasonable efforts to accommodate your request. If you require a disability -related accommodation to attend or participate in a hearing or meeting, including auxiliary aids or services, please contact the City Clerk's Office at least 48 hours prior to the meeting at (951) 694-6444. LIMITED ENGLISH PROFICIENCY (LEP) Si necesita mas informaci6n sobre este aviso o la traducci6n de documentos en espaftol, comuniquese con Brandon Rabidou al (951) 506-5142 (TTY: 951 308-6344) Kung kailangan mo ng higit pang impormasyon tungkol sa abisong ito o sa satin ng mga dokumento sa Tagalog, tawagan si Brandon Rabidou sa 951-506-5142 (TTY: 951-308-6344) Publish: March 27, 2023 Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: April 25, 2023 SUBJECT: City Council Travel/Conference Report PREPARED BY: Luisa Tovar, Executive Assistant RECOMMENDATION: Receive and File. On April 12, 13, 14, 2023, Mayor Zak Schwank, Mayor Pro Tern James Stewart and Council Member Jessica Alexander traveled to Sacramento, CA to attend the League of California Cities City Leaders Summit. ATTACHMENTS: Itinerary LEAGUE OF CALIFORNIA CITIES JV Shared priorities require shared RESOURCES & I -..WAL The time for state funding is NOW! April 12-14, 2023 Sacramento, CA City Leaders SUMMIT Find session materials online at www.calcifes.org/CLS Wifi Network: City Leaders Passcode: Localcontrol23 WEDNESDAY, APRIL 12 8:30 a.m.-5:30 p.m. I Registration Open Ballroom A Pre -Function 10:00-11:15 a.m. Opening General Session Ballroom ATA1 1 Day one of the conference focuses on legislative advocacy. Join Cal Cities leadership and lobbyists for an update on high priority legislation that you will want to advocate on when you meet with legislative officers later in the day. Opening Remarks: Ali Sajjad Taj, President, League of California Cities and Council Member, Artesia Carolyn Coleman, Executive Director and CEO, League of California Cities Moderator. Melanie Perron, Deputy Executive Director, Advocacy and Public Affairs Speakers: League of California Cities Advocacy Team 11:30a.m.-12:15p.m. Member Rally and Press Conference Capitol Park near L Street, between 13th and 14th Streets Join Cal Cities leadership and members for a rally and press availability to advocate for the Governor and Legislature to #InvestlnCities. With a special focus on funding for homelessness and affordable housing, this is our opportunity to get loud and be heard! 12:15-1:30 p.m. Lunch on Your Own Please note: Wednesday afternoon sessions are being recorded 1:30-4:30 p.m. The Shared Path to Preventing and Reducing Homelessness (Dessert and Coffee Ballroom ATA11 Break 2.45-3:00 p.m.) Cal Cities and the California State Association of Counties are holding a special joint convening on collective solutions for preventing and reducing homelessness. Attendees will hear from both state lawmakers and local leaders as they share their perspectives on this challenging topic, as well as the roles, responsibilities, and resources needed to address this crisis. 5:30-7:00 p.m. Legislative Reception sponsored by <CAL CITIES PARTNER West Lobby and Plaza In partnership with the California State Association of Counties, please join us for an evening reception. Relax and enjoy some light hors d'oeuvres and refreshments while networking with your city and county colleagues. 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 League of California Cities 2023 City Leaders Summit 7:00 a.m. 4:30 p.m. 7:30-8:15 a.m 8:30-10:00 a.m. 10:15-11:30 a.m. Concurrent Session 10:15-1 1:30 a.m. Concurrent Session THURSDAY, APRIL 13 Registration Open Ballroom A Pre -Function Networking Breakfast Ballroom A7-Al 1 General Session Ballroom A7-Al 1 Get Them to "Yes"! Persuasive Critical Communication Skills for City Leaders Successful city leaders have the skill set to demand decorum during city council meetings, resolve conflict, set and achieve strategic plans, persuasively communicate with department heads, and powerfully lead community meetings. The key to transforming perceptions, decreasing division and conflict, and increasing community trust is through strengthening the communication skills of everyone in the organization. In this interactive and engaging keynote, attendees will learn how to improve their overall communication skills, receive coaching and guidance as they practice implementing these techniques during group exercises, and apply the concepts learned. Opening Remarks: Susannah Meyer, President, Mayors and Council Members Department and Vice Mayor, Brentwood Keynote Speaker. Tracy Miller, TM Consulting, Expert Communications Coach and Former Senior Assistant District Attorney Strategies for Local Governments to Prevent Organized Retail Crime Ballroom A7-Al 1 Organized theft continues to be a challenge for local municipalities across California. This session aims to introduce new strategies to local leaders to effectively combat this issue. By coordinating the right stakeholders in the public and private sector, you can be a force for change to create a safer shopping experience for your constituents, protect your tax base, and make it harder for your community to be targeted. Moderator. Mike Karbassi, Council Member, Fresno Speakers: Jason Daughrity, Captain, California Highway Patrol Michael Lamb, Organized Retail Crime Investigations Manager, Rite Aid Rachel Michelin, President/CEO, CA Retailers Association Future of Homekey: Motel Conversions Over the Next 10 Years Ballroom A2-A4 Homekey has become a key way to prevent and reduce homelessness. In two years, the program has created nearly 13,000 housing units at an accelerated rate. If funding for Homekey expires, cities will need to find new, creative ways to continue building off the program's success. Prior to Homekey, this expert panel produced hundreds of converted permanent supportive housing units, with these properties later serving as the framework for the State's program. This discussion will explore the future of motel conversions from a state, regional, local, and developer perspective. Panelists will open their playbook to share lessons learned and innovative approaches to zoning, funding, and long-term operations and services. Moderator: La Shelle Dozier, Executive Director, Sacramento Housing and Redevelopment Agency Speakers: Timothy Lawless, Branch Chief, Homekey, Cal Department of Housing and Community Development Michael Massie, Chief Development Officer, Jamboree Housing Corporation Grace Ruiz-Stepter, Housing and Community Development Director, Anaheim League of California Cities 2023 City Leaders Summit THURSDAY, APRIL 13 11:30a.m.