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HomeMy WebLinkAbout05232023 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 MAY 23, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation. CALL TO ORDER: Mayor Zak Schwank INVOCATION: Rabbi Yonasan Abrams of Chabad of Temecula FLAG SALUTE: Scout Master Tomas Villanueva ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for Public Works Week Presentation of the California Park & Recreation Society Awards of Excellence Presentation by Troop 309 G (Michelle's Place) and Troop 309 B (Saint Mother Teresa) Regarding U.S. Flag Program for Temecula Residents BOARD / COMMISSION REPORTS Planning Commission and 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 Page 1 City Council Agenda May 23, 2023 the record. Still images may be displayed on the projector. All other audio and visual use is prohibited. 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. 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 May 9, 2023 Recommendation: That the City Council approve the Action Minutes of May 9, 2023. Attachments: Action Minutes 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 Page 2 City Council Agenda May 23, 2023 4. Approve City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023 5. 6. 7. Recommendation Attachments: That the City Council approve and file the City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023. Agenda Report January Treasurer's Report February Treasurer's Report March Treasurer's Report Approve Second Amendment with Eide Bailly, LLP for Audit Services for the Fiscal Years Ending June 30, 2023, 2024 and 2025 Recommendation: That the City Council: 1. Approve the second amendment with Eide Bailly, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ending June 30, 2023, through June 30, 2025, for a total amount not to exceed $251,473; and 2. Authorize the City Manager to approve additional work up to ten percent (10%) of the amount of the agreement as approved by City Council. Attachments: Agenda Report Second Amendment Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2023-24 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Attachments: Agenda Report Resolution Approve Agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study Recommendation: That the City Council approve the agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study in support of the General Plan update. Page 3 City Council Agenda May 23, 2023 Attachments: Agenda Report Agreement 8. Approve License Agreement with Flatiron West, Inc. for Access on City -Owned Properties in Connection with Construction of the I-15 / French Valley Parkway Improvements - Phase II Project, PW16-01 Recommendation: That the City Council approve a license agreement with Flatiron West, Inc. for access onto City -owned properties, APN 916-400-013 and 916-400-018, in connection with construction of the I-15 / French Valley Parkway Improvements - Phase H project, PW 16-01. Attachments: Agenda Report License Agreement Location Map 9. Approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek Recommendation Attachments: That the City Council approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001. Agenda Report Right of Entry Agreement 10. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15 Congestion Relief Project, PW 19-02 Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW 19-02. Attachments: Agenda Report Location Map CIP Budget Project Sheet 11. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14 Recommendation: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14; and Page 4 City Council Agenda May 23, 2023 12. 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines. Attachments: Agenda Report Project Description Project Location Receive and File Temporary Street Closures for 2023 Summerfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Summerfest Events: JUNETEENTH 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW ESCAPE JOURNEY TRIBUTE BAND CONCERT TEMECULA SUNSET MARKET NATIONAL NIGHT OUT Attachments: Agenda Report Exhibit A Exhibit B Exhibit C 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 5 City Council Agenda May 23, 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. Still images may be displayed on the projector. All other audio and visual use is prohibited. 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. 13. Approve Action Minutes of MU 9, 2023 Recommendation: That the Board of Directors approve the action minutes of May 9, 2023. Attachments: Action Minutes 14. Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2023-24 Recommendation: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH Page 6 City Council Agenda May 23, 2023 RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2023-24 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH Attachments: Agenda Report Resolution Preliminary Engineer's Report 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, June 13, 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 7 City Council Agenda May 23, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO MEETING TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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. 15. Approve Disposition and Development Agreement Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Habitat for Humani . Inland Valley, Inc., Located Adjacent to the Current Habitat for Humanity Project on Pujol Street (APNs 922-062-016 and 922-062-010) Recommendation That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY INLAND VALLEY, INC., AND FINDING THAT THE APPROVAL OF THIS AGREEMENT AND THE PROJECT ARE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT Page 8 City Council Agenda May 23, 2023 REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF THE STATE CEQA GUIDELINES Attachments: Agenda Report Resolution Disposition and Development Agreement Notice of Affordability Restriction on Transfer of Property Summary 33433 Report - April 2023 Notice of Public Hearing BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be 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. 16. Introduce Ordinance Amending Chapter 10.44 of the Temecula Municipal Code Regarding Golf Carts on City Roadways Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF THE TEMECULA MUNICIPAL CODE TO DESIGNATE CERTAIN STREETS AND CROSSINGS FOR THE JOINT USE OF GOLF CARTS AND VEHICLES AND ESTABLISH RULES AND REGULATIONS FOR THE OPERATION OF GOLF CARTS ON SUCH STREETS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Attachments: Agenda Report Ordinance 17. Introduce Ordinance Amendiniz Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Page 9 City Council Agenda May 23, 2023 TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS Attachments: Agenda Report Ordinance Speed Survey Update 18. Adopt Resolutions Reconstituting City of Temecula Commissions and Introduce Ordinance Repealing Temecula Municipal Code Chapters 2.44 and 2.48 Recommendation That the City Council adopt resolutions and introduce an ordinance entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE COMMUNITY SERVICES COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE TRAFFIC SAFETY COMMISSION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48 OF THE TEMECULA MUNICIPAL CODE Page 10 City Council Agenda May 23, 2023 Attachments: Agenda Report Resolution - Community Services Commission Resolution - Planninz Commission Resolution - REDI Commission Resolution - Traffic Safety Commission Ordinance 19. Consider and Approve City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL Attachments: Agenda Report Resolution Exhibit A - General Law CityPolicy Exhibit B - Council -Manager Government Policy Exhibit C - Role of Council Exhibit D - Selection of Mayor and Mayor Pro Tempore DEPARTMENTAL REPORTS (RECEIVE AND FILE) 20. Community Development Department Monthly Report Attachments: Agenda Report Planning Activity Report 21. Fire Department Monthly Report Attachments: Agenda Report Fire Monthly Report 22. Police Department Monthly Report Attachments: Agenda Report 23. Public Works Department Monthly Report Attachments: Agenda Report Project Status Report Page 11 City Council Agenda May 23, 2023 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 CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, June 13, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 12 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 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 MAY 9, 2023 - 6:00 PM CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation. CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Pastor Brenton Stanley of Atmosphere Church FLAG SALUTE: Student of Temecula Valley High School Cyber Team ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for Bike Month Presentation of Proclamation for Water Safety Month Presentation for Temecula Valley High School Cyber Team - Inland Empire/California Mayors Cup Presentation by CR&R Incorporated Regarding the Delivery of Solid Waste and Recycling Services BOARD / COMMISSION REPORTS Community Services Commission, Planning Commission, and Public/Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Mick Sobczak PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Pam Nelson (Item #8) 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 Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of April 25, 2023 Recommendation: That the City Council approve the action minutes of April 25, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve City Treasurer's Report as of November 30, 2022 and December 31, 2022 Recommendation: That the City Council approve and file the City Treasurer's Report as of November 30, 2022 and December 31, 2022. 5. Approve Second Amendment to the Agreement with Inland Empire Property Services for Weed Abatement Services Recommendation: That the City Council approve the second amendment to the agreement with Inland Empire Property Services to perform weed abatement services, and increase the agreement amount by $75,000, for a total agreement amount of $300,000. 6. Approve Form of Public Improvement Construction Agreements and Authorize the CitX Manager to Execute Said Agreements on Behalf of the CitX Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 TEMECULA APPROVING THE FORM OF PUBLIC IMPROVEMENT CONSTRUCTION AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY 7. Approve Recycled Water Agreement with Rancho California Water District for Recycled Water Service for the Ynez Road and Date Street Landscaped Medians Recommendation: That the City Council approve the recycled water agreement with Rancho California Water District for recycled water service for the Ynez Road and Date Street landscaped medians. 8. Approve Right of Entry Agreement with Brookfield SoCal Land Constructors, LLC to Conduct Physical and Biological Surveys on City -Owned Properties in Connection with the Altair Development Recommendation: That the City Council approve the right of entry agreement with the Brookfield SoCal Land Constructors, LLC to conduct physical and biological surveys on city -owned properties in connection with the Altair Development, identified by Assessor Parcel Numbers 922-210-057, 922-210-060, 922-210-063, and 922-210-059. 9. Award Construction Contract to Aster Construction Services for the Center Outdoor Recreational Area, PW22-08 Recommendation: That the City Council: Senior 1. Award a construction contract to Aster Construction Services, in the amount of $550,822, for the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $55,082; and 3. Approve an appropriation of $200,000 from Measure S to the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08; and 4. Make a finding that the Mary Phillips Senior Center Outdoor Recreational Area, PW22-08 is exempt from Multiple Species Habitat Conservation Plan fees. 10. Adopt Resolution Finding that Emergency Repairs Authorized by Resolution 2023-17 Pursuant to Public Contract Code Sections 20168 and 22050 Have Been Completed and There is No Longer a Need for the Emergency Authorization Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DETERMINING THAT 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, 2023-29, AND 2023-34 HAVE BEEN COMPLETED AND THERE IS NO LONGER A NEED FOR THE EMERGENCY AUTHORIZATION 11. Set Public Hearing to Approve Solid Waste and Recy_ clingy Rates for Commercial Customers for Fiscal Year 2023-24 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION WITH THE SOLID WASTE AND RECYCLING RATES FOR COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2023-24 RECESS: At 7:01 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Temecula Public Financing Authority Meeting. At 7:05 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 The City Attorney stated there was no reportable actions from closed session. 4 ADJOURNMENT At 7:07 PM, the City Council meeting was formally adjourned to Tuesday, May 23, 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: May 23, 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 $ 4,376,035.56. 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 23rd day of May, 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 23rd day of May, 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 04/25/2023 TOTAL CHECK RUN: 04/27/2023 TOTAL CHECK RUN: 05/03/2023 TOTAL CHECK RUN: 05/04/2023 TOTAL CHECK RUN: 04/27/2023 TOTAL PAYROLL RUN: 195,425.33 565,151.65 1,179,554.47 1,749,085.73 686,818.38 TOTAL LIST OF DEMANDS FOR 05/23/2023 COUNCIL MEETING: $ 4,376,035.56 DISBURSEMENTS BY FUND: CHECKS 001 GENERAL FUND 1,343,106.97 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 588,300.00 140 COMMUNITY DEV BLOCK GRANT 5,979.16 165 AFFORDABLE HOUSING 1,755.90 190 TEMECULA COMMUNITY SERVICES DISTRICT 111,140.88 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 26,557.83 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 50,750.23 197 TEMECULA LIBRARY FUND 23,408.17 210 CAPITAL IMPROVEMENT PROJECTS FUND 1,283,863.05 300 INSURANCE FUND 7,569.05 305 WORKERS' COMPENSATION 746.85 310 VEHICLES AND EQUIPMENT FUND 2,189.28 320 INFORMATION TECHNOLOGY 97,796.33 330 SUPPORT SERVICES 11,113.95 340 FACILITIES 89,255.73 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 165.90 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 198.80 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 38.18 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 395.45 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 259.10 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 198.80 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,339.34 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 103.36 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 225.80 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 82.25 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 822.16 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 230.50 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 130.50 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 6,026.46 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 38.18 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 613.31 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 99.40 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 21,633.30 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 8,000.00 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 38.18 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 755.76 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 131.10 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 38.18 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 81.61 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 38.18 $ 3,689,217.18 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 TOTAL BY FUND: 410,207.73 776.84 678.23 2,742.07 194,835.62 1,534.63 209.18 4,747.37 3,576.63 3,576.56 49,332.82 4,977.90 9,622.80 $ 686,818.38 $ 4,376,035.56 apChkLst 04/25/2023 3:53:14PM Final Check List CITY OF TEMECULA Page: 1 Bank: eunion EFT UNION BANK Check # Date Vendor Description Amount Paid Check Total 504484 4/27/2023 013015 ALWAYS RELIABLE BACKFLOW, BACKFLOW TEST: VARI LOCATIONS: 351.00 351.00 AKA NANETTE SEMAN PW 504485 4/27/2023 007282 AMAZON CAPITAL SERVICES MISC OFC SUPPLIES: CITY CLERK 233.76 233.76 INC 504486 4/27/2023 012951 APPLIED DEVELOPMENT QUALITY OF LIFE MASTER PLAN: 4,480.00 4,480.00 ECONOMICS PLANNING 504487 4/27/2023 013950 AQUA CHILL OF SAN DIEGO AUG DRINKING WTR SYS MAINT: 69.60 SPORTS PK APR DRINKING WTR SYS MAINT: SP 69.60 MAR DRINKING WTR SYS MAINT: SF 69.60 APR DRINKING WTR SYS MAINT: HA 28.28 MAR DRINKING WTR SYS MAINT: H7 28.28 265.36 504488 4/27/2023 018941 AZTEC LANDSCAPING INC MAR RESTROOM MAINT: PARKS: PW 9,098.22 9,098.22 504489 4/27/2023 001323 BLUETRITON BRANDS INC, WATER DLVRY SVCS: FOC 123.84 123.84 DBA READYREFRESH 504490 4/27/2023 022651 BRAND ASSASSINS TEM GRANT PGRM: COMM 10,000.00 10,000.00 REINVESTMENT 504491 4/27/2023 022940 CITY DATA SERVICES LLC JAN-MAR MONTHLY MAINT: HOUSING: 1,740.00 1,740.00 PLNG 504492 4/27/2023 000442 COMPUTER ALERT SYSTEMS ALARM SVC CALL: CHILDREN'S 180.00 180.00 MUSEUM 504493 4/27/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: HINTERGARDT 742.00 742.00 HVAC INC PARK: PARKS 504494 4/27/2023 012614 DBX INC TRAFFIC SIGNAL INSTALLATION: CIP: 10,511.75 10,511.75 PW 504495 4/27/2023 003945 DIAMOND ENVIRONMENTAL ADA RESTROOM: MORAGA RD 325.76 SRVCS TEMPORARY FENCING: MCCABE C1 95.00 420.76 Page:1 apChkLst 04/25/2023 3:53:14PM Final Check List CITY OF TEMECULA Page: 2 Bank : eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504496 4/27/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 2,006.49 MAINT: PW FUEL FOR CITY VEHICLES: PARKS: 1 1,628.52 FUEL FOR CITY VEHICLES: STREET; 1,354.08 FUEL FOR CITY VEHICLES: TRAFFIC 451.38 FUEL FOR CITY VEHICLES: CIP: PW 430.09 FUEL FOR CITY VEHICLES: TRAFFIC 297.84 FUEL FOR CITY VEHICLES: CIP: PW 239.17 FUEL FOR CITY VEHICLES: LAND DE 121.89 FUEL FOR CITY VEHICLES: LAND DE 46.37 6,575.83 504497 4/27/2023 020904 ECONOMIC ALTERNATIVES INC APR WTR SYST MAINT: CIVIC CTR 582.83 582.83 504498 4/27/2023 002577 ENGINEERING RESOURCES, ENG SVCS: MURR CRK SPORTS PK: 12,815.00 12,815.00 OF SOUTHERN CALIF INC PW22-12 504499 4/27/2023 014865 FREIZE UHLER KIMBERLY DBA, EMPLOYEE BACKPACKS: HR 2,275.97 2,275.97 CLEAR BLUE PROMOTIONS 504500 4/27/2023 022865 EMPLOYEE #00571 REIMB: TEAM PACE 102.93 102.93 504501 4/27/2023 021308 GILLIS & PANICHAPAN ARCHITECT SVCS: CRC FAC RENO PH 6,900.00 ARCHITECTS, INC 11 ARCHITECTURAL SVCS: CRC: PW19 3,970.00 EXTERIORADA I MPROV'T ARCH ITE( 430.00 11,300.00 504502 4/27/2023 004890 GOLDEN STATE FIRE FIRE SPRINKLER INSPEC: STA84 900.00 PROTECTION FIRE SUPPRESSION INSPECTION: T 528.00 1,428.00 504503 4/27/2023 020628 HASA INC POOL SANITIZING CHEMICALS:VARI 1,041.14 1,041.14 POOLS: P 504504 4/27/2023 012883 JACOBS HOUSE INC FY 22/23 COMMUNITY SVC FUNDING 20,000.00 20,000.00 504505 4/27/2023 000482 LEIGHTON CONSULTING INC GEOTECH REVIEW: UHAUL PROJ: 3,831.00 3,831.00 PLANNING 504506 4/27/2023 010204 M T G L INC INSPECT & TESTING SVCS: PAV'T 6,578.25 6,578.25 REHAB: CIP Paget apChkLst Final Check List Page: 3 04/25/2023 3:53:14PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504507 4/27/2023 022664 MARIPOSATREE MANAGEMENT INC 504508 4/27/2023 018675 MDG ASSOCIATES INC 504509 4/27/2023 020907 MICHELLE MEDINA, DBA MICHELLE Q MEDINA (Continued) Description TREE SVCS: S-16 TRADEWINDS: PARKS TREE SVCS: ROW: PARKS TREE SVCS: MEDIANS: PARKS TREE SVCS: S-13 EMERGENCY: PAF TREE SVCS: EMERGENCY S-20: PAF TREE SVCS: MEDIANS: PARKS ANNUAL TREE TRIMMING: RIGHT OF TREE SVCS: S-24 HARVESTON: PAR EMERGENCY SLOPE TREE TRIMMIN TREE SVCS: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS TREE SVCS: MEDIANS: PARKS ANNUAL TREE TRIMMING: RIGHT OF TREE SVCS: S-18 TEMEKU: PARKS TREE SVCS: S-06 WOODCREST: PAI MAR CDBG PRGM ADMIN: PLANNING MAR ADA LABOR COMPLIANCE SVC MAR ADA LABOR COMPLIANCE: PW, TCSD INSTRUCTOR EARNINGS 504510 4/27/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CTR INC ELECTRICAL SUPPLIES: STA95: FIR ELECTRICAL SUPPLIES: PARKS: PW ELECTRICAL SUPPLIES: CIVIC CTR 504511 4/27/2023 022599 NIEVES LANDSCAPE INC MAR LDSCP MAINT SVCS: FACS: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIRS: PARKS: PW IRRIGATION REPAIRS: PARKS: PW 504512 4/27/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: PARKS: PW INC VEHICLE REPAIRS: PARKS: PW VEHICLE REPAIR & MAINT: TEM PD VEHICLE MAINT & REPAIRS: INFO TE VEHICLE REPAIRS: PARKS: PW VEHICLE MAINT: STREET MAINT: PV VEHICLE REPAIRS: PARKS: PW VEHICLE MAINT: STREET MAINT: PV VEHICLE REPAIR & MAINT: PARKS: F VEHICLE MAINT: STREET MAINT: PV VEHICLE REPAIR & MAINT: CODE EP Amount Paid Check Total 5,960.91 4,197.05 3,021.27 2,324.05 1,511.68 1,228.11 1,133.65 755.76 633.09 503.84 472.35 472.35 314.95 283.41 101.00 4,505.00 1,675.00 633.76 1,232.00 256.92 45.49 32.88 21.83 10,454.50 457.66 422.63 252.94 199.32 139.88 115.49 2,293.13 814.39 573.91 293.10 291.48 287.33 192.17 140.19 88.52 49.95 46.92 22, 913.47 6,813.76 1,232.00 iWAM 12,042.42 5,071.09 Page:3 apChkLst Final Check List Page: 4 04/25/2023 3:53:14PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504513 4/27/2023 005075 PRUDENTIAL OVERALL SUPPLY UNIFORM SVCS: PARK MAINT: PW 68.54 UNIFORM SVCS: PARK MAINT: PW 68.43 UNIFORM SVCS: STREET MAINT: PV 51.33 UNIFORM SVCS: STREET MAINT: PV 51.19 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/TOWEL RENTALS: LIBI 19.88 UNIFORM SVCS: STREET MAINT: PV 19.52 UNIFORM SVCS: STREET MAINT: PV 17.43 FLOOR MATS/TOWEL RENTALS: TCC 14.32 FLOOR MATS/TOWEL RENTALS: TVI\ 12.74 FLOOR MATS/TOWEL RENTALS: FO( 10.28 FLOOR MATS/TOWEL RENTALS: FO( 10.28 FLOOR MATS/TOWEL RENTALS: THE 9.89 UNIFORM SVCS: PARK MAINT: PW 4.62 UNIFORM SVCS: PARK MAINT: PW 4.62 394.52 504514 4/27/2023 002412 RICHARDS WATSON AND MAR 2023 LEGAL SERVICES 5,979.00 GERSHON MAR 2023 LEGAL SERVICES 5,724.10 MAR 2023 LEGAL SERVICES 3,894.00 MAR 2023 LEGAL SERVICES 3,682.16 MAR 2023 LEGAL SERVICES 1,844.95 MAR 2023 LEGAL SERVICES 1,091.00 MAR 2023 LEGAL SERVICES 297.00 MAR 2023 LEGAL SERVICES 118.00 FEB 2023 LEGAL SERVICES 88.50 MAR 2023 LEGAL SERVICES 29.50 MAR 2023 LEGAL SERVICES 29.50 22,777.71 504515 4/27/2023 021620 SIEMENS MOBILITY INC, STREET LIGHT INSTALLATION: 4,837.56 YUNEX LLC MARGARITA STREET LIGHT REPLACEMENT: MAF 1,590.00 6,427.56 504516 4/27/2023 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: PA23-0036: 427.50 PLNG SIGN POSTING SVCS: PA23-0059: PL 427.50 SIGN POSTING SVCS: PA22-1035: PL 427.50 SIGN POSTING SVCS: PA22-1101: PL 213.75 SIGN POSTING SVCS: PA22-0999: PL 213.75 SIGN POSTING SVCS: PA22-1034: PL 213.75 SIGN POSTING SVCS: PA22-1052: PL 213.75 SIGN POSTING SVCS: PA23-0048: PL 213.75 SIGN POSTING SVCS: PA23-0075: PL 213.75 SIGN POSTING SVCS: PA21-1127-28: 213.75 2,778.75 504517 4/27/2023 003840 STRONGS PAINTING PAINTING SVCS: EXTERIOR PARKING 2,475.00 2,475.00 GARAGE 504518 4/27/2023 021361 TELECOM LAW FIRM PC LEGAL SRVCS:PLANNING 487.20 487.20 Page:4 apChkLst Final Check List Page: 5 04/25/2023 3:53:14PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504519 4/27/2023 003849 TERRYBERRY COMPANY EMPLOYEE SVC RECOGNITION: HR 236.82 EMPLOYEE SVC RECOGNITION: HR 130.07 EMPLOYEE SVC RECOGNITION: HR 95.02 EMPLOYEE SVC RECOGNITION: HR 75.18 537.09 504520 4/27/2023 000820 WINCHAK KRIS R, DBA K R W & ENG PLAN CHECK & REVIEW:PW-LAND 6,440.00 6,440.00 ASSOCIATES DEV Grand total for EFT UNION BANK: 195,425.33 Page:5 apChkLst Final Check List Page: 6 04/25/2023 3:53:14PM CITY OF TEMECULA 37 checks in this report. Grand Total All Checks: 195,425.33 Page.