-12:30p.m. Networking Lunch Ballroom A7-Al 1 12:45-2:00p.m. Reimagining Emergency Medical Services Through Mobile Integrated Healthcare Concurrent Session Ballroom A7-Al 1 The City of Beverly Hills' Nurse Practitioner Program is an innovative Mobile Integrated Healthcare solution that offers a holistic, patient -centered delivery model. In this session, attendees will learn how the Nurse Practitioner Program enables firefighter paramedics/ EMTs to focus on emergent calls, positively impacts the community's health, treats chronic conditions, and explores potential avenues for reimbursement through the Centers for Medicaid and Medicare. Moderator. Julian Gold, Mayor, Beverly Hills Speakers: Greg Barton, Fire Chief, Beverly Hills Fire Department Marc Cohen, Medical Director, Beverly Hills Fire Department Sean Stokes, EMS Administrator, Beverly Hills 12:45-2:00 p.m. Speed Sessions Concurrent Session Ballroom A2-A4 Moderator. John Minto, Immediate Past President, Mayors and Council Members Department and Mayor, Santee Navigating Housing Challenges Associated with Short -Term Rentals (7245-775p.m.) Short-term vacation rentals have boomed during and post pandemic. Many cities are struggling with how to identify and monitor activities at these properties while striking a balance for their community. Some cities opt to ban or create a cap on the number of short-term rentals while others do not. Learn best practices for every community and help to assure that cities are capturing revenue associated with this exploding industry. Speaker. Dustin Reilich, VP Sales & Government Relations, Deckard Technologies, Inc Best Practices in Addressing Illegal Dumping (7.25-7.55p.m) Illegal dumping of durable waste (e.g., auto parts, household appliances, mattresses, furniture, construction and home renovation waste, and electronics) is different from littering and requires distinct prevention and mitigation strategies. To help policymakers and other stakeholders better understand the significant environmental, economic, and societal harms that illegal dumping creates (both where the dumping occurs and in surrounding communities), this presentation identifies drivers of illegal dumping and explores public policy options to address the problem. Also, hear what several cities have accomplished through implementing pilot projects using these best practices. Speaker: Taylor Grimes, Special Projects Coordinator, Mattress Recycling Council League of California Cities 3 2023 City Leaders Summit 2:15-3:30 p.m. Concurrent Session 2:15-3:30 p.m. Concurrent Session THURSDAY, APRIL 13 City Council and Staff's Role in Workplace Investigations Ballroom A7-Al 1 What if a department head brought a harassment complaint against a city manager directly to a council member? How do you handle the complaint and the department head's requests for updates on the investigation? This session will take attendees through the required legal and policy processes and review what confidentiality means in this scenario. The presenter will also discuss the practicalities of providing public service during an ongoing investigation. Moderator: Lori Ogorchock, Department Director, Mayors and Council Members Department and Council Member, Antioch Speaker. Shelline Bennett, Partner, Liebert Cassidy Whitmore Surplus Land Act and its Housing and Land Use Impacts Ballroom A2-A4 California continues to face a housing crisis and the state legislature continues to pass laws to accelerate the production of affordable housing. The Surplus Land Act seeks to increase housing by requiring public agencies to follow a state-controlled process, including offering public property to affordable housing developers prior to selling or leasing property for other uses. Learn how this law impacts local land use and how to navigate the sale, lease, and use of public property to pursue public -private projects that produce economic development results while staying in compliance with state requirements. Moderator: Larry Kosmont, Chairman and CEO, Kosmont Transactions Services Speakers: Troy Brown, City Manager, City of Moorpark Matthew Cody, Of Counsel, Best Best & Krieger David Zisser, Assistant Deputy Director, Local Government Relations & Accountability, CA Department of Housing & Community Development 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 2023 City Leaders Summit 3:45-5:00 p.m. Concurrent Session 3:45-5:00 p.m. Concurrent Session Universal Inclusionary Housing Ballroom A7-Al 1 This session will discuss expanding inclusionary housing requirements to cover existing rental properties. Many were exempted by the Palmer decision. One approach is with a parcel tax based on the number of rental units, offering inclusionary housing as an in -lieu option. The tax would exempt existing housing developments with affordable housing, significantly expanding affordable housing opportunities. Unlike rent control, it won't affect the new housing starts, which are affected by the existing inclusionary housing regulations. Existing properties, previously protected from inclusionary housing requirements, have government - created lower operating costs. Moderator and Speaker: Stuart Kasdin, Council Member, Goleta Speakers: Ethan Walsh, Attorney, Best Best & Krieger LLP Rob Wiener, Executive Director, California Coalition for Rural Housing Partnering for Protection: Looking Past Jurisdictions to Provide School Safety Ballroom A2-A4 The dreadful rise in school violence often brings unity through grief, but what happens if the city and its partners are united before something so horrific happens? Can it be prevented? Can they work cooperatively while respecting boundaries? Attendees will learn different tactics to cooperate across organizations to provide proactive strategies to address the rising violence in schools. Moderator: Frank Oviedo, Assistant City Manager, Santa Clarita Speakers: Steve Ellis, Administrative Director Student Safety and Security, Corona Norco Unified School District Larry Gonzalez, Chief of Police, Riverside Police Department Save The Dates: 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 2024 CITY LEADERS SUMMIT APRIL 17-19 1 SAFE CREDIT UNION CONVENTION CENTER, SACRAMENTO League of California Cities 2023 City Leaders Summit 7:45 -10:30 a.m. 7:45-8:45 a.m 9:00-10:15 a.m. Concurrent Session 9:00-10:15 a.m. Concurrent Session 10:30 a.m.-noon Noon FRIDAY, APRIL 14 Registration Open Ballroom A Pre -Function Networking Breakfast Ballroom A7-Al 1 How Cities Can Fight Crime with Civil Litigation Ballroom A7-Al 1 Drugs such as meth and fentanyl are a major problem in California. What happens when a property becomes a hotbed for drugs and criminal activity? What can city leaders do? The answer is a Drug Abatement lawsuit, codified at H&S 11570 et seq. This is a powerful civil tool that allows public agencies to shut down drug properties. The city can also recover its attorney fees and costs for the lawsuit making it cost -neutral for the city. Moderator and Speaker. Ryan Griffith, Attorney & Receiver, Bay Area Receivership Group Speaker: Adam Abel, Assistant City Attorney, Santa Rosa Why a Balanced Masculine and Feminine Leadership Approach Matters Ballroom A2-A4 Seventy-six percent of employees are disengaged at work. Staff eventually leave because they don't feel seen, heard, or appreciated. Who knew the answer to this lies in a TV show called "Ted Lasso"? Ted Lasso's leadership style, which combines both feminine and masculine traits, is vital for organizations because it demonstrates the effectiveness of a holistic and inclusive approach to being a leader. Attendees will learn how to rise above the antiquated "Mad Men" way of managing and embrace a Ted Lasso standard of leadership where people are the priority. Moderator. Melissa Hunt, First Vice President, Mayors and Council Members Department and Council Member, Anderson Speaker: Jeff Harry, Positive Psychology Play Speaker, Rediscover Your Play Closing General Session Ballroom A7-Al 1 Citizens, Cities, Resilience: Engage the Never Give Up Mindset Imagine what you could learn from a man who rescued his two small children when they were kidnapped to the Middle East. Attendees will learn about advocacy, resilience, perseverance, and how to overcome obstacles both professionally and personally. Closing Remarks: Ali Sajjad Taj, President, League of California Cities and Council Member, Artesia Susannah Meyer, President, Mayors and Council Members Department and Vice Mayor, Brentwood Keynote Speaker: Scott Lesnick, Global Leadership Keynote Speaker, CSP, Certified Speaking Professional and Author Adjourn SHARE YOUR THOUGHTS! Send us your feedback on the Summit by scanning this QR code. League of California Cities 2023 City Leaders Summit CALIFORNIA CITIES 1400 K Street, Suite 400, Sacramento, CA 95814 www.calcities.org Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: April 25, 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 March 2023. CURRENT PLANNING ACTIVITIES Planning processed forty-two (42) new applications and conducted one (1) Public Hearing in March 2023. A detailed account of planning activities is attached to this report. Planning Statistics March 2023 Long Range Project 9 Conditional Use Permit 2 Massage Permits 2 Modifications 10 Pre -Application 8 Public Convenience or Necessity 1 Temporary Use Permit 5 Zoning Letter 5 Total 42 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 Final SEIR has been completed by the consultant and staff is working on scheduling meeting with the City Council and Planning Commission Subcommittee's. (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. The project is scheduled to go to City Council Old Town Steering Committee meeting on April 11, 2023. (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 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. An environmental consultant has been selected and is under contract to prepare an environmental document for the project. (COOPER) FORE Temecula (PA23-0057): The City is processing a Development Plan for a 213-unit apartment community built on 6.6 acres located at 27468 Ynez Road in the Temecula Town Center Shopping Center. The project is taking advantage of a mixed -use overlay within the City of Temecula General Plan. The project applicant met with the City Council General Plan Update Ad Hoc Subcommittee on March 14, 2023. (COOPER) U-HAUL (PA23-0056): The City is processing a Development Plan for an approximately 40,883 square foot four story self -storage facility located on the southwest corner of Las Haciendas Street and Jefferson Avenue. (COOPER) Firenze Appeal (PA23-0045): The City is processing an Appeal to the approved Firenze Development Plan (PA21-1023). The project was originally approved on January 20, 2023 (APN:921-060-058). (COOPER) Rancho-12 Tentative Tract Map (PA22-0047): A Tentative Tract Map for a 12 lot single-family development located at 31670 Rancho California Road. (JONES) Starbucks Ynez Road Modification (PA22-0722): A Major Modification application to allow revisions to an existing commercial site. Revisions will include fagade and site improvements. The project is located at 27425 Ynez Road. (JONES) White Barn Development Plan (PA22-0874): A Development Plan Application for a proposed 9,100 square -foot daycare facility on the vacant 2.46-acre parcel located at 39970 Cantrell Road. (JONES) Be Good Hotel (PA22-0995): A Development Plan Application to review a four-story hotel featuring nine rooms, restaurant and subterranean parking. The project is generally located on the northwest corner of Fourth Street and Mercedes Street. (JONES) Amazon Delivery Van Parking Lot (PA22-1025): A modification application to allow a parking lot expansion to accommodate delivery van parking. The project is located at 27731 Diaz Road. (JONES) 412 Church Modification (PA22-1093): a Modification Application to convert the existing building into a church and to create an outdoor patio on the south side of the building located at 27919 Jefferson Avenue. (JONES) Better Buzz/Ono BBQ Development Plan (PA23-0030): 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. (JONES) Old Town Town Homes Development Plan (PA22-0941): the City is processing a Development Plan Application for the construction of 14 multifamily residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) 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 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 hard copies have been distributed to the City Council, City Staff, Boards, and Commissions. (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. (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 held a public workshop for the new Permit Ready ADU Program on February 22, 2023. The Permit Ready ADU program will launch on April 1, 2023. (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 has routed the agreement for signature. (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 retained Fehr & Peers (F&P) Transportation Consultants 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, Placeworks, to design and implement the Old Town Parklets. Locations and design themes will be determined throughout the process. Due to the project change, a new contract is currently being drafted with an updated scope and fees from Placeworks. This will include a reduction in the contract amount and term extension. The project kickoff meeting with city staff is anticipated to be set for the end of April. (GARCIA) Complete Streets (LR23-0043): This project will draft a citywide policy for the city to ensure transportation infrastructure is designed to enhance safety, accessibility, and mobility for all users. A Complete Streets Checklist will be developed to be used internally to ensure that transportation infrastructure projects are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents. The City has retained Fehr & Peers Transportation Consultants to draft the Complete Streets Policy, implementation checklist, and mid -block crosswalk criteria. This project is being funded by the Local Early Action Planning (LEAP) grant that was awarded by the State Department of Housing and Community Development (HCD). The Agreement with Fehr & Peers is scheduled to go to City Council on April 25, 2023. (GARCIA) Climate Action Plan (CAP) Baseline Evaluation (LR23-0083): The City was awarded funds from the Local Early Action Planning (LEAP) grant opportunity by the State Department of Housing and Community Development (HCD) to prepare an internal report of the city's baseline Greenhouse Gas Emissions (GHG) inventory. The intent is for the City to have full documentation of a baseline emissions inventory that can be used as the City develops a Climate Action Plan. The City has hired WSP to collect data needed to estimate GHG emissions and include vehicle fuel economy standards, electric vehicle mandates, renewable electricity standards, waste reduction targets, and water use restrictions. The agreement with WSP is currently in the process of gathering the signatures needed for final approval. (GARCIA) Land Use Economic Opportunity Study (LR23-0078): In preparation for the General Plan Update staff has engaged Keyser Marston Associates (KMA) to complete a new Land Use Economic Opportunity Study. Staff is presently working on the agreement, funded through a LEAP Grant and services will commence once executed. (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. The kickoff meeting was held with 18 in attendance, the Development Team has been assigned and consultant is planning for fieldwork in the coming weeks. Fieldwork was performed on March 281h and associated studies will be provided in due time. (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. Staff approached the consultant