-6 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14925 4/21/2023 000262 RANCHO CALIF WATER VARIOUS WATER MARCH BATCH 2 5,330.51 5,330.51 DISTRICT 14926 4/24/2023 002390 EASTERN MUNICIPAL WATER VARIOUS MAR WATER SVCS 1,289.50 1,289.50 DIST 212120 4/21/2023 017163 TRI POINTE HOMES INC REFUND: DEPOSIT: CYPRESS RIDGE 50,000.00 50,000.00 PGP 212121 4/27/2023 004229 ACTION APPLIANCE INC, DBA APPLIANCES: FIRE STA 92 2,925.01 2,925.01 ACTION APPLIANCE 212122 4/27/2023 004229 ACTION APPLIANCE INC, DBA APPLIANCES: FIRE STA84 1,618.54 1,618.54 ACTION APPLIANCE 212123 4/27/2023 013387 ADAME LANDSCAPE INC, DBA APR SWEEPING SVCS: PARKING 540.00 540.00 SWEEPING UNLIMITED GARAGE 212124 4/27/2023 003552 AFLAC PREMIUM HOLDING, C AFLAC ACCIDENT INDEMNITY 3,204.49 3,204.49 O BNB BANK LOCKBOX PAYMENT 212125 4/27/2023 023315 ALEXANDRIA MONETTE TEM GRANT PRGM: COMM 10,000.00 10,000.00 CARDENAS, DBAALEXANDRIA REINVESTMENT MONETTE 212126 4/27/2023 021299 EMPLOYEE #00593 REIMB: EMERGENCY MGMT COURSE 1,442.60 1,442.60 212127 4/27/2023 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: 279.78 PW ASPHALT SUPPLIES: STREET MAINT 219.78 ASPHALT SUPPLIES:STREET MAINT 247.50 ASPHALT SUPPLIES:STREET MAINT 462.79 ASPHALT SUPPLIES:STREET MAINT 319.79 ASPHALT SUPPLIES: STREET MAINT 332.79 ASPHALT SUPPLIES: STREET MAINT 323.79 2,186.22 212128 4/27/2023 009787 ALTEC INDUSTRIES INC EQUIPMENT REPAIRS: TRAFFIC: PW 1,631.00 EQUIPMENT REPAIRS: TRAFFIC: PVA 1,359.90 2,990.90 212129 4/27/2023 023332 ANGELA EWBANK FANN, DBAA FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 & G FANN LLC PRGM 212130 4/27/2023 023323 ARREOLA, YADIRA REFUND: SOFTBALL: TCSD 66.00 66.00 212131 4/27/2023 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL: TCSD 22.90 BOOK COLLECTIONS: RHRTPL: TCS 27.37 BOOK COLLECTIONS: RHRTPL: TCS 259.39 309.66 Page:1 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212132 4/27/2023 023035 BIKE TEMECULA VALLEY CORP FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 FUNDING 212133 4/27/2023 005716 BIRTH CHOICE CENTERS INC, FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 DBA BIRTH CHOICE OF FUNDING 212134 4/27/2023 008013 EMPLOYEE #00169 REIMB: ENERGOV CONF 353.54 353.54 212135 4/27/2023 010469 BOZONELOS, BOB MUSIC PERF: CULTURE DAY: TCSD 300.00 300.00 212136 4/27/2023 005970 BUTTERFIELD STAGE STTLMNT: GODSPELL 4/14-4/23 8,929.24 8,929.24 PLAYERS, DBA TEMECULA VALLEY 212137 4/27/2023 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT: 394.04 MATERIALS CO PW ASPHALT SUPPLIES: STREET MAINT 592.86 986.90 212138 4/27/2023 021851 CALIF NEWSPAPERS LEGAL PUBLICATIONS: PW22-08: CIP 3,235.31 PARTNERSHIP, DBA SO CALIF NEWS GROUP LEGAL PUBLICATIONS: PLANNING 1,561.93 4,797.24 212139 4/27/2023 018828 CASC ENGINEERING AND, ENG SVCS: WQMP REVIEW: LAND 299.00 299.00 CONSULTING INC DEV: PW 212140 4/27/2023 022930 CCS SAN DIEGO JANITORIAL ADD'L JANITORIAL SVCS: CIVIC CTR 3,500.00 3,500.00 INC, DBACCS FACILITY SERVICES 212141 4/27/2023 016446 CHRISTIAN STITCHERY INC, T-SHIRTS: SKATE PARK: CRC 702.53 702.53 DBA SO CAL IMPRESSIONS 212142 4/27/2023 019814 CODE 5 GROUP LLC slap on tracker replacement: tem sheriff 365.00 365.00 212143 4/27/2023 011922 CORELOGIC INC, DBA MAR SOFTWARE SUBSCRIPTION: 350.50 350.50 CORELOGIC SOLUTIONS CODE ENF 212144 4/27/2023 001264 COSTCO TEMECULA 491 MISC SUPPLIES: CERT PRGM: FIRE 510.91 DEPT MISC SUPPLIES: CERT PRGM: FIRE 474.66 SUPPLIES: FIRE DEPT 791.34 1,776.91 212145 4/27/2023 004329 COSTCO TEMECULA491 SUPPLIES: MPSC/HUMAN SVCS: TCSD 306.83 306.83 212146 4/27/2023 002631 COUNTS UNLIMITED INC TRAFFIC DATA COLLECTION: 200.00 200.00 JEDEDIAH SMITH Paget apChkLst Final Check List Page: 3 04/27/2023 2:13:03PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212147 4/27/2023 001233 DANS FEED AND SEED INC MISC SUPPLIES: STREET MAINT: PW 17.86 17.86 212148 4/27/2023 012600 DAVID EVANS AND DSGN SVCS: MPSC REC AREA: 391.50 ASSOCIATES INC PW22-08 DSGN SVCS: DEMO GARDEN MIKE r 687.50 ENG SVCS: SANTA GERTRUDIS CRI< 366.00 MAR DSGN SVCS: DIAZ RD PROJ: P1 55,523.05 56,968.05 212149 4/27/2023 023281 DOMINICAN MULATTO INC, DBA TEM GRANT PRGM: COMM 10,000.00 10,000.00 DM SHAPEWEAR REINVESTMENT 212150 4/27/2023 023317 ELITE TAX PARTNERS INC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212151 4/27/2023 021126 EMMONS, ROBERT MERCHANDISE ITEMS: TVM: TCSD 860.36 860.36 212152 4/27/2023 021967 EMPIRE AUTO LLC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212153 4/27/2023 023316 EQUITY AUTOMOTIVE LLC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212154 4/27/2023 021859 EXP US SERVICES INC CONSULTANT SVCS: SANTA 3,688.18 3,688.18 GERTRUDIS CRK 212155 4/27/2023 015330 FAIR HOUSING COUNCIL, OF MAR SUB -RECIPIENT: FAIR HOUSING 1,474.16 1,474.16 RIVERSIDE COUNTY INC SVCS 212156 4/27/2023 000165 FEDERAL EXPRESS INC EXPRESS MAIL SERVICES: FINANCE 8.92 EXPRESS MAIL SERVICES: CIP: PW' 9.73 EXPRESS MAIL SVCS: STREETS: PV 6.82 EXPRESS MAIL SERVICES: FIRE DEI 17.95 EXPRESS MAIL SERVICES: TCSD 57.89 EXPRESS MAIL SVCS: THEATER: TC 8.17 109.48 212157 4/27/2023 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 212158 4/27/2023 023293 FRANKLIN IVA L, DBA STEPPIN TEM GRANT PRGM: COMM 10,000.00 10,000.00 STONE TAX REINVESTMENT 212159 4/27/2023 018858 FRONTIER CALIFORNIA INC APR INTERNET SVCS: CIVIC CTR 682.19 682.19 212160 4/27/2023 023280 GOLDEN II ENTERPRISES INC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT Page:3 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212161 4/27/2023 009608 GOLDEN VALLEY MUSIC TIX: CLASSICS @ THE MERC 4/23 266.00 266.00 SOCIETY, DBA CA CHAMBER ORCHESTRA 212162 4/27/2023 000186 HANKS HARDWARE INC MISC MAINT SUPPLIES: PARKS: PW 2,915.67 2,915.67 212163 4/27/2023 003198 HOME DEPOT HARDWARE SUPPLIES: CHILDREN'S 32.59 MUSEUM HARDWARE SUPPLIES: STREET MA 250.89 HARDWARE SUPPLIES: VARI LOCAT 141.51 424.99 212164 4/27/2023 011049 HOSPICE OF THE VALLEYS SC FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 212165 4/27/2023 022569 INLAND FLEET SOLUTIONS INC VEHICLE REPAIRS: STREETS: PW 301.24 301.24 212166 4/27/2023 003296 INTL CODE COUNCIL PUBLICATION BLDG PERMIT: BLDG & 624.83 624.83 SAFETY 212167 4/27/2023 019835 JDS CREATIVE ACADEMY TRAINING VIDEO: EMERGENCY MGMT: 2,800.00 FIRE FY 22/23 COMMUNITY SVC FUNDINC 8,300.00 11,100.00 212168 4/27/2023 023283 JDS LAW INC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212169 4/27/2023 021896 JP HANDMADE CORP, DBA BUSINESS CARDS: PREV: FIRE 81.82 MINUTEMAN PRESS BUSINESS CARDS: PREV: FIRE 81.82 163.64 212170 4/27/2023 016257 KELLY SPICERS INC, DBA WHITE COPY PAPER: CENTRAL SVCS 4,684.41 4,684.41 KELLY SPICERS STORES 212171 4/27/2023 001091 KEYSER MARSTON ON CALL CONSULTANT SVCS: 1,746.25 1,746.25 ASSOCIATES INC PLANNING 212172 4/27/2023 023322 KOMPOOCHA BREWING LLC TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212173 4/27/2023 017118 KRACH BREE B, DBA TROPHIES/ART PLATES: TCSD 34.26 34.26 TEMECULA TROPHY & DES 212174 4/27/2023 023331 LIVE WELL FAMILY FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 COUNSELING, SERVICES INC PRGM 212175 4/27/2023 006897 LORY, SUSAN TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212176 4/27/2023 020644 LUCKY STONE IRISH PUB REFUND: SEC DEP: CONF CTR 200.00 200.00 Page:4 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212177 4/27/2023 013982 M C I COMM SERVICE APR &DK90589 XXX-3046 GEN USAGE 34.53 APR 7DK89878 XXX-0714 USAGE MP 36.28 70.81 212178 4/27/2023 003782 MAIN STREET SIGNS, DBA STREET SIGN: FIRE DEPT 77.26 77.26 ATHACO INC 212179 4/27/2023 018925 MEMORABLE BITES LLC, DBA RFRSHMNTS: CERT CLASS TRAINING: 1,533.76 1,533.76 FIREHOUSE SUBS FIRE 212180 4/27/2023 005690 MICHELLES PLACE CANCER, FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 RESOURCE CENTER FUNDING 212181 4/27/2023 017860 MURRIETA PARTNERSHIP DBA, RIV CNTY INNOVATION MONTH 1,000.00 1,000.00 IMPACT SW RIVERSIDE CNTY SPONSORSHIP 212182 4/27/2023 023321 NAJI, AHMED M TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212183 4/27/2023 023320 NEW PALACE REALTY, AND TEM GRANT PRGM: COMM 10,000.00 10,000.00 INVESTMENTS INC REINVESTMENT 212184 4/27/2023 013319 NEW TANGRAM LLC, DBA CUBICLE/FURNITURE: OLD TOWN PD 69,525.90 69,525.90 TANGRAM 212185 4/27/2023 023314 OH, SEOUNGJAE TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212186 4/27/2023 000249 PETTY CASH PETTY CASH REIMBURSEMENT 1,500.00 1,500.00 212187 4/27/2023 023318 POLTL, PORSCHE TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212188 4/27/2023 005820 PRE PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 234.90 234.90 INC, DBA LEGALSHIELD 212189 4/27/2023 020127 QUINN COMPANY GENERATOR PM SVC: TVE2 982.88 GENERATOR ANNUAL MAINT: FIRE,' 666.15 GENERATOR PM SVC: CRC 1,101.67 GENERATOR ANNUAL MAINT: FIRE,' 886.79 GENERATOR ANNUAL MAINT: FIRE,' 643.05 4,280.54 212190 4/27/2023 001364 RCP BLOCK & BRICK INC MISC MASONRY SUPPLIES: PARKS: 32.34 32.34 PW 212191 4/27/2023 018831 RADEECAL INC NEW VEHICLE DECALS: CODE 660.25 660.25 ENFORCEMENT Page:5 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212192 4/27/2023 023312 REGINA C LAMORA, DBA TEM GRANT PRGM: COMM 10,000.00 10,000.00 GRAZING THEORY REINVESTMENT 212193 4/27/2023 001365 RIVERSIDE COUNTY OF, RENEW PERMIT: CIVIC CENTER 933.00 933.00 ENVIRONMENTAL HEALTH DEPT 212194 4/27/2023 000418 RIVERSIDE CO CLERK AND, CEQA FILING: CIP: PW22-14 51.14 51.14 RECORDER 212195 4/27/2023 000411 RIVERSIDE CO FLOOD ADD'L DEP REQ: HARVESTON/DATE ST 1,000.00 1,000.00 CONTROLAND, WATER CONSERVATION DIST 212196 4/27/2023 022715 RIVERSIDE CO PUBLIC MAR EMERG RADIO RENTALS: EOC 77.67 77.67 SAFETY, ENTERPRISE COMMUNICATION 212197 4/27/2023 004822 RIVERSIDE TRANSITAGENCY MAR TROLLEY SVCS: CITY MGR 2,198.60 2,198.60 212198 4/27/2023 021916 S THAI FOOD CORPORATION, TEM GRANT PRGM: COMM 10,000.00 10,000.00 DBA S THAI FOOD REINVESTMENT 212199 4/27/2023 023319 SAND TO SEA PROPERTIES TEM GRANT PRGM: COMM 10,000.00 10,000.00 INC REINVESTMENT 212200 4/27/2023 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SVCS: TVE2: ECON 300.00 PRESTON DEV PHOTOGRAPHY SVCS: FIRE CAPTAI 125.00 PHOTOGRAPHY SVCS: EARTH DAY 225.00 PHOTOGRAPHY SVCS: VITICULTURI 225.00 875.00 212201 4/27/2023 021309 SB&O INC ENG SURVEY SVCS: SIDEWALK: 2,009.00 PW22-16 DESIGN, ENVIRO & SURVEY SVS: RI 991.88 3,000.88 212202 4/27/2023 022929 SCP DISTRIBUTORS LLC, DBA MISC POOL SUPPLIES: AQUATICS: PW 795.98 LINCOLN AQUATICS MISC POOL SUPPLIES: AQUATICS: F -150.00 MISC POOL SUPPLIES: AQUATICS: F 227.85 873.83 212203 4/27/2023 023272 SHARON DENYSE WILSON, FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 ROCK YOUR RED 212204 4/27/2023 013695 SHRED IT US JV LLC, DBA DOCUMENT SHRED SVCS: CITY CLERK 207.48 207.48 SHRED IT USA LLC 212205 4/27/2023 023330 SIMPLE MEDICAL INC FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 PRGM Page.