to include recently approved legislation in their analysis, and was unwilling. For this reason, staff with the assistance of the City Attorney's office will draft the Ordinance and the consultant has been released from the agreement through WRCOG. (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 and recommend technology for monitoring parking in real time. (JONES) ADU Addressing Resolution (LR23-0110): A Resolution of the City Council relating to the addressing of Accessory Dwelling Units (ADU's) and Junior Accessory Dwelling Units (JADU's). State law does not provide guidance or direction on the addressing of these new units being constructed throughout the City, the lack of clarity and consistency was causing frustration and confusion. The proposed Resolution continues our existing addressing policy while allowing a predictable, consistent, and logical addressing of ADU/JADU's. This consent item is scheduled to go to City Council on April 11, 2023. (COLLINS) HOUSING Las Haciendas Affordable Housing Project: The City has approved the construction of 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. Community HousingWorks (CHW), the developer, has opened their interest list to the public on their website (https:Hchworks.org/). The project is currently under construction in Uptown Jefferson. (URIAS) Old Town Temecula Town Homes: The City is reviewing a Development Plan application for the construction of 14 multi -family residential units on the vacant .68-acre parcel located at 42146 Sixth Street. (CARDENAS) Habitat (6) Homes Affordable Project: The City is working with Habitat for Humanity Inland Valley, INC., a California nonprofit developer, to finalize a draft Disposition and Development agreement for the construction of six (6) homes that will be available for purchase to families that qualify under low income or very low-income homebuyer income qualifications. (URIAS) Request For Proposal (RFP) of the Jefferson Ave/Uptown Vacant Parcel: The City is working on starting the process to RFP the vacant parcel located in Uptown on Jefferson Avenue to the South of the French Valley Interchange exit. This parcel has an Affordable Housing Overlay Zone and The City plans to build affordable housing on this parcel. (URIAS) BUILDING & SAFETY Building and Safety statistics for March 2023 are highlighted in the following table. Building & Safety Statistics March 2023 Permits 608 Nmy Single Family Units 65 New Commercial Building 1 Photovoltaic 279 Tenant ImproiTment 9 Non Construction C of 4 44 Number of Active Plan Checks 132 Number of New Plan Checks 347 Number of Finaled Permits 284 Inspections 3265 Inspections Per Day 142 Inspections Per Person Per 36 Stops Per Month 978 �Yrsitors to Counter 1037 New Construction Projects Issued ❑ MRC Rec Bldg Pool Building (1,061 SF) Non -Construction Certificate of Occupancy ❑ The Brunch House (1, 704 SF) ❑ Old Town Nails & Spa (1,200 SF) Tenant Improvement ❑ Silverlake Ramen at the Promenade Mall (1,982 sq ft) ❑ Krispy Kreme (3,901 sq ft) CODE ENFORCEMENT During the month March, Code Enforcement responded to 162 web inquiries. In addition, the division opened 245 code cases, the division opened 238 weed abatement code cases, conducted 443 regular inspections, 970 weed abatement inspections and forwarded 32 referrals. Code Enforcement Statistics Abandoned or Inoperable Vehicle 4 Vacant Home:: Prop. -Maintenance :InfestationN4old 3 Business or Home Occupation w. o license. CUP 15 Trash and Debris f Dumping 29 Overgrown Vegetation . Weeds. Fire Hazard 17 Green Pool / Vector Control i Stagnant Water 2 Graffiti 34 NoimNuisance-Animal Control 17 Trailer: RV 5toredBoat Parking 26 Construction W/o Pemut:Euilding Code 29 Encroach Public ROW.: Trash Cans 21 2: oning: Signs 44 Public Safety & Health 4 Total Number of Caaea 245 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Statistics Maros 2023 Residential - Default 38 Residential - Foreclosure 28 Residential- REO 12 Total - Residandal 78 Commercial - Default 1 Cornmercial - Foreclosure 1 Commercial - REO 0 Total - Commcrcial 2 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 PA23-0089 27165 Madison Ave 910-272-022 Scott Cooper 03/01/2023 04/10/2023 Rachel Steele Midi Kimura PL Temporary Approved Temecula, CA 92590 Use Permit Case Title / Description: Everhome Suites Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of the Everhome Suites project. PA23-0099 31853 Temecula Pky 961-080-007 Yannin Marquez 03/02/2023 03/06/2023 Gary Le CM Design & McDonalds Corp PL Modifications Approved Temecula, CA 92592 Construction, Inc. Case Title / Description: McDonald's exterior MOD: a Minor Modification Application to remove an existing window on the west elevation and modify the entrance door of the north elevation of the existing building located at 31853 Temecula Parkway. PA23-0100 41915 Business Park Dr 921-020-043 Jaime Cardenas 03/02/2023 04/04/2023 Roy Davies Roy Davies International PL Modifications Approved Temecula, CA 92590 Architect Rectifier Co Case Title / Description: Skorpios Technologies ADA MOD: a Modification Application to retrofit the site for ADA compliance. The subject property is located at 41915 Business Park Drive. PA23-0101 940-320-002 03/03/2023 Colin Koch Brookfield PL Temporary Plan Review Temecula, CA Properties Use Permit Case Title / Description: Altair Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of the Altair project. PA23-0102 28544 Old Town Front St., Ste. 922-033-009 Yannin Marquez 03/07/2023 03/30/2023 Alexandria Fair Oaks Valley PL Temporary Approved 203 & 204 Cardenas LLC Use Permit Temecula, CA 92590 Case Title / Description: Love Era Wedding Boutique TUP: a Temporary Use Permit (Minor) for a three-hour grand opening event serving food and alcohol on April 6, 2023, from 6:00 PM to 10:00 PM located at 28544 Old Town Front Street, Suites 203 and 204. PA23-0106 28964 Old Town Front St 922-120-010 Jaime Cardenas 03/10/2023 James Reavis PL Modifications Plan Review Temecula, CA 92590 Case Title / Description: Harley Davidson Paint MOD: a Modification Application for a new paint scheme to the existing Harley Davidson Dealership located at 28964 Old Town Front Street. PA23-0108 40885 Winchester Rd. 910-290-001 Yannin Marquez 03/13/2023 Isaac Nagel Halle Prop PL Modifications Plan Review Temecula, CA 92591 Case Title / Description: Discount Tire MOD: a Modification Application (Planning Review Only) for the new color scheme and storefront of Discount Tire located at 40885 Winchester Road. Page 1 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0109 40455 Birchfield Dr 916-740-084 Scott Cooper 03/13/2023 03/28/2023 Emma Hill Meritage Homes PL Modifications Approved Temecula, CA 92591 of California, Inc. Case Title / Description: Heirloom Farms Garage Door MOD: A Modification to the garage doors at Heirl000m Farms to add obscure clouding to the garage windows. PA23-0111 28822 Old Town Front St 922-093-003 Jaime Cardenas 03/15/2023 Robin Loizu James Demarco PL Zoning or Applied Temecula, CA 92590 Planning Letter Case Title / Description: 19th Hole Golf Carts ZL: a Zoning Verification Letter for the property located at 28822 Old Town Front Street, Suite 101. PA23-0113 41005 Winchester Rd 910-283-007 Jaime Cardenas 03/16/2023 03/22/2023 TACO BELL PL Zoning or Completed Temecula, CA 92591 CORP Planning Letter Case Title / Description: Taco Bell ZL: a Zoning Verification Letter for the property located at 41005 Winchester