-6 apChkLst Final Check List Page: 7 04/27/2023 2:13:03PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 212206 4/27/2023 023333 EMPLOYEE #07309 (Continued) Description Amount Paid REIMB: PLAN COMMISSION ACADEMY 734.77 Check Total 734.77 212207 4/27/2023 002503 SOUTH COAST AIR QUALITY, FLAT EMISSIONS FEE: MPSC 151.85 MANAGEMENT DISTRICT I C E ELEC GEN DIESEL: MPSC 468.76 620.61 212208 4/27/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: LIBRARY 90.00 CONTROL INC PEST CONTROL SVCS: WEDDING CI 32.00 PEST CONTROL SVCS: TCC/PANTRI 123.00 PEST CONTROL SVCS: MRC 70.00 PEST CONTROL SVCS: SENIOR CEN 29.00 PEST CONTROL SVCS: BIRDSALL PI 70.00 PEST CONTROL SVCS: RRSP 480.00 PEST CONTROL SVCS: WOLF CREE 49.00 PEST CONTROL SVCS: MUSEUM 42.00 PEST CONTROL SVCS: VINTAGE HIL 94.00 1,079.00 212209 4/27/2023 013351 SPECIAL OLYMPICS, FY 22/23 COMMUNITY SVC FUNDING 5,000.00 5,000.00 SOUTHERN CALIFORNIA 212210 4/27/2023 000293 STADIUM PIZZA INC RFRSHMNTS: WORKFORCE PRGM: 109.14 TCSD RFRSHMNTS: WORKFORCE PRGM: 74.27 RFRSHMNTS: WORKFORCE PRGM: 110.94 RFRSHMNTS: WORKFORCE PRGM: 72.59 RFRSHMNTS: WORKFORCE PRGM: 60.37 RFRSHMNTS: WORKFOCE PRGM: T, 76.11 RFRSHMNTS: WORKFORCE PRGM: 97.23 RFRSHMNTS: WORKFORCE PRGM: 88.53 RFRSHMNTS: WORKFORCE PRGM: 40.69 RFRSHMNTS: WORKFORCE PRGM: 63.10 792.97 212211 4/27/2023 008337 STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: MALL 205.53 STOREFRONT MISC OFC SUPPLIES: FINANCE -117.18 MISC OFC SUPPLIES: FINANCE 32.56 MISC OFC SUPPLIES: TCSD 9.08 MISC OFC SUPPLIES: TVM: TCSD 430.50 560.49 212212 4/27/2023 015648 STEIN ANDREW, DBA PARKINK DAY CAMP BACKPACKS: CRC: TCSD 779.21 779.21 212213 4/27/2023 023310 STEPANYAN, DIANA TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212214 4/27/2023 023290 STU MCINTOSH REFUND: LD22-4185: PW 5,682.00 5,682.00 CONSTRUCTION INC 212215 4/27/2023 018688 SUPERIOR READY MX LP CONCRETE MATERIALS: STREET 1,148.44 1,148.44 MAINT: PW Page:7 apChkLst 04/27/2023 2:13:03PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212216 4/27/2023 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: TVE2: PW 74.45 74.45 COMPANY 212217 4/27/2023 023311 TUMBAGA, GLORIA TEM GRANT PRGM: COMM 10,000.00 10,000.00 REINVESTMENT 212218 4/27/2023 000161 TYLER TECHNOLOGIES INC MUNIS MIGRATION SVCS: FINANCE 1,400.00 MUNIS MIGRATION SVCS: FINANCE 2,100.00 3,500.00 212219 4/27/2023 023055 VAN OTTERLOO INC EQUIP REPAIR: STREET MAINT: PW 1,585.25 1,585.25 212220 4/27/2023 014486 VERIZON WIRELESS 3/11-4/10 TASK FORCE TABLES: 437.28 437.28 POLICE 212221 4/27/2023 023313 VET CORPS CONTRACTING TEM GRANT PRGM: COMM 10,000.00 10,000.00 INC REINVESTMENT 212222 4/27/2023 007987 WALMART MISC SUPPLIES: HOMELESS 617.38 OUTREACH OFC SUPPLIES: CLASSES: TCSD 179.06 796.44 212223 4/27/2023 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: VARIOUS FAC: 1,293.47 PW CLEANING SUPPLIES: CIVIC CTR 303.01 CLEANING SUPPLIES: VARIOUS FAC 14,076.02 CLEANING SUPPLIES: CIVIC CTR -111.71 CLEANING SUPPLIES: CIVIC CTR 111.71 CLEANING SUPPLIES: VARIOUS FAC 2,472.19 18,144.69 Grand total for UNION BANK: 565,151.65 Page:8 apChkLst Final Check List Page: 9 04/27/2023 2:13:03PM CITY OF TEMECULA 106 checks in this report. Grand Total All Checks: 565,151.65 Page:9 apChkLst Final Check List Page: 1 05/03/2023 12:03:32PM CITY OF TEMECULA Bank: eunion EFT UNION BANK Check # Date Vendor 504521 5/4/2023 016450 AIR EXCHANGE INC Description PLYMOVENT MAINT: FIRE STA 95 504522 5/4/2023 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE 504523 5/4/2023 013015 ALWAYS RELIABLE BACKFLOW, BACKFLOW TESTING: CHILDRENS AKA NANETTE SEMAN MUSEUM 504524 5/4/2023 007282 AMAZON CAPITAL SERVICES MISC SUPPLIES: ACE PRGM: TCSD INC MISC OFC SUPPLIES: ECON DEV MISC OFC SUPPLIES: FINANCE 504525 5/4/2023 004240 AMERICAN FORENSIC NURSES DRUG/ALCOHOL ANALYSIS: TEM AFN SHERIFF 504526 5/4/2023 000936 AMERICAN RED CROSS, STAFF CERTIFICATIONS: AQUATICS: HEALTH AND SAFETY SVCS TCSD 504527 5/4/2023 023030 ARJONA, GLORIA STTLMNT: BRAZILLIAN & LATIN JAZZ 4/21 504528 5/4/2023 001323 BLUETRITON BRANDS INC, WATER DELIVERY SVCS: TES POOL DBA READYREFRESH WATER DLVRY SVCS: TES POOL 504529 5/4/2023 022651 BRAND ASSASSINS MILITARY POLE BANNERS: ECO DEV 504530 5/4/2023 021588 BRAUN PETER, DBA TEMECULA PLANTSCAPE 504531 5/4/2023 022670 BROWN JAMAL DEON, DBA JDB TRAINING 504532 5/4/2023 022948 BRYANT. ROBERT APR PLANTSCAPE SVC: CIVIC CTR APR PLANTSCAPE SVC: LIBRARY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid 675.03 315.00 27.00 -15.00 89.16 140.45 62.01 410.00 901.40 20.43 40.43 2,266.66 500.00 200.00 805.00 840.00 280.00 630.00 268.80 165.76 331.52 392.00 784.00 1,139.60 1,046.36 637.00 259.00 392.00 Check Total 675.03 315.00 27.00 214.61 62.01 410.00 901.40 60.86 2.266.66 700.00 2,555.00 5,416.04 Page:1 apChkLst Final Check List Page: 2 05/03/2023 12:03:32PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504533 5/4/2023 021502 BUCHER, BRET PHILLIP TCSD INSTRUCTOR EARNINGS 840.00 TCSD INSTRUCTOR EARNINGS 1,344.00 TCSD INSTRUCTOR EARNINGS 448.00 TCSD INSTRUCTOR EARNINGS 770.00 TCSD INSTRUCTOR EARNINGS 606.38 4,008.38 504534 5/4/2023 004248 CALIF DEPT OF JUSTICE MAR BLOOD & ALCOHOL ANALYSIS: PD 910.00 ACCTING MAR FINGERPRINTING SVCS: HR 245.00 MAR FINGERPRINTING SVCS: VOLU 128.00 MAR FINGERPRINTING SVCS: POLIC 3,303.00 4,586.00 504535 5/4/2023 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIP: INFO 5.20 GOVERNMENT LLC TECH SFP EQUIP: OLD TOWN CAM & SOU 1,408.75 FUJITSU DESKTOP SCANNERS: INFO 1,638.30 TV REPLACEMENT FOR QLESS: COM 518.47 MISC SMALL TOOLS & EQUIP: INFO T 267.15 3,837.87 504536 5/4/2023 021291 COOKE AARON, DBA PROPER SIGNAGE: AQUATICS: TCSD 111.00 111.00 MANAGEMENT 504537 5/4/2023 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 336.00 TCSD INSTRUCTOR EARNINGS 308.00 TCSD INSTRUCTOR EARNINGS 168.00 TCSD INSTRUCTOR EARNINGS 70.00 TCSD INSTRUCTOR EARNINGS 140.00 1,022.00 504538 5/4/2023 010650 CRAFTSMEN PLUMBING & PLUMBING SVCS: PARKS: PW 180.00 180.00 HVAC INC 504539 5/4/2023 022483 DE LA SECURA INC, DBA DLS DSGN-BUILD SVCS: MRC PW 17-21 274,882.13 274,882.13 BUILDERS 504540 5/4/2023 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: AULD RD 133.21 133.21 SRVCS 504541 5/4/2023 018247 DOKKEN ENGINEERING DSGN SVCS: SOUTHSIDE PARKING 1,800.00 1,800.00 LOT Paget apChkLst Final Check List Page: 3 05/03/2023 12:03:32PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504542 5/4/2023 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: POLICE 133.42 DEPT FUEL FOR CITY VEHICLES: CITY MA 48.65 FUEL FOR CITY VEHICLES: EOC 98.08 FUEL FOR CITY VEHICLES: STREET; 2,076.05 FUEL FOR CITY VEHICLES: CODE El 155.65 FUEL FOR CITY VEHICLES: BLDG IN 324.08 FUEL FOR CITY VEHICLES: FIRE DEI 340.04 FUEL FOR CITY VEHICLES: TRAFFIC 1,141.63 FUEL FOR CITY VEHICLES: BLDG & 180.82 FUEL FOR CITY VEHICLES: CODE El 83.65 FUEL FOR CITY VEHICLES: TCSD 270.96 FUEL FOR CITY VEHICLES: POLICE 1 237.94 5,090.97 504543 5/4/2023 012217 DUDEK MAR CONSULT SVCS: CITYWIDE 8,112.50 8,112.50 DRAINAGE: CIP 504544 5/4/2023 010804 FEHRAND PEERS OLD TOWN TECH BASED PARKING: 1,899.75 1,899.75 LR22-0857 504545 5/4/2023 022726 FORENSIC NURSES OF SOCAL SART EXAMS: TEM SHERIFF 1,200.00 INC SART EXAMS: TEM SHERIFF 800.00 2,000.00 504546 5/4/2023 017135 EMPLOYEE #00472 REIMB: STAFF TRAINING: PARKS 504.00 504.00 504547 5/4/2023 021365 GEORGE HILLS COMPANY INC SUBROGATION RECOVERY FEE: RISK 2,273.47 2,273.47 MGMT 504548 5/4/2023 004890 GOLDEN STATE FIRE ADD'L FIRE INSPECTIONS: WEST WING 700.00 PROTECTION ADD'L FIRE INSPECTIONS: THEATEF 700.00 ADD'L FIRE INSPECTIONS: IWTCM: F 700.00 2,100.00 504549 5/4/2023 020628 HASA INC POOL SANITIZING CHEMICALS: VARI 860.94 860.94 POOLS 504550 5/4/2023 000520 HDL COREN AND CONE APR-JUNE PROP TAX CONSULTING: 6,557.69 6,557.69 FINANCE 504551 5/4/2023 010766 INLAND VALLEY SYMPHONY FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 INC, DBA TEMECULA VALLEY FUNDING 504552 5/4/2023 006914 INNOVATIVE DOCUMENT MAR COPIER 669.28 SOLUTIONS MAI NT/REPAI R/USAGE: CITYWI DE MAR COPIER MAINT/REPAIR/USAGE 5,088.70 5,757.98 504553 5/4/2023 019085 INTERPRETERS UNLIMITED PHONE INTERPRETER SVCS: TEM 16.50 16.50 INC SHERIFF Page:3 apChkLst Final Check List Page: 4 05/03/2023 12:03:32PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504554 5/4/2023 023069 INTL LINE BUILDERS INC, DBA TRAFFIC SIGNAL INSTALL: 103,494.15 103,494.15 ILB ELECTRICAL PROMENADE MALL R 504555 5/4/2023 013286 INTRADO LIFE & SAFETY INC MAR ENTERPRISES 911 SVC: INFO 375.00 375.00 TECH 504556 5/4/2023 022671 JFL ELECTRIC INC CONSTRUCTION CONTRACT SVCS: 42,040.35 42,040.35 PW-CIP 504557 5/4/2023 016110 LDCO INC CNSTRCTN CONTRACT SVCS: MPSC 225,821.83 225,821.83 RENO 504558 5/4/2023 004141 MAINTEX INC CLEANING SUPPLIES: VARI FACILITIES 5,349.64 5,349.64 504559 5/4/2023 022664 MARIPOSA TREE ANNUAL TREE TRIMMING: MEDIANS: 4,354.47 MANAGEMENT INC PARKS TREE SVCS: S-08 SYCAMORE PROJ 982.72 TREE SVCS: S-20 CROWN HILLS: PA 20,942.60 TREE SVCS: ROW: PARKS 24,073.80 50,353.59 504560 5/4/2023 013443 MIDWEST TAPE LLC BOOKS ON TAPE: LIBRARY 43.49 BOOKS ON TAPE: LIBRARY 257.90 301.39 504561 5/4/2023 021343 MILLER ARCHITECTURAL ARCHITECTURAL SVCS:HARVESTON 5,360.00 CORP RENOVATION ARCHITECTURAL SVCS: HARVESTC 2,940.00 8,300.00 504562 5/4/2023 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS 672.00 TCSD INSTRUCTOR EARNINGS 369.60 TCSD INSTRUCTOR EARNINGS 201.60 1,243.20 504563 5/4/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: CIVIC CENTER 423.92 INC MISC ELECTRICAL SUPPLIES: CHAP 30.93 ELECTRICAL SUPPLIES: THEATER 74.49 ELECTRICAL SUPPLIES: CHILDREN; 18.82 ELECTRICAL SUPPLIES: CIVIC CTR 2,055.38 ELECTRICAL SUPPLIES: FOC 366.64 2,970.18 504564 5/4/2023 004586 MOORE FENCE COMPANY INC FENCE REPAIR: BUTTERFIELD/PAUBA 3,947.15 3,947.15 504565 5/4/2023 020946 MUSSON THEATRICAL INC MISC SUPPLIES: THEATER: TCSD 230.40 230.40 504566 5/4/2023 020555 NEXTECH SYSTEMS INC TRAFFIC SIGNAL EQUIPMENT: PW 29,360.78 29,360.78 Page:4 apChkLst Final Check List Page: 5 05/03/2023 12:03:32PM CITY OF TEMECULA Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504567 5/4/2023 022599 NIEVES LANDSCAPE INC TURF REPLACEMENT: FIRE STA 84 25,785.00 TURF REPLACEMENT: FIRE STA92 31,815.00 MAR LDSCP MAINT SVCS: PW MEDI, 20,836.90 MAR LDSCP MAINT SVCS: CRC/PAR 78,180.30 TURF REPLACEMENT: VOORBURG 1 49,931.00 MAR LDSCP MAINT SVCS: PARKS: P 58,420.50 264,968.70 504568 5/4/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: MEDIC: FIRE DEPT 2,799.77 2,799.77 INC 504569 5/4/2023 005075 PRUDENTIAL OVERALL SUPPLY FLOOR MATS/TOWEL RENTALS: CRC 31.45 FLOOR MATS/TOWEL RENTALS: THE 9.89 FLOOR MATS/TOWEL RENTALS: TCC 14.32 FLOOR MATS/TOWEL RENTALS: THE 9.89 FLOOR MATS/TOWEL RENTALS: TVI\ 12.74 FLOOR MATS/TOWEL RENTALS: MP! 24.52 UNIFORM SVCS: STREET MAINT: PV 52.44 FLOOR MATS/TOWEL RENTALS: FO( 10.28 FLOOR MATS/TOWELS RENTALS: lU\ 22.73 FLOOR MATS/TOWEL RENTALS: CR( 31.45 FLOOR MATS/TOWEL RENTALS: LIBI 19.88 FLOOR MATS/TOWEL RENTALS: LIBI 19.88 FLOOR MATS/TOWEL RENTALS: TCC 14.32 UNIFORM SVCS: STREET MAINT: PV 89.82 363.61 504570 5/4/2023 022537 REFRIGERATION SUPPLIES, MISC HVAC SUPPLIES: FOC 31.32 DISTRIBUTOR MISC HVAC SUPPLIES: FOC 55.60 MISC HVAC SUPPLIES: FOC 74.56 MISC HVAC SUPPLIES: OLD TOWN N 1,045.06 MISC HVAC SUPPLIES: FOC 182.23 MISC HVAC SUPPLIES: CIVIC CTR 83.22 1,471.99 504571 5/4/2023 004274 SAFE AND SECURE LOCKSMITH SVCS: OLD TOWN MAINT: 59.27 LOCKSMITH SRVC PW LOCKSMITH SVCS: FOC 22.84 LOCKSMITH SVCS: CIVIC CTR 149.73 231.84 504572 5/4/2023 020922 EMPLOYEE #00529 REIMB: RFRSHMNTS: PTSC 72.07 72.07 COMMISSION 504573 5/4/2023 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 4/20/23 665.00 JAZZ @ THE MERC 04/13/23 545.00 1,210.00 504574 5/4/2023 022659 SIDI SEBASTIAN, DBA SEBAZ VIDEO SVCS: SOTC: CITY MGR 3,000.00 3,000.00 VIDEO PRODUCTIO 504575 5/4/2023 009746 SIGNS BY TOMORROW SIGN POSTING SVCS: DOOR VINYL 809.54 809.54 UPDATES: P Page:5 apChkLst 05/03/2023 12:03:32PM Final Check List CITY OF TEMECULA Page: 6 Bank: eunion EFT UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 504576 5/4/2023 013482 SILVERMAN ENTERPRISES 04/17- 05/07 SECURITY: ROTATING 3,753.75 3,753.75 INC, DBA BAS SECURITY PARKS 504577 5/4/2023 014783 SOFTRESOURCES LLC CONSULTING SVCS: MUNIS: FINANCE 1,017.50 1,017.50 504578 5/4/2023 003840 STRONGS PAINTING PAINTING SVCS: WEDDING CHAPEL 7,800.00 PREP & PAINT VAIL RANCH MONUMI 8,000.00 15,800.00 504579 5/4/2023 000944 SWARCO MCCAIN INC TRAFFIC SIGNAL PARTS: TRAFFIC: PW 1,739.17 TRAFFIC POLE PARTS: STREET MAI 315.38 2,054.55 504580 5/4/2023 017415 TK ELEVATOR CORPORATION ELEVATOR SVCS: FOC 274.99 ELEVATOR SVCS: TVE2 308.33 ELEVATOR SVCS: WEST WING 263.33 846.65 504581 5/4/2023 022566 TRAFFIC LOGIX CORPORATION CLOUD SUBSCRIPTION: 3 YEAR 2,100.00 2,100.00 RENEW:TRAFFI 504582 5/4/2023 019774 EMPLOYEE #06649 REIMB: PLAN COMMISSION ACADEMY 177.09 177.09 504583 5/4/2023 019793 URBANE CAFE, TGH RFRSHMNTS: WORKFORCE PRGMS: 69.06 69.06 ENTERPRISES LLC TCSD 504584 5/4/2023 018147 WADDLETON, JEFFREY L DJ/MC SVCS: EARTH DAY: TCSD 525.00 525.00 504585 5/4/2023 020275 WALLACE & ASSOC MAR CONST MGMT SVCS: CRC: 21,695.00 21,695.00 CONSULTING LLC, ANSER PW19-07 ADVISORY MNGMT LLC 504586 5/4/2023 008402 WESTERN RIVERSIDE CO REG, SEP'2 MSHCP