Road. PA23-0115 40820 Winchester Rd 910-420-030 Jaime Cardenas 03/16/2023 Aaron Temecula Towne PL Conditional Plan Review Temecula, CA 92591 Schindehette Center Assoc Use Permit Case Title / Description: Red Door Escape CUP: a Conditional Use Permit for a proposed escape room facility within the promenade mall located at 40820 Winchester Road, Suite 2000. PA23-0116 27459 Jefferson Ave 909-240-001 Yannin Marquez 03/20/2023 Daniel Shelton Hilbert Group PL Massage Denied Temecula, CA 92590 Permits Case Title / Description: Mi Mi Spa MEP: a new Massage Establishment Permit application for the expired Mi Mi massage license located at 27459 Jefferson Avenue. PA23-0117 41437 Buecking Dr 910-272-020 Yannin Marquez 03/20/2023 Shelley Kennick Pacific Makai PL Temporary Plan Review Temecula, CA 92590 Prop Use Permit Management Case Title / Description: Homerun Hoorah TUP: a Temporary Use Permit for an open house event on April 27, 2023, for OneSource Distributors to display products and services and complimentary food will be provided from 11:00 AM to 2:00 PM located at 41437 Buecking Drive. PA23-0120 41704 Overland Dr 921-480-056 Jaime Cardenas 03/22/2023 Alexis King PL Zoning or Plan Review Temecula, CA 92590 Planning Letter Case Title / Description: 41704 Overland Drive ZL: a Zoning Verification letter for the property located at 41704 Overland Drive. PA23-0121 27548 Commerce Center Dr 921-480-044 Jaime Cardenas 03/22/2023 03/27/2023 Alexis King Red Hat Prop PL Zoning or Completed Temecula, CA 92590 Planning Letter Case Title / Description: 27548 Commerce Center ZL: a Zoning Verification Letter for the property located at 27548 Commerce Center Drive. Page 2 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0122 31677 Temecula Pky 961-080-005 Jaime Cardenas 03/22/2023 03/27/2023 Tara Hood Taco Bell Corp PL Zoning or Completed Temecula, CA 92592 Planning Letter Case Title / Description: 31677 Temecula Parkway ZL: a Zoning Verification Letter for the property located at 31677 Temecula Parkway. PA23-0123 32201 Daybrook Terrace 964-760-008 Scott Cooper 03/22/2023 03/22/2023 Dena Upp Escrow Acct Shawood PL Modifications Approved Temecula, CA 92591 5074 Authorized Communities User Case Title / Description: Sommers Bend PA21 PPP MOD: a Modification (Planning Review Only) to modify the previously approved Product Placement Plan to change the building plotting on lot 8 from 1 C to 4C within Planning Area 21 of Sommers Bend. PA23-0124 40390 Winchester Rd 910-330-011 Yannin Marquez 03/23/2023 Bonnie Smith Lowes HIW Inc. PL Modifications Out Temecula, CA 92591 Case Title / Description: Lowe's LED Fixture MOD: a Modification Application (Planning Review Only) to replace existing exterior metal halide light fixtures with LED fixtures located on the building, exterior canopies of garden center and parking/drive aisles located at 40390 Winchester Road. PA23-0127 26463 Ynez Rd 910-300-014 Eric Jones 03/27/2023 Lauren KIMCO PALM PL Temporary Plan Review Temecula, CA 92591 Robertson PLAZA Use Permit Case Title / Description: Girls Day Out Market TUP: A Temporary Use Permit to allow a one day local market to be held on April 15, 2023 from 11:00 AM to 3:00 PM. PA23-0130 27425 Ynez Rd 921-260-023 Eric Jones 03/28/2023 AmericanWest AmericanWest Maikel Faragalla PL Conditional Plan Review Temecula, CA 92591 Bank Bank Use Permit Case Title / Description: Starbucks Drive-Thru CUP: A Conditional Use Permit to allow for a drive-thru facility at 27425 Ynez Road. (Related application PA22-0722, Starbucks Development Plan). PA23-0131 42636 Avenida Alvarado 909-290-081 Scott Cooper 03/28/2023 03/31/2023 Mario Calvillo MS -Mountain PL Modifications Approved Temecula, CA 92590 View, LLC Case Title / Description: MS Mountain View - Bldg 10 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-0745) to revise the pedestrian access to the trash enclosure located at 42636 Avenida Alvarado. PA23-0132 42648 Avenida Alvarado 909-290-082 Scott Cooper 03/28/2023 03/31/2023 Mario Calvillo MS -Mountain PL Modifications Approved Temecula, CA 92590 View, LLC Case Title / Description: MS Mountain View - Bldg 11 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-0746) to revise the pedestrian access to the trash enclosure located at 42648 Avenida Alvarado. Page 3 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0133 41925 3Rd St 922-044-021 Yannin Marquez 03/29/2023 Amanda Hunter Amanda Hunter Michael PL Massage Plan Review Temecula, CA 92590 Scheinker Permits Case Title / Description: Salon on 3rd, Inc. MEP: a New Massage Establishment Permit for Salon on 3rd, Inc. located at 41925 3rd Street. PA23-0134 41269 Margarita Rd , Suite 921-830-003 Jaime Cardenas 03/29/2023 Matthew Poincare Group, PL Public Plan Review C-105 Friedrichs LLC Convenience or Temecula, CA 92591 Necessity Application Case Title / Description: Kennedy's Meat Company PCN: a Public Convenience or Necessity Application for a Type 20 (off -sale beer and wine) alcohol license for a new grocery store, Kennedy's Meat Company located at 41269 Margarita Road, Suite C-105. PA23-0136 909-290-077 Scott Cooper 03/30/2023 03/31/2023 Mario Calvillo MS -Mountain PL Modifications Approved Temecula, CA View, LLC Case Title / Description: MS Mountain View - Bldg 20 MOD: A Modification (Planning Review Only) to a previously approved Development Plan (PA21-1472) to relocate the gated entrance closer to the driveway entrance located on the south side of Avenida Alvarado approximately 600 feet east of Via Industria. PREAPP23-0104 45100 Redhawk Pky 962-040-012 Eric Jones 03/07/2023 03/28/2023 James Wood Rainbow Bridge PL Completed Temecula, CA 92592 Management Pre -Application Case Title / Description: Redhawk Event Center Pre-App: A Pre -Application to review a proposed wedding and special event center at an existing golf course located at 45100 Temecula Parkway. PREAPP23-0107 28717 Pujol St 922-062-008 Eric Jones 03/13/2023 03/28/2023 Al Aguirre Laird Cameron PL Completed Temecula, CA 92590 Pre -Application Case Title / Description: McCoy Project Pre-App V2: A Pre -Application to review a proposed fourplex and duplex totaling approximately 17,559 square feet. The project site contains a historic structure and is located at 28717 Pujol Street. PREAPP23-0114 26469 Ynez Rd 910-300-014 Jaime Cardenas 03/16/2023 Chad Williams Kimco Palm PL Plan Review Temecula, CA 92591 Plaza Pre -Application Case Title / Description: Portals Entertainment CUP Pre-app: a Pre -Application to review a proposed indoor 13,052-square foot recreation facility that includes mini -golf, laser tag, arcade games, and serve food, beer and wine. PREAPP23-0125 28585 Pujol St 922-054-010 Eric Jones 03/24/2023 Kelly Noon PL Plan Review Temecula, CA 92590 Pre -Application Case Title / Description: 1882 Community Pre-App: A Pre -Application to review 16 proposed multifamily micro -units located at 28585 Pujol Street. The project includes a historic structure that will be repurposed into an administration office for the site. Page 4 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PREAPP23-0126 922-034-037 Eric Jones 03/27/2023 Ricky Leigh Front & Main PL Plan Review Temecula, CA Pre -Application Case Title / Description: Front and Main Pre-App: A Pre -Application to allow for the review of an approximately 13,000 square foot commercial structure located at APN 922-034-037. PREAPP23-0128 80134 Winchester Rd 920-110-005 Scott Cooper 03/28/2023 Corey File Willis PL Plan Review Temecula, CA 92591 Development Pre -Application Case Title / Description: Winchester Rd Senior Apartments Pre-App: A Pre -Application for a 152-unit Senior Apartment Development located at 80134 Winchester Road. PREAPP23-0137 944-330-008 Eric Jones 03/30/2023 Alireza PL Plan Review Temecula, CA Mandaviani Pre -Application Case Title / Description: Tierra Vista Townhomes Pre-App: A Pre -Application for a townhouse community consisting of 31 units located on the west side of Tierra Vista Rd. approximately 120 feet south of Ynez Rd. PREAPP23-0140 27546 Ynez Rd., Q1 & Q2 921-320-052 Yannin Marquez 03/30/2023 Logan Paquin Henkin Group PL Plan Review Temecula, CA 92591 Pre -Application Case Title / Description: Dogtopia Temecula Pre-App: a Pre -Application for dog boarding and day care located at 27545 Ynez Road, Suites Q1 & Q2. Page 5 of 5 tem No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: April 25, 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 ATTACHMENTS: Fire Monthly Report CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management MONTHLY REPORT I MARCH 2O23 Ira. iow".. 5 Stations 7 Engines I HEAR 1 2 Truck I I Squad emulation - 112,1 — - 2 17,1G5 ring Calls for Service in 2522 MARCH CALL BREAKDOWN �- MARCH 2O23 =_f a �.� -� Nh P False Alarm TYPE: 1 # TYPE: ::�. r �.. - o # - J Imo. Fires COMMERCIAL FIRE D TRAFFIC COLLISION 72 MULTI —FAMILY FIRE MEDICAL EMERGENCY GG9 TC RESIDENTIAL FIRE — 1 OTHER MISCELLANEOUS 5"'"` - — PUBLIC ASSIST, 35 WILDLAND FIRE,- STANDBY} F 4'rta VEHICLE FIRE I OTHER FIRE �77 790 -90q i RESCUE 9 !` O RINGING ALARM . ' . r k' = FALSE ALARM 'i' HAZMAT 3 TOTAL: 113 4 Year to Date Calls 2,557 I.� 1 .0- CA ;Nor- CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management -A AIL. MONTHLY REPORT MARCH 2023 y '1\1\3§WWb%1\hx1t1-1 TR4rw -4ffu y r T RA-- 7 295 vft-t,] 91 y�, LIS THIS M176- CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention Training Emergency Management a p � � g� g Y g `- MONTHLY REPORT MARCH 20 2 MARCH INSPECTION BREAKDOWN NUAI PLAN SPECIAL EVENT IN ECTIONS .. CHECKS/REVIEWS PERMITS I_ 1 4 r+�. � ■. r a +r . it •.� '- _tom �'Y Y :� YTD:1597i r5,. YTD: 5 YTD:1366 �- �, n, - M. 44 lift �- PUBLIC INSPECTIONS = � - _ - - �-: - - - �: _ - - �_=� -- INGUIRIES 43 _-_ _ YTD:1177 29 { YTD: 89 CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management MONTHLY REPO"ARCH 2023 PROGRAM HIGHLIGHTS: OEM attended the California Emergency Services Association PREPAREDNESS TRAINING / EVENTS _ Spring Program with presentations given on Targeted Acts of Violence by the Joint Regional Intelligence Center (JRIC) and the FBI with a discussion on the Monterrey Park Community Preparedness Backpacks: 2 incident and subsequent emermanagement resonse.,:= YTD:7 tar:-2 OEM participated in a discussion on the updates to the Fire Hazard Severity zone PI'Mapping and will provide updates to the staff as they progress through Riverside CB-untr,,;L - 1414Ape PLANNED COMMUNITY EVENTS SUPPDRTELL�-: W GRANTS O CLAIMS:_ r•� • COVID Emergency Reimbursement Package: Under Review by FEMA • Fairview Fire Management Assistance Grant (FMAG) Package: Under Rev ew by CaIDES WWI"a ' + 1 4'r EMERGENCY OPERATIONS CENTER --= Activations: Current Status: 1- t ormal-±[�-pp� MCI, -r. Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Chris Durham, Chief of Police DATE: April 25, 2023 SUBJECT: Temecula Sheriff's Monthly Report (March 2023) PREPARED BY: Chris Mattson, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Sheriff's Department for March 2023. PATROL SERVICES Overall calls for police service.................................................................................................6,870 "Priority One" calls for service......................................................................................................58 Average response time for "Priority One" calls.........................................................................8.39 VOLUNTEERS Chaplain....................................................................................................................................19.25 Community Action Patrol (CAP) hours..................................................................................562.30 Reserve officer hours (patrol)........................................................................................................20 Explorer.....................................................................................................................................91.50 Station/Administration..................................................................................................................6.5 TotalVolunteer hours.............................................................................................................699.55 OLD TOWN STOREFRONT Total customers served.....................................................................................599 Fingerprints/Live Scan.......................................................................................65 Police reports filed..............................................................................................2 Citationssigned off..........................................................................................10 Totalreceipts...........................................................................................................................$4,846 CRIME PREVENTION Crime prevention/Neighborhood watch meetings........................................................................... l Safety presentations/Training................................................................................1 Specialevents................................................................................................................................... l Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours....................................................................................................................................0 Planning Review Projects......................................................................................6 TempOutdoor Use Permits...................................................................................4 SPECIAL TEAMS (CORE) ReportsWritten...............................................................................................26 Onsight felony arrests..................................................................................................................... I On sight misdemeanor arrests..............................................................................19 Felony arrest warrants served.................................................................................2 Misdemeanor arrest warrants served...............................................................................................5 AreaChecks.....................................................................................................47 CampChecks................................................................................................................................14 PedestrianChecks.....................................................................................................29 Traffic Stops/Vehicle Checks..................................................................................................... 6/4 Outreach attempts / Success........................................................................................................ 