PAYMENT 38,200.19 38,200.19 CONSERVATION AUTHORITY 504587 5/4/2023 000341 WILLDAN ASSOCIATES INC TRAFFIC ENGINEERING SVCS: 262.50 262.50 TRAFFIC: PW Grand total for EFT UNION BANK: 1,179,554.47 Page:6 apChkLst Final Check List Page: 7 05/03/2023 12:03:32PM CITY OF TEMECULA 67 checks in this report. Grand Total All Checks: 1,179,554.47 Page:7 apChkLst 05/04/2023 3:23:12PM Final Check List CITY OF TEMECULA Page: 1 Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 14936 4/25/2023 001212 SO CALIF GAS COMPANY VARIOUS MAR SO CAL GAS SVCS 22,377.33 22,377.33 14937 4/28/2023 010276 TIME WARNER CABLE VARIOUS MAR/APR INTERNET SVCS 12,624.84 12,624.84 14938 4/28/2023 000262 RANCHO CALIF WATER VARIOUS WATER MARCH BATCH 3 11,607.18 11,607.18 DISTRICT 14939 4/25/2023 018858 FRONTIER CALIFORNIA INC VARIOUS MAR/APR INTERNET SVCS 19,711.20 19,711.20 14940 4/30/2023 000537 SO CALIF EDISON VARIOUS MAR SOCAL EDISON SVCS 153,955.87 153,955.87 14941 5/2/2023 022942 MOOD MEDIA NORTH APR DISH NETWORK: 41952 6TH ST 65.18 65.18 AMERICA, HOLDINGS LLC 14943 4/20/2023 023288 RIVERSIDE SHERIFFS, FY22/23 COMMUNITY SERVICE 250,000.00 250,000.00 CHARITIES INC THE FUNDING 212224 5/4/2023 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT: 380.79 380.79 PW 212225 5/4/2023 010905 ALLIED TRAFFIC & CERAMIC MARKERS: STREET MAINT: 1,590.47 1,590.47 EQUIPMENT, RENTALS INC PW 212226 5/4/2023 000101 APPLE ONE INC APR TEMP HELP: FINANCE 12,232.24 12,232.24 212227 5/4/2023 022888 ARAMARK SERVICES INC, DBA RFRSHMNT SVCS: FOC: PW 122.10 ARAMARK REFRESHMENT REFRESHMENT SVCS: FOC: PW 110.00 RFRSHMNT SVCS: FOC: PW 262.39 RFRSHMNT SVCS: FOC: PW 73.07 RFRSHMNT SVCS: FOC: PW 113.74 RFRSHMNT SVCS: FOC: PW 59.34 RFRSHMNT SVCS: FOC: PW 151.43 RFRSHMNT SVCS: FOC: PW 120.00 1,012.07 212228 5/4/2023 006254 BALLET FOLKLORICO, AKA TCSD INSTRUCTOR EARNINGS 336.00 LORENA HANCOCK TCSD INSTRUCTOR EARNINGS 246.40 TCSD INSTRUCTOR EARNINGS 358.40 940.80 212229 5/4/2023 023337 BUSCH, DANIELLE FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 PRGM 212230 5/4/2023 023077 BW INDUSTRIES INC PROJ MGMT SVCS: DOCUSIGN 3,981.25 3,981.25 Page:1 apChkLst Final Check List Page: 2 05/04/2023 3:23:12PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212231 5/4/2023 004971 CANON FINANCIAL SERVICES APR COPIERS LEASE: LIBRARY 671.56 671.56 INC 212232 5/4/2023 018828 CASC ENGINEERING AND, MAR ENG SVCS: CATCH BASIN 1,741.00 1,741.00 CONSULTING INC ANALYSIS 212233 5/4/2023 022930 CCS SAN DIEGO JANITORIAL MAR JANITORIAL SVCS: CITY FACS 25,297.34 INC, DBACCS FACILITY SERVICES MAY JANITORIAL SERVICES: OTSF F 616.04 APR JANITORIAL SVCS: CITY FACS 21,235.02 CREDIT: JANITORIAL SVCS: CITY F/ -17,070.84 30,077.56 212234 5/4/2023 004381 CENTER FOR HEALTHCARE, CPR CERTIFICATION: FIRE 87.45 87.45 EDUCATION INC 212235 5/4/2023 009640 CERTIFION CORP DBA APR ONLINE DATABASE SUBSCR: 200.00 200.00 ENTERSECT POLICE 212236 5/4/2023 010307 CHICK FILA INC REFUNDABLE DEP: LD21-3276: PW 19,000.00 19,000.00 212237 5/4/2023 005417 CINTAS PROTECTION NO 2, FIRST AID KIT MAINT: RISK MGMT 111.60 CINTAS FIRE 636525 FIRST AID KIT MAINT: RISK MGMT 67.79 FIRST AID KIT MAINT: RISK MGMT 54.99 FIRST AID KIT MAINT: RISK MGMT 146.39 FIRST AID KIT MAINT: RISK MGMT 64.90 FIRST AID KIT MAINT: RISK MGMT 126.95 FIRST AID KIT MAINT: RISK MGMT 174.23 746.85 212238 5/4/2023 023158 COMMERCIAL CLEANING BY JANITORIAL SVCS: MALL SUBSTATION: 814.77 814.77 ROGERS, SERVICEMASTER TEM SH COMMERCIAL 212239 5/4/2023 023175 COMPLETE OFFICE OF MISC OFC SUPPLIES: BLDG & SAFETY 331.43 CALIFORNIA, INC MISC OFC SUPPLIES: BLDG & SAFE 54.20 MISC OFC SUPPLIES: PLANNING DE 21.70 MISC OFC SUPPLIES: BLDG & SAFE' 2.33 409.66 212240 5/4/2023 017038 CPS HR CONSULTING CLASSIFICATION STUDY: HR 6,818.75 6,818.75 212241 5/4/2023 004526 DAVID BRUCE WILSON, DBA FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 DESTINATION TEMECULA PRGM 212242 5/4/2023 012600 DAVID EVANS AND ENG SVCS: PICKLEBALL COURTS 10,242.50 ASSOCIATES INC PW21-03 ENG DSGN SVCS: HOCKEY RINK: Rf 13,477.50 23,720.00 212243 5/4/2023 002990 DAVID TURCH AND MAR FEDERAL LOBBYING SVCS: CITY 5,500.00 5,500.00 ASSOCIATES MGR Paget apChkLst 05/04/2023 3:23:12PM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212244 5/4/2023 023336 DECATUR ADVISORS LLC ENG REFUNDABLE DEP: LD17-0488 39,000.00 39,000.00 212245 5/4/2023 019681 EJK CORPORATION, DBA BEST PET WASTE BAGS: PARKS: PW 3,804.00 3,804.00 BAG COMPANY 212246 5/4/2023 023276 ELLIS EQUIPMENT INC CONCRETE K-RAIL: STREET MAINT: 10,440.00 10,440.00 PW 212247 5/4/2023 023339 FABWEST MANUFACTURING FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 PRGM 212248 5/4/2023 022610 FLOCK GROUP INC, DBA RELOCATION OF FLOCK CAMERA: TEM 750.00 750.00 FLOCK SAFETY SHERIFF 212249 5/4/2023 022832 GEOTAB USA INC VEHICLE TELEMATICS: CITY FLEET 1,602.75 1,602.75 212250 5/4/2023 023246 GREEN ACRES INTERACTIVE, FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 THERAPY FUNDING 212251 5/4/2023 013749 HELIXSTORM INC HPE SUPPORT RENEWAL: INFO TECH 56,240.89 56,240.89 212252 5/4/2023 013321 HESS, JOHN PAUL VIDEOGRAPHY SVCS: CITY MGR 665.00 665.00 212253 5/4/2023 020698 HICKS AND HARTWICK INC ENG PLAN CK SVCS: PRADO : LAND 1,620.00 1,620.00 DEV 212254 5/4/2023 022946 EMPLOYEE #07115 REIMB: TEAM PACE: HR 75.40 75.40 212255 5/4/2023 003198 HOME DEPOT HARDWARE SUPPLIES: OT 199.66 199.66 STOREFRONT 212256 5/4/2023 014062 ID CARD GROUP PROXIMITY CARD SUPPLIES: INFO 1,305.53 1,305.53 TECH 212257 5/4/2023 022569 INLAND FLEET SOLUTIONS INC VEHICLE REPAIRS: STREETS: PW 141.75 VEHICLE REPAIRS: STREETS: PW 177.19 VEHICLE REPAIRS: STREETS: PW 177.19 EQUIPMENT REPAIR: STREETS: PW 177.19 673.32 212258 5/4/2023 023223 INTERNATIONAL CHRISTIAN, FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 ADOPTIONS FUNDING 212259 5/4/2023 003296 INTL CODE COUNCIL PUBLICATIONS: BLDG INSPECTORS 141.48 PUBLICATIONS: BLDG INSPECTORS 1,932.97 PUBLICATIONS: BLDG INSPECTORS 170.63 2,245.08 Page:3 apChkLst Final Check List Page: 4 05/04/2023 3:23:12PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212260 5/4/2023 023342 JDS VIDEO AND MEDIA, FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 PRODUCTIONS INC PRGM 212261 5/4/2023 022770 KEY BUSINESS SOLUTIONS, PACKAGE TRACKING: CENTRAL SVCS 2,495.00 2,495.00 DBA QTRAK 212262 5/4/2023 001091 KEYSER MARSTON ON CALL CONSULTANT SVCS: 1,735.63 1,735.63 ASSOCIATES INC PLANNING 212263 5/4/2023 017118 KRACH BREE B, DBA PLAQUES: PLANNING COMMISSION 119.08 119.08 TEMECULA TROPHY & DES 212264 5/4/2023 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 274.40 TCSD INSTRUCTOR EARNINGS 274.40 548.80 212265 5/4/2023 016353 MEYERS NAVE, A APPEAL SVCS: THE BANK 1,680.00 1,680.00 PROFESSIONAL CORP 212266 5/4/2023 008956 PANERA BREAD RFRSHMNTS: WORKSHOPS: TVE2 145.18 145.18 212267 5/4/2023 010338 POOL AND ELECTRICAL, POOLS SUPPLIES: AQUATICS: PARKS 981.59 981.59 PRODUCTS INC 212268 5/4/2023 021107 PUBLIC ADVERTISING AGENCY TEM '23 MAGAZINE DESIGN SVCS: 2,000.00 INC ECON DEV TEM '23 MAGAZINE DESIGN SVCS: E 5,891.16 7,891.16 212269 5/4/2023 000411 RIVERSIDE CO FLOOD SMR FY 22/23 NPDES PERMIT: PW 585,413.66 585,413.66 CONTROL AND, WATER CONSERVATION DIST 212270 5/4/2023 022715 RIVERSIDE CO PUBLIC MAR EMERGENCY RADIO RENTALS: 1,893.31 SAFETY, ENTERPRISE POLICE COMMUNICATION MAR EMERG RADIO RENTALS: COD 388.35 2,281.66 212271 5/4/2023 016439 ROTARY CLUB OF TEMECULA, FY22/23 COMMUNITY SERVICE 30,000.00 30,000.00 FOUNDATION FUNDING 212272 5/4/2023 023304 RTA RANCHO HIGHLANDS LLC REFUND: B19-4065 & B19-4075 772.50 772.50 212273 5/4/2023 021964 RUSSELL SIGLER INC, DBA A/C UNITS: MPSC OUTDOOR REC 3,390.83 SIGLER WHOLESALE DIST AREA: CIP A/C UNITS: MPSC OUTDOOR REC Al 722.10 A/C UNITS: MPSC OUTDOOR REC Al 6,986.10 A/C UNITS: MPSC OUTDOOR REC AI 9,145.88 20,244.91 212274 5/4/2023 013375 EMPLOYEE #00474 REIMB: CPRS CONF: TCSD 845.82 845.82 Page:4 apChkLst Final Check List Page: 5 05/04/2023 3:23:12PM CITY OF TEMECULA Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212275 5/4/2023 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 04/15 810.00 810.00 TEMECULA MUSIC ACADEMY 212276 5/4/2023 021309 SB&O INC ENG SURVEY SVCS: SIDEWALK: 10,577.00 PW22-16 ADA TRANSITION PLAN: PW18-16: C 3,000.00 ADA TRANSITION PLAN: PW18-16: C 303.20 13,880.20 212277 5/4/2023 010420 EMPLOYEE #00565 REIMB: CPRS CONF 4/4/23 30.00 30.00 212278 5/4/2023 015457 SHAW HR CONSULTING INC CONSULTING SVCS: REGISTRATION: 1,399.00 1,399.00 HR 212279 5/4/2023 013695 SHRED IT US JV LLC, DBA DOCUMENT SHRED SVCS: CITY CLERK 23.28 SHRED IT USA LLC DOCUMENT SHRED SVCS: PD 394.20 417.48 212280 5/4/2023 014818 SKYFIT TECH INC FITNESS CENTER MAINT SVCS: RISK 195.00 195.00 212281 5/4/2023 000519 SOUTH COUNTY PEST PEST CONTROL SVCS: CIVIC CTR 120.00 CONTROL INC PEST CONTROL SVCS: CHILDRENS 36.00 PEST CONTROL SVCS: CODE ENFO 1,940.00 PEST CONTROL SVCS: WINCHESTE 94.00 PEST CONTROL SVCS: THEATER 90.00 PEST CONTROL SVCS: STA 12 74.00 2,354.00 212282 5/4/2023 012652 SOUTHERN CALIFORNIA, MAY GEN USAGE: 0141,0839,0978,0979 508.75 508.75 TELEPHONE COMPANY 212283 5/4/2023 021890 SOUTHWEST DESIGN FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 SYSTEMS INC, DBATHOMAS PRGM EDWARD SALON 212284 5/4/2023 017814 STC TRAFFIC INC TRAFFIC ENG SVCS: SUPPORT SVCS: 5,085.00 PW TRAFFIC ENG SVCS: FIBER OPTIC C 16,410.00 21,495.00 212285 5/4/2023 023290 STU MCINTOSH REFUND: LD22-4185: PW 5,682.00 5,682.00 CONSTRUCTION INC 212286 5/4/2023 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 6,320.00 TCSD INSTRUCTOR EARNINGS 6,320.00 12,640.00 212287 5/4/2023 023221 SWCA INCORPORATED CONSULT SVCS: WILDFIRE 9,268.39 9,268.39 PROTECTION PLAN 212288 5/4/2023 020911 T MOBILE USA INC GPS LOCATE: TEM SHERIFF 100.00 100.00 212289 5/4/2023 003599 T Y LIN INTERNATIONAL ENG & CONSULT SVCS: FVP PH II 17,485.78 17,485.78 Page:5 apChkLst 05/04/2023 3:23:12PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 212290 5/4/2023 000876 TEMECULA VALLEY BALLOON SPONSORSHIP: BALLOON FESTIVAL 27,000.00 27,000.00 & WINE, FESTIVAL '23 ASSOCIATION 212291 5/4/2023 020425 TEMECULA VALLEY FY22/23 COMMUNITY SERVICE 5,000.00 5,000.00 CONSERVATORY, OF THE ARTS FUNDING 212292 5/4/2023 000783 TOMAR ELECTRONICS INC LIGHT BARS: COM DEV VEHICLES 7,981.62 7,981.62 212293 5/4/2023 022046 TURBOSCAPE INC LANDSCAPE ENHANCEMENT: PARKS: 12,710.00 12,710.00 PW 212294 5/4/2023 000161 TYLER TECHNOLOGIES INC MUNIS MIGRATION SVCS: FINANCE 1,400.00 1,400.00 212295 5/4/2023 020963 UPTOWN TEMECULAAUTO SPA JAN VEHICLE DETAILING SVCS: BLDG 25.00 25.00 LLC INSPECT 212296 5/4/2023 021019 US NATIONAL CORP PAINTING SVCS: HARVESTON PK: P-24 7,900.00 PAINTING SVCS: HARVESTON PK: P 33,000.00 PAINTING SVCS: HARVESTON PK: P 67,000.00 107,900.00 212297 5/4/2023 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES: VARIOUS 6,989.15 FACILITIES CLEANING SUPPLIES: VARIOUS FAC 141.94 7,131.09 212298 5/4/2023 008668 WES FLOWERS SUNSHINE FUND 96.55 96.55 212299 5/4/2023 013556 WESTERN AV AV EQUIP: OLD TOWN & VARIOUS 66,291.60 66,291.60 FACILITIES: 212300 5/4/2023 022900 WESTERN SYSTEMS INC TRAFFIC EQUIP: 3,240.83 3,240.83 JEFFERSON/OVERLAND: PW 212301 5/4/2023 023338 YAMILE ACOSTA JAIME, DBA FY22/23 COMMUNITY REINVESTMENT 10,000.00 10,000.00 AVEXPRESS PRGM Grand total for UNION BANK: 1,749,085.73 Page.-6 apChkLst Final Check List Page: 7 05/04/2023 3:23:12PM CITY OF TEMECULA 85 checks in this report. Grand Total All Checks: 1,749,085.73 Page:7 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: May 23, 2023 SUBJECT: Approve City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023 PREPARED BY: Jordan Snider, Senior Accountant RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of January 31, 2023, February 28, 2023, and March 31, 2023. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of as of January 31, 2023, February 28, 2023, and March 31, 2023. FISCAL IMPACT: None ATTACHMENTS: 1. City Treasurer's Report as of January 31, 2023 2. City Treasurer's Report as of February 28, 2023 3. City Treasurer's Report as of March 31, 2023 City of Temecula Portfolio Managment Treasury Report 41000 Main Street Aw Portfolio Management Temecula, CA 92590 (951)694-6430 Portfolio Summary January 31, 2023 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 27,148,768.58 27,148,768.58 27,148,768.58 14.25 1 1 3.305 3.351 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Trust Accounts 12,246,566.27 12,246,566.27 12,246,566.27 6.43 1 1 1.509 1.530 Local Agency Investment Funds 94,907,680.04 93,141,377.70 94,907,680.04 49.82 1 1 0.240 0.244 Money Market 7,841,702.16 7,841,702.16 7,841,702.16 4.12 1 1 2.091 2.120 Medium Term Notes 14,000,000.00 13,716,890.00 13,638,260.00 7.16 650 535 4.501 4.564 Federal Agency Callable Securities 17,000,000.00 15,557,730.00 16,997,500.00 8.92 1,590 988 0.723 0.733 Treasury Coupon Securities 12,000,000.00 11,802,980.00 11,772,968.76 6.18 535 425 4.324 4.384 Federal Agency Bullet Securities 5,000,000.00 4,844,050.00 4,945,480.00 2.60 898 311 1.969 1.996 Supranational 1,000,000.00 981,700.00 985,430.00 0.52 634 516 4.069 4.126 191,144,720.05 187,281,767.71 190,484,358.81 100.00% 249 164 1.500 1.521 Investments Cash Passbook/Checking 11,418,042.22 11,418,042.22 11,418,042.22 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 202,562,762.27 198,699,809.93 201,902,401.03 249 164 1.500 1.521 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year 196,720.45 1,087,508.97 Average Daily Balance 198,125,073.37 219,158,203.17 Effective Rate of Return 1.17% 0.84% Reporting period 01/01/2023-01/31/2023 Portfolio TEME Data Updated: SET_MTH: 04/20/2023 12:33 NL! CP Run Date: 04/20/2023 - 12:34 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2023 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 56.30 56.30 56.30 4.100 4.044 4.100 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 496,661.26 496,661.26 496,661.26 4.100 4.044 4.100 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 128,641.69 128,641.69 128,641.69 4.100 4.044 4.100 1 233358005-1 01-2 SPECF First Amer Govt Oblig Fund Cl 09/30/2022 12,064.45 12,064.45 12,064.45 4.100 4.044 4.100 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 524.96 524.96 524.96 4.100 4.044 4.100 1 276213006-6 03-02RES First Amer Govt Oblig Fund Cl 751,543.07 751,543.07 751,543.07 4.100 4.044 4.100 1 164741029-0 03-03 22 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 4.060 4.004 4.060 1 164741028-0 03-03 22 IF First Amer Govt Oblig Fund Cl 197,008.46 197,008.46 197,008.46 4.100 4.044 4.100 1 164741010-0 03-03 22 SPE First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164741026-6 03-03 22 SRB First Amer Govt Oblig Fund Cl 418,463.13 418,463.13 418,463.13 4.100 4.044 4.100 1 164741020-0 03-03 22 STIR First Amer Govt Oblig Fund Cl 1,437.17 1,437.17 1,437.17 4.100 4.044 4.100 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741022 03-03 STRB First Amer Govt Oblig Fund Cl 08/01/2022 2.16 2.16 2.16 4.170 4.113 4.170 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.180 0.178 0.180 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 26,401.75 26,401.75 26,401.75 4.100 4.044 4.100 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 23,685.93 23,685.93 23,685.93 4.100 4.044 4.100 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 4.37 4.37 4.37 4.120 4.064 4.120 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,471.37 17,471.37 17,471.37 4.100 4.044 4.100 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 148,368.29 148,368.29 148,368.29 4.100 4.044 4.100 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 693.85 693.85 693.85 4.100 4.044 4.100 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 107,130.00 107,130.00 107,130.00 4.100 4.044 4.100 1 94686001-6 034ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 110.63 110.63 110.63 4.100 4.044 4.100 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 04/20/2023 12:33 Run Date: 04/20/2023 - 12:34 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2023 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,823,819.86 6,823,819.86 6,823,819.86 4.100 4.044 4.100 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,167,143.82 3,167,143.82 3,167,143.82 4.100 4.044 4.100 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 167,938.25 167,938.25 167,938.25 4.100 4.044 4.100 1 276213025-1 16-01 SPECTF First Amer Govt Oblig Fund Cl 09/30/2022 22,089.86 22,089.86 22,089.86 4.100 4.044 4.100 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 0.97 0.97 0.97 4.120 4.064 4.120 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 18,225.83 18,225.83 18,225.83 4.100 4.044 4.100 1 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 27,391.26 27,391.26 27,391.26 4.100 4.044 4.100 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 6.70 6.70 6.70 4.030 3.975 4.030 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 5,251,920.06 5,251,920.06 5,251,920.06 4.100 4.044 4.100 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 04/20/2023 12:33 Run Date: 04/20/2023 - 12:34 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2023 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686006-5 034 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,209,889.30 8,209,889.30 8,209,889.30 2.010 1.982 2.010 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 308,622.75 308,622.75 308,622.75 4.100 4.044 4.100 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 821,450.19 821,450.19 821,450.19 0.221 0.218 0.221 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.620 0.612 0.620 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 0.89 0.89 0.89 0.000 0.000 1 164742006-0 03-06 Cash USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 27,149,768.17 27,148,768.58 27,148,768.58 27,148,768.58 3.305 3.351 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 0.00 0.00 0.00 0.150 0.148 0.150 1 218848050-0 2002 ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 0.00 0.00 0.00 0.063 0.062 0.063 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0.000 0 Letter of Credit 164741026-1 03-03 22 Res ASSURED GUARANTY MUNICIPAL COR 07/01/2022 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2022 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2022 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP Run Date: 04/20/2023 - 12:34 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2023 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust 12,246,566.27 12,246,566.27 12,246,566.27 1.530 1.509 1.530 1 Subtotal and Average 16,345,887.02 12,246,566.27 12,246,566.27 12,246,566.27 1.509 1.530 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 72,427,772.05 71,079,837.47 72,427,772.05 0.206 0.203 0.206 1 SYSRDA RDA CA Local Agency Investment Fun 1,914.71 1,879.08 1,914.71 0.365 0.360 0.365 1 SYSTCSD TCSD CA Local Agency Investment Fun 22,477,993.28 22,059,661.15 22,477,993.28 0.365 0.360 0.365 1 Subtotal and Average 83,759,262.34 94,907,680.04 93,141,377.70 94,907,680.04 0.240 0.244 1 Money Market 31846V542 Money Mkt USBANK 08/31/2022 7,841,702.16 7,841,702.16 7,841,702.16 2.120 2.091 2.120 1 Subtotal and Average 6,730,983.55 7,841,702.16 7,841,702.16 7,841,702.16 2.091 2.120 1 Medium Term Notes 04685A3J8 01285 Athene Global Funding 10/06/2022 2,000,000.00 1,929,040.00 1,920,360.00 2.514 5.385 5.460 401 03/08/2024 06406RAJ6 01282 Bank of NY Mellon Corp 09/27/2022 1,000,000.00 992,980.00 994,200.00 3.450 4.100 4.157 191 08/11/2023 14913Q21-2 01276 Caterpillar Financial Service 08/31/2022 2,000,000.00 1,992,300.00 2,000,000.00 3.450 3.398 3.445 103 05/15/2023 25160PAM9 01292 Deutsche Bank NY 11/14/2022 1,000,000.00 1,024,930.00 961,560.00 5.371 6.220 6.306 1,681 09/09/2027 46849LSQ5 01294 Jackson Natl Life Global 12/23/2022 2,000,000.00 1,877,460.00 1,879,480.00 3.050 4.957 5.026 1,183 04/29/2026 594918BQ6 01279 Microsoft Corp 09/07/2022 2,000,000.00 1,971,820.00 1,973,940.00 2.000 3.403 3.451 188 08/08/2023 21688AAU6 01284 Cooperat Rabobank UA/NY 09/30/2022 2,000,000.00 1,976,060.00 1,968,180.00 3.875 4.696 4.761 568 08/22/2024 89236TJX4 01288 Toyota Motor Credit Corp 10/14/2022 2,000,000.00 1,952,300.00 1,940,540.00 2.500 4.595 4.659 415 03/22/2024 Subtotal and Average 13,638,260.00 14,000,000.00 13,716,890.00 13,638,260.00 4.501 4.564 535 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 921,870.00 1,000,000.00 0.320 0.316 0.320 740 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 917,090.00 1,000,000.00 0.580 0.572 0.580 873 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 942,610.00 1,000,000.00 0.440 0.434 0.440 513 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 900,330.00 1,000,000.00 0.910 0.898 0.910 1,245 06/30/2026 3133ENAP5 01273 Federal Farm Credit Bank 10/14/2021 1,000,000.00 914,810.00 1,000,000.00 0.800 0.789 0.800 986 10/14/2025 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 904,980.00 1,000,000.00 0.520 0.513 0.520 1,092 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 928,680.00 1,000,000.00 0.350 0.345 0.350 663 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 914,560.00 1,000,000.00 0.550 1.011 1.025 1,175 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 930,960.00 1,000,000.00 0.700 0.690 0.700 818 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 910,220.00 1,000,000.00 0.500 0.493 0.500 1,211 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 915,930.00 1,000,000.00 0.500 1.973 2.000 1,225 06/10/2026 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP Run Date: 04/20/2023 - 12:34 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments January 31, 2023 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 918,790.00 1,000,000.00 0.720 0.710 0.720 894 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 926,820.00 1,000,000.00 0.600 0.592 0.600 817 04/28/2025 3130AP3M5 01270 Federal Home Loan Bank 09/28/2021 1,000,000.00 920,660.00 1,000,000.00 0.550 0.542 0.550 786 03/28/2025 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 901,930.00 1,000,000.00 0.500 0.493 0.500 1,063 12/30/2025 3130APBV6 01271 Union Bank 10/07/2021 1,000,000.00 896,000.00 999,000.00 1.000 1.007 1.021 1,344 10/07/2026 3130APAM7 01272 Union Bank 10/14/2021 1,000,000.00 891,490.00 998,500.00 0.900 0.918 0.931 1,351 10/14/2026 Subtotal and Average 16,997,500.00 17,000,000.00 15,557,730.00 16,997,500.00 0.723 0.733 988 Treasury Coupon Securities 912828T26 01281 U.S. Treasury 09/26/2022 2,000,000.00 1,955,700.00 1,945,703.13 1.375 4.088 4.145 241 09/30/2023 91282CEX5 01283 U.S. Treasury 09/29/2022 2,000,000.00 1,957,660.00 1,960,312.50 3.000 4.126 4.184 515 06/30/2024 91282CEX5 01287 U.S. Treasury 10/13/2022 2,000,000.00 1,957,660.00 1,955,312.50 3.000 4.304 4.364 515 06/30/2024 9128285P1 01289 U.S. Treasury 10/19/2022 2,000,000.00 1,969,380.00 1,966,093.75 2.875 4.387 4.448 302 11/30/2023 9128285UO 01290 U.S. Treasury 10/19/2022 2,000,000.00 1,961,800.00 1,957,265.63 2.625 4.412 4.473 333 12/31/2023 91282CFQ9 01291 U.S. Treasury 11/04/2022 2,000,000.00 2,000,780.00 1,988,281.25 4.375 4.622 4.687 638 10/31/2024 Subtotal and Average 11,772,968.76 12,000,000.00 11,802,980.00 11,772,968.76 4.324 4.384 425 Federal Agency Bullet Securities 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 982,560.00 1,000,000.00 1.420 1.401 1.420 187 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 960,910.00 1,000,000.00 0.920 0.907 0.920 411 03/18/2024 3133ENCA6 01274 Federal Farm Credit Bank 10/25/2021 1,000,000.00 939,600.00 1,000,000.00 0.700 0.690 0.700 632 10/25/2024 3135GO5G4 01278 Federal National Mtg Assn 09/02/2022 2,000,000.00 1,960,980.00 1,945,480.00 0.250 3.464 3.512 159 07/10/2023 Subtotal and Average 4,945,480.00 5,000,000.00 4,844,050.00 4,945,480.00 1.969 1.996 311 Supranational 4581XODA3 01280 Inter -American Devel Bk 09/08/2022 0.00 0.00 0.00 2.500 3.154 3.198 18 01/18/2023 4581XOEE4 01286 Inter -American Devel Bk 10/06/2022 1,000,000.00 981,700.00 985,430.00 3.250 4.069 4.126 516 07/01/2024 Subtotal and Average 1,532,429.68 1,000,000.00 981,700.00 985,430.00 4.069 4.126 516 Total and Average 198,125,073.37 191,144,720.05 187,281,767.71 190,484,358.81 1.500 1.521 164 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:33 NLI CP Run Date: 04/20/2023 - 12:34 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash January 31, 2023 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2022 17,354.73 17,354.73 17,354.73 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2022 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 11,285,800.49 11,285,800.49 11,285,800.49 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2022 110,976.00 110,976.00 110,976.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 04/20/2023 12:33 Run Date: 04/20/2023 - 12:34 198,125,073.37 202,562,762.27 198,699,809.93 201,902,401.03 1.500 1.521 164 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through January 2023 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 40,335,948.75 $ 16,411,596.09 $ 18,168,828.16 $ 38,578,716.68 002 MEASURE S FUND 32,805,044.21 3,099,416.62 48,074.63 35,856,386.20 006 FIRE FACILITY ACQUISITION FUND 1,505,260.23 4,706.27 2,022.42 $ 1,507,944.08 100 STATE GAS TAX FUND 1,449,648.17 474,164.26 - 1,923,812.43 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,564,433.33 214,077.55 3,723.60 2,774,787.28 103 STREETS MAINTENANCE FUND 6,446,714.26 17,544.27 8,661.59 6,455,596.94 105 NPDES 43,541.74 131,472.04 234.98 174,778.80 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 892,080.96 2,788.93 1,198.57 893,671.32 108 ARPA 7,039,753.50 - - 7,039,753.50 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 6,981,381.47 4,841.54 6,976,539.93 120 DEVELOPMENT IMPACT FUND 8,987,720.23 1,624,924.07 14,220.27 10,598,424.03 125 PEG PUBLIC EDUCATION & GOVERNMENT 751,847.22 2,281.56 3,327.04 750,801.74 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 836,592.03 2,615.45 1,124.02 838,083.46 150 AB 2766 FUND 325,259.46 920.59 437.01 325,743.04 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 138,338.60 8,668.94 - 147,007.54 161 TEMECULA MAJOR CRIMES REWARD FUND 53.39 - 0.07 53.32 165 AFFORDABLE HOUSING 5,391,874.57 30,913.33 28,378.40 5,394,409.50 170 MEASURE A FUND 7,309,999.24 724,642.85 222,105.37 7,812,536.72 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,474,909.70 2,337,284.48 2,027,758.25 2,784,435.93 191 TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT 855,833.36 2,675.81 1,149.87 857,359.30 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 143,122.37 330,689.78 25,248.83 448,563.32 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 480,177.86 5,048,869.80 4,682,709.17 846,338.49 195 TCSD SERVICE LEVEL 'R" STREET/ROAD MAINT 27,370.77 2,975.24 40.66 30,305.35 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 322,999.54 135,362.56 29,885.94 428,476.16 197 TEMECULA LIBRARY FUND 641,112.47 6,904.85 76,035.78 571,981.54 198 PUBLIC ART 156,290.65 2,460.91 212.66 158,538.90 210 CAPITAL IMPROVEMENT PROJECT FUND 12,286,765.57 239,657.26 4,977,966.26 7,548,456.57 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 213,587.45 697.00 23.14 214,261.31 277 CFD-RORIPAUGH 8,354,020.99 450.68 192.95 8,354,278.72 278 CFD-RORIPAUGH II 6,801,542.51 22,277.35 - 6,823,819.86 300 INSURANCE FUND 1,264,298.95 3,750.55 17,887.71 1,250,161.79 305 WORKER'S COMPENSATION 1,383,833.84 4,625.54 26,043.36 1,362,416.02 310 VEHICLES AND EQUIPMENT FUND 3,277,307.85 9,373.92 125,974.48 3,160,707.29 320 INFORMATION TECHNOLOGY 1,902,081.64 4,708.37 529,254.58 1,377,535.43 325 TECHNOLOGY REPLACEMENT FUND 2,481,365.40 7,138.93 3,333.88 2,485,170.45 330 CENTRAL SERVICES 49,511.99 134.32 25,466.26 24,180.05 335 CENTRAL SERVICES 341,547.54 1,037.23 13,405.01 329,179.76 340 FACILITIES 557,708.36 2,039.89 120,353.25 439,395.00 350 FACILITY REPLACEMENT FUND 825,184.43 1,344.08 1,108.69 825,419.82 380 SARDA DEBT SERVICE FUND 991,198.59 4,012,382.99 773,178.71 4,230,402.87 381 REDEVELOPMEN PROPERTY TAX TRUST - 3,220,213.00 3,220,213.00 - 460 CFD 88-12 DEBT SERVICE FUND 95,042.28 297.13 127.70 95,211.71 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 758,400.43 526,605.12 2,579.41 1,282,426.14 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 999,527.99 408,798.96 2,275.08 1,406,051.87 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 7,163.12 22.40 9.62 7,175.90 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 493,028.56 926,797.08 9,515.22 1,410,310.42 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 387,425.27 169,621.70 1,975.81 555,071.16 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 870,475.35 384,913.81 2,241.48 1,253,147.68 478 CFD-RORIPAUGH II 3,773,744.92 1,778,882.25 4,657.34 5,547,969.83 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD - 19,120.04 3,794.56 15,325.48 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 105,854.80 22,021.19 1,953.28 125,922.71 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 42,268.12 25,670.54 2,115.83 65,822.83 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3,559.68 3,211.12 370.49 6,400.31 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 8,099.00 21,569.10 1,992.93 27,675.17 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 33,020.21 15,315.76 1,031.68 47,304.29 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 2,753.97 8,052.02 751.52 10,054.47 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 70,695.46 73,925.32 7,192.27 137,428.51 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 28,525.74 2,747.34 201.16 31,071.92 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11,476.29 5,141.38 790.27 15,827.40 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2,535.30 1,141.60 113.72 3,563.18 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 56,599.80 51,378.51 6,752.88 101,225.43 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 22,670.52 17,940.22 1,892.56 38,718.18 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6,797.53 7,622.13 739.91 13,679.75 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 9,115.27 4,823.76 552.64 13,386.39 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 75,924.14 19,854.57 4,757.73 91,020.98 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 1,885.75 1,006.79 127.07 2,765.47 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 26,867.03 50,144.69 4,377.37 72,634.35 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 68,305.32 30,320.98 9,541.40 89,084.90 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 206,205.44 93,509.71 7,012.03 292,703.12 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 104,464.84 119,573.91 14,776.10 209,262.65 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9,471.37 2,250.41 241.64 11,480.14 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 25,592.92 4,192.41 337.84 29,447.49 524 SERVICE LEVEL"C"ZONE 24 HARVESTON - 86,662.05 20,015.79 66,646.26 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 57,368.73 22,727.67 2,289.29 77,807.11 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1,321.33 1,129.65 105.71 2,345.27 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6,312.06 4,784.45 368.87 10,727.64 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529,735.01 124,250.88 12,541.59 641,444.30 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 7,357.49 2,163.81 1,074.54 8,446.76 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,161.59 113.05 48.59 36,226.05 701 PENSION RATE STABILIZATION FUND $ 16,482,531.05 2,764,035.22 7,000,000.00 $ 12,246,566.27 Grand Total: $ 195,065,546.87 $ 45, 550,126.09 $ 42, 115,863.03 $ 198,699,809.93 Journal Entries completed after December's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. NF [�f City of Temecula Investments Portfolio Managment Treasury Report 41000 Main Street Portfolio Management Temec(951)6 92590 g (951)694-6430 Portfolio Summary February 28, 2023 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 31,712,127.16 31,712,127.16 31,712,127.16 15.79 1 1 3.570 3.619 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Trust Accounts 13,950,419.58 13,950,419.58 13,950,419.58 6.95 1 1 1.509 1.530 Local Agency Investment Funds 98,907,680.04 97,066,934.73 98,907,680.04 49.24 1 1 0.245 0.249 Money Market 5,012,080.27 5,012,080.27 5,012,080.27 2.50 1 1 2.091 2.120 Medium Term Notes 14,000,000.00 13,640,980.00 13,638,260.00 6.79 650 507 4.501 4.564 Federal Agency Callable Securities 17,000,000.00 15,328,820.00 16,997,500.00 8.46 1,590 960 0.723 0.733 Treasury Coupon Securities 15,000,000.00 14,686,560.00 14,705,937.51 7.32 493 378 4.415 4.476 Federal Agency Bullet Securities 5,000,000.00 4,839,450.00 4,945,480.00 2.46 898 283 1.969 1.996 Supranational 1,000,000.00 975,080.00 985,430.00 0.49 634 488 4.069 4.126 201,582,310.05 197,212,454.74 200,854,917.56 100.00% 241 153 1.600 1.622 Investments Cash Passbook/Checking 14,801,360.30 14,801,360.30 14,801,360.30 1 1 0.000 0.000 (not included in yield calculations) Total Cash and Investments 216,383,670.35 212,013,815.04 215,656,277.86 241 153 1.600 1.622 Total Earnings Current Year Average Daily Balance Effective Rate of Return February 28 Month Ending 193,482.81 207,508,684.45 1.22% Fiscal Year To Date 1,280,991.78 217,815,871.79 0.88% Reporting period 02/01/2023-02/28/2023 Portfolio TEME Data Updated: SET_MTH: 04/20/2023 12:38 NL! CP Run Date: 04/20/2023 -12:38 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2023 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 56.49 56.49 56.49 4.340 4.281 4.340 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 498,380.61 498,380.61 498,380.61 4.330 4.271 4.330 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 529,762.15 529,762.15 529,762.15 4.330 4.271 4.330 1 233358005-1 01-2 SPECF First Amer Govt Oblig Fund Cl 09/30/2022 12,106.21 12,106.21 12,106.21 4.330 4.271 4.330 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 526.78 526.78 526.78 4.100 4.044 4.100 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 754,144.77 754,144.77 754,144.77 4.330 4.271 4.330 1 164741029-0 03-03 22 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 4.060 4.004 4.060 1 164741028-0 03-03 22 IF First Amer Govt Oblig Fund Cl 197,690.47 197,690.47 197,690.47 4.330 4.271 4.330 1 164741010-0 03-03 22 SPE First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164741026-6 03-03 22 SRB First Amer Govt Oblig Fund Cl 419,911.77 419,911.77 419,911.77 4.330 4.271 4.330 1 164741020-0 03-03 22 STIR First Amer Govt Oblig Fund Cl 957,756.38 957,756.38 957,756.38 4.330 4.271 4.330 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741022 03-03 STRB First Amer Govt Oblig Fund Cl 08/01/2022 2.17 2.17 2.17 4.150 4.093 4.150 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.180 0.178 0.180 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 26,493.15 26,493.15 26,493.15 4.330 4.271 4.330 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 185,205.18 185,205.18 185,205.18 4.330 4.271 4.330 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 4.39 4.39 4.39 4.330 4.271 4.330 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,531.85 17,531.85 17,531.85 4.330 4.271 4.330 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 548,117.39 548,117.39 548,117.39 4.330 4.271 4.330 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 696.25 696.25 696.25 4.330 4.271 4.330 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 481,720.25 481,720.25 481,720.25 4.330 4.271 4.330 1 94686001-6 034ADMIN11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 034PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 034RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 111.01 111.01 111.01 4.330 4.271 4.330 1 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 04/20/2023 12:38 Run Date: 04/20/2023 - 12:38 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2023 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,847,442.61 