1/1 SPECIAL TEAMS (Metro District Team) On sight, felony arrests.......................................................................................6 Onsight, misdemeanor arrests.......................................................................................................36 Felony arrest warrants served........................................................................................................10 Misdemeanor arrest warrants served.............................................................................................40 Bar/Business checks......................................................................................................................60 D.U.I. Arrests................................................................................................................................14 Traffic/Parking citations.............................................................................................................107 FirearmsSeized................................................................................................0 SPECIAL TEAMS (Special Enforcement Team) Onsight felony arrests....................................................................................................................18 On sight misdemeanor arrests.........................................................................................................33 Felony arrest warrants served...........................................................................................................3 Misdemeanor arrest warrants served..............................................................................................21 Follow-up investigations/search warrants...................................................................12 Parole/Probation Searches.............................................................................................................30 PedestrianChecks.................................................................................................21 Traffic Stops/Vehicle Checks...................................................................................................34/15 Marijuana Dispensary Checks....................................................................................................... 0 ROBBERY/BURGLARY SUPPRESSION TEAM BeginningCaseload.......................................................................................................................53 TotalCases Assigned....................................................................................................................16 TotalCases Closed........................................................................................................................21 Search Warrants prepared/served.................................................................................................14 Arrests............................................................................................................................................10 Outof Custody Filings............................................................................................5 TRAFFIC Citations issued for hazardous violations..................................................................................1185 Non -hazardous citations...............................................................................................................155 Parkingcitations...........................................................................................................................234 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................77 Seatbelts.........................................................................................................................................31 CellPhone Cites...........................................................................................................................206 Injurycollisions.............................................................................................................................27 D.U.I. Arrests.................................................................................................................................37 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................0 Grant -funded traffic click it or ticket/traffic enforcement..............................................................2 INVESTIGATIONS BeginningCaseload.....................................................................................................................113 TotalCases Assigned....................................................................................................................26 TotalCases Closed........................................................................................................................49 Search Warrants prepared/served .................................................................................................16 Arrests..............................................................................................................................................2 Outof Custody Filings............................................................................................7 Sex Offenders Processed....................................................................................24 PROMENADE MALL TEAM Callsfor service...........................................................................................................................244 Felonyarrest/filings.........................................................................................................................0 Misdemeanor arrest/filings............................................................................................................23 TrafficCitations..............................................................................................51 Total customers served................................................................................................................691 Fingerprints/Live Scans...............................................................................................................186 Totalreceipts........................................................................................... $6,114 SCHOOL RESOURCE OFFICERS Felony arrest ..................................... Misdemeanor arrests ........................ Reports............................................. Citations........................................... Meetings/Presentations .................... ..............................................................................................0 ..............................................................................................3 ............................................................................................12 ............................................................................................3 8 ............................................................................................97 Item No. 25 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 25, 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: hl!p://temeculaca.gov/270/Cqpital-improvement-Projects-CIP ATTACHMENT: Project Status Report City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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: The environmental 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 April 25, 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. Recommendation for City Council to award the construction management agreement is scheduled for April 11, 2023. Estimated beginning of construction is May 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 — May 2023. Environmental revalidation was approved in March 2023. Current activities include Caltrans review of the 100% Plans, Specifications, and Estimate. Target for beginning of construction is Fall 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 April 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 April 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 2023 CIRCULATION PROJECTS (Continued) Pavement Rehabilitation Program — Ynez Road, Solana Way, Nicolas Road and Winchester Road, 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: $4,651,420.13 Status: Construction contract was awarded by City Council on October 11, 2022. Construction started on October 17, 2022. Construction started back up on April 10, 2023. 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. Paloma Del Sol segment is complete.. The Meadowview segment of the project is currently under construction and anticipated to be completed by late April 2023 depending on weather. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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: $471970 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 at the end of May 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 April 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 April 25, 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.Design for Phase 2 started February 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 2nd plan check was submitted on April 10, 2023. These documents are anticipated to be approved by the end of April and will be re -advertised shortly after that. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 late Summer 2023. Margarita Recreation Center, PW17-21 Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $12,601,508 Status: 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 2022. 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. Construction started 03/29/2023 and is anticipated to last for 5 months. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 being advertised for construction bids. Bid opening is scheduled for 04/13/2023. 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: $202,120 Status: ADA Access Ramps have been revised and currently being reviewed. The project is scheduled to be advertised for construction bids in Spring 2023. 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: $526,828.52 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. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 2023 INFRASTRUCTURE PROJECTS (Continued) 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 May 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. Acceptance of the project and filing the Notice of Completion is scheduled for the April 25, 2023 City Council meeting. Citywide Concrete Repairs Fiscal Year 2021-22, PW 22-01 Description: Various concrete repairs in the city. Cost: $272,369.97 Status: Construction is complete. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 100% design. Approval of Plans and Specifications and authorization to advertise for construction bids is scheduled for the April 25, 2023 City Council meeting. 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 April 25, 2023 PARKS AND RECREATION PROJECTS (Continued) PICKLEBALL COURTS, PW21-03 Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park. Cost: $2,400,000 Status: On January 24, 2023 the Parks, Recreation and Community Services subcommittee supported moving forward with design for a pickle ball facility that 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. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 was analyzed and presented to the public at the community outreach meeting held on February 22, 2023. Scoping and design is underway. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT April 25, 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 April 25, 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. REQUESTS TO SPEAK Public Comment: Non -Agenda Item: r"1 Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: Agenda Item: ❑ Future Agenda Item: El 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 sp aker is called to speak, please come forward to the podium and state your name for th d. ? Email address. If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK - CITY OF TEMECULA 1989 Date: ZS 23 Public Comment: 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 rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: S% I 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 1989 Date: ,r2 r -2 3 Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. ��'1�y t� V 0.� L<:_,�j 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: cJ Lr 4 1-1) i Address: Email address: If you are representing an organization or group, please give the name: Phone Number: v1( , Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment: Non -Agenda Item: Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA Date: Agenda Item: ❑ Future Agenda Item: ❑ 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 rior 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. �� O ,� La 1/� Name: lw rv' ' `vY)-� Address: Email address: If you are representing an organization or group, please give the name: Phone Number: 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 wxv Date: 12i� Public Comment: Non -Agenda Item: ❑f Agenda Item: ❑ Future Agenda Item: ❑ �� ` }SDUseInc,- Item Description or Item No. � r�� T Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. � ( Phone Number: - Name: J Email address: ) If you are representing an organization or group, please give the name y�� l>C 'tfoUS( I ac, 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 91989 Date: / Z3 Public Comment: Non -Agenda Item: Agenda Item: ElFuture Agenda Item: El Item Description or Item No. d l/ c O h'/,77 j 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: O CV ell 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 lyfS4 f Date: Public Comment: Non -Agenda Item Agenda Item: Future Agenda Item: Item Description or Item No. lyl I(((�� 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 r rd..(� Name: Tr3L_ Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment Non -Agenda Item Item Description or Item No. REQUEST TO SPEAK CITY OF TEMECULA A t Date: Agenda ltem:L1 Future Agenda Item: 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: V�G� /�/rT =� Ph`one Number` Address:? If you are representing an organization or group, pTe-ase give the name Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 72�� Date: Public Comment: Non -Agenda Item: El Agenda Item: El Future Agenda Item: lj��Item Description or Item No. I✓ " u_ o,, a y,_0qVa-.P,j 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 callecf tspeak, please come forward t the podium and state your name for the re d. Name: C�� o Num Email address: � _�. If you are representing p j organkatio�)& gr9up, p Please n6t6 that all information presented aga City Council meeting becomes All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 9 Date: 1�1I 1 I Public Comment: Non -Agenda Item: ❑Agenda Item: 0 Future Agenda Item: ❑ Item Description or Item No C 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. Name: t-M l l ')Nko e( 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.