6,847,442.61 6,847,442.61 4.330 4.271 4.330 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,178,107.86 3,178,107.86 3,178,107.86 4.330 4.271 4.330 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 2,329,557.05 2,329,557.05 2,329,557.05 4.330 4.271 4.330 1 276213025-1 16-01 SPECTF First Amer Govt Oblig Fund Cl 09/30/2022 22,166.33 22,166.33 22,166.33 4.330 4.271 4.330 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 0.97 0.97 0.97 4.120 4.064 4.120 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 18,288.92 18,288.92 18,288.92 4.330 4.271 4.330 1 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 27,484.16 27,484.16 27,484.16 4.330 4.271 4.330 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 6.72 6.72 6.72 4.310 4.251 4.310 1 218848009-6 2017B_PROJ First Amer Govt Oblig Fund Cl 5,270,101.19 5,270,101.19 5,270,101.19 4.330 4.271 4.330 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 Data Updated: SET _MTH: 04/20/2023 12:38 Run Date: 04/20/2023 - 12:38 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2023 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686006-5 034 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,252,777.49 8,252,777.49 8,252,777.49 2.010 1.982 2.010 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 310,234.28 310,234.28 310,234.28 4.330 4.271 4.330 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 825,741.42 825,741.42 825,741.42 0.221 0.218 0.221 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.620 0.612 0.620 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 0.89 0.89 0.89 0.000 0.000 1 164742006-0 03-06 Cash USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 30,436,590.41 31,712,127.16 31,712,127.16 31,712,127.16 3.570 3.619 1 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 0.00 0.00 0.00 0.150 0.148 0.150 1 218848050-0 2002 ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848060-0 2006AESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848070-0 2006BESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 218848080-0 2007ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 0.00 0.00 0.00 0.063 0.062 0.063 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0.000 0 Letter of Credit 164741026-1 03-03 22 Res ASSURED GUARANTY MUNICIPAL COR 07/01/2022 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2022 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2022 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP Run Date: 04/20/2023 - 12:38 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2023 Page 4 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust 13,950,419.58 13,950,419.58 13,950,419.58 1.530 1.509 1.530 1 Subtotal and Average 12,307,418.17 13,950,419.58 13,950,419.58 13,950,419.58 1.509 1.530 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 72,427,772.05 71,079,837.47 72,427,772.05 0.206 0.203 0.206 1 SYSRDA RDA CA Local Agency Investment Fun 1,914.71 1,879.08 1,914.71 0.365 0.360 0.365 1 SYSTCSD TCSD CA Local Agency Investment Fun 26,477,993.28 25,985,218.18 26,477,993.28 0.365 0.360 0.365 1 Subtotal and Average 95,050,537.18 98,907,680.04 97,066,934.73 98,907,680.04 0.245 0.249 1 Money Market 31846V542 Money Mkt USBANK 08/31/2022 5,012,080.27 5,012,080.27 5,012,080.27 2.120 2.091 2.120 1 Subtotal and Average 7,740,644.24 5,012,080.27 5,012,080.27 5,012,080.27 2.091 2.120 1 Medium Term Notes 04685A3J8 01285 Athene Global Funding 10/06/2022 2,000,000.00 1,936,220.00 1,920,360.00 2.514 5.385 5.460 373 03/08/2024 06406RAJ6 01282 Bank of NY Mellon Corp 09/27/2022 1,000,000.00 992,310.00 994,200.00 3.450 4.100 4.157 163 08/11/2023 14913Q21-2 01276 Caterpillar Financial Service 08/31/2022 2,000,000.00 1,993,640.00 2,000,000.00 3.450 3.398 3.445 75 05/15/2023 25160PAM9 01292 Deutsche Bank NY 11/14/2022 1,000,000.00 991,390.00 961,560.00 5.371 6.220 6.306 1,653 09/09/2027 46849LSQ5 01294 Jackson Natl Life Global 12/23/2022 2,000,000.00 1,850,080.00 1,879,480.00 3.050 4.957 5.026 1,155 04/29/2026 594918BQ6 01279 Microsoft Corp 09/07/2022 2,000,000.00 1,973,780.00 1,973,940.00 2.000 3.403 3.451 160 08/08/2023 21688AAU6 01284 Cooperat Rabobank UA/NY 09/30/2022 2,000,000.00 1,960,440.00 1,968,180.00 3.875 4.696 4.761 540 08/22/2024 89236TJX4 01288 Toyota Motor Credit Corp 10/14/2022 2,000,000.00 1,943,120.00 1,940,540.00 2.500 4.595 4.659 387 03/22/2024 Subtotal and Average 13,638,260.00 14,000,000.00 13,640,980.00 13,638,260.00 4.501 4.564 507 Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 911,950.00 1,000,000.00 0.320 0.316 0.320 712 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 904,270.00 1,000,000.00 0.580 0.572 0.580 845 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 938,390.00 1,000,000.00 0.440 0.434 0.440 485 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 881,720.00 1,000,000.00 0.910 0.898 0.910 1,217 06/30/2026 3133ENAP5 01273 Federal Farm Credit Bank 10/14/2021 1,000,000.00 900,040.00 1,000,000.00 0.800 0.789 0.800 958 10/14/2025 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 891,340.00 1,000,000.00 0.520 0.513 0.520 1,064 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 920,760.00 1,000,000.00 0.350 0.345 0.350 635 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 897,230.00 1,000,000.00 0.550 1.011 1.025 1,147 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 920,500.00 1,000,000.00 0.700 0.690 0.700 790 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 894,760.00 1,000,000.00 0.500 0.493 0.500 1,183 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 898,090.00 1,000,000.00 0.500 1.973 2.000 1,197 06/10/2026 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP Run Date: 04/20/2023 - 12:38 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments February 28, 2023 Page 5 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Callable Securities 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 905,510.00 1,000,000.00 0.720 0.710 0.720 866 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 916,570.00 1,000,000.00 0.600 0.592 0.600 789 04/28/2025 3130AP3M5 01270 Federal Home Loan Bank 09/28/2021 1,000,000.00 911,270.00 1,000,000.00 0.550 0.542 0.550 758 03/28/2025 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 886,180.00 1,000,000.00 0.500 0.493 0.500 1,035 12/30/2025 3130APBV6 01271 Union Bank 10/07/2021 1,000,000.00 875,830.00 999,000.00 1.000 1.007 1.021 1,316 10/07/2026 3130APAM7 01272 Union Bank 10/14/2021 1,000,000.00 874,410.00 998,500.00 0.900 0.918 0.931 1,323 10/14/2026 Subtotal and Average 16,997,500.00 17,000,000.00 15,328,820.00 16,997,500.00 0.723 0.733 960 Treasury Coupon Securities 912828T26 01281 U.S. Treasury 09/26/2022 2,000,000.00 1,957,340.00 1,945,703.13 1.375 4.088 4.145 213 09/30/2023 91282CEX5 01283 U.S. Treasury 09/29/2022 2,000,000.00 1,945,940.00 1,960,312.50 3.000 4.126 4.184 487 06/30/2024 91282CEX5 01287 U.S. Treasury 10/13/2022 2,000,000.00 1,945,940.00 1,955,312.50 3.000 4.304 4.364 487 06/30/2024 9128285P1 01289 U.S. Treasury 10/19/2022 2,000,000.00 1,967,180.00 1,966,093.75 2.875 4.387 4.448 274 11/30/2023 9128285UO 01290 U.S. Treasury 10/19/2022 2,000,000.00 1,959,460.00 1,957,265.63 2.625 4.412 4.473 305 12/31/2023 91282CFQ9 01291 U.S. Treasury 11/04/2022 2,000,000.00 1,981,260.00 1,988,281.25 4.375 4.622 4.687 610 10/31/2024 912828V23 01295 U.S. Treasury 02/09/2023 3,000,000.00 2,929,440.00 2,932,968.75 2.250 4.778 4.844 305 12/31/2023 Subtotal and Average 13,867,946.44 15,000,000.00 14,686,560.00 14,705,937.51 4.415 4.476 378 Federal Agency Bullet Securities 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 983,990.00 1,000,000.00 1.420 1.401 1.420 159 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 957,850.00 1,000,000.00 0.920 0.907 0.920 383 03/18/2024 3133ENCA6 01274 Federal Farm Credit Bank 10/25/2021 1,000,000.00 931,310.00 1,000,000.00 0.700 0.690 0.700 604 10/25/2024 3135GO5G4 01278 Federal National Mtg Assn 09/02/2022 2,000,000.00 1,966,300.00 1,945,480.00 0.250 3.464 3.512 131 07/10/2023 Subtotal and Average 4,945,480.00 5,000,000.00 4,839,450.00 4,945,480.00 1.969 1.996 283 Supranational 4581XOEE4 01286 Inter -American Devel Bk 10/06/2022 1,000,000.00 975,080.00 985,430.00 3.250 4.069 4.126 488 07/01/2024 Subtotal and Average 985,430.00 1,000,000.00 975,080.00 985,430.00 4.069 4.126 488 Total and Average 207,508,684.45 201,582,310.05 197,212,454.74 200,854,917.56 1.600 1.622 153 Portfolio TEME Data Updated: SET _MTH: 04/20/2023 12:38 NLI CP Run Date: 04/20/2023 - 12:38 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash February 28, 2023 Page 6 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2022 12,948.19 12,948.19 12,948.19 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2022 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 14,768,978.11 14,768,978.11 14,768,978.11 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2022 15,523.00 15,523.00 15,523.00 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments Data Updated: SET _MTH: 04/20/2023 12:38 Run Date: 04/20/2023 - 12:38 207,508,684.45 216,383,670.35 212,013,815.04 215,656,277.86 1.600 1.622 153 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through February 2023 Fund # Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 38,578,716.68 $ 12,165,902.59 $ 3,017,304.10 $ 47,727,315.17 002 MEASURE S FUND 35,856,386.20 4,117,206.92 17,740.30 39,955,852.82 006 FIRE FACILITY ACQUISITION FUND 1,507,944.08 669.23 $ 1,507,274.85 100 STATE GAS TAX FUND 1,923,812.43 - - 1,923,812.43 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,774,787.28 201,291.46 1,320.78 2,974,757.96 103 STREETS MAINTENANCE FUND 6,455,596.94 - 2,865.00 6,452,731.94 105 NPDES 174,778.80 77.57 174,701.23 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 893,671.32 396.61 893,274.71 108 ARPA 7,039,753.50 - 7,039,753.50 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 6,976,539.93 1,643.93 6,974,896.00 120 DEVELOPMENT IMPACT FUND 10,598,424.03 2,510,728.85 5,817.85 13,103,335.03 125 PEG PUBLIC EDUCATION & GOVERNMENT 750,801.74 45,646.50 526.98 795,921.26 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 838,083.46 - 371.94 837,711.52 150 AB 2766 FUND 325,743.04 - 10,140.13 315,602.91 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 147,007.54 8,333.33 - 155,340.87 161 TEMECULA MAJOR CRIMES REWARD FUND 53.32 - 0.02 53.30 165 AFFORDABLE HOUSING 5,394,409.50 184.79 19,235.97 5,375,358.32 170 MEASURE A FUND 7,812,536.72 - 3,467.21 7,809,069.51 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,784,435.93 215,159.63 767,534.17 2,232,061.39 191 TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT 857,359.30 - 380.50 856,978.80 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 448,563.32 - 26,648.62 421,914.70 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 846,338.49 101.66 5,017.28 841,422.87 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,305.35 - 13.45 30,291.90 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 428,476.16 301.17 20,530.46 408,246.87 197 TEMECULA LIBRARY FUND 571,981.54 4,774.44 40,141.22 536,614.76 198 PUBLIC ART 158,538.90 35,133.14 85.95 193,586.09 210 CAPITAL IMPROVEMENT PROJECT FUND 7,548,456.57 2,375,116.17 5,659,572.47 4,264,000.27 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 214,261.31 682.01 7.66 214,935.66 277 CFD-RORIPAUGH 8,354,278.72 42,890.01 63.85 8,397,104.88 278 CFD-RORIPAUGH II 6,823,819.86 23,622.75 - 6,847,442.61 300 INSURANCE FUND 1,250,161.79 320.20 72,545.09 1,177,936.90 305 WORKER'S COMPENSATION 1,362,416.02 320.19 17,178.53 1,345,557.68 310 VEHICLES AND EQUIPMENT FUND 3,160,707.29 - 12,864.36 3,147,842.93 320 INFORMATION TECHNOLOGY 1,377,535.43 5,220.33 305,315.44 1,077,440.32 325 TECHNOLOGY REPLACEMENT FUND 2,485,170.45 - 8,163.78 2,477,006.67 330 CENTRAL SERVICES 24,180.05 342.98 19,258.55 5,264.48 335 CENTRAL SERVICES 329,179.76 - 146.09 329,033.67 340 FACILITIES 439,395.00 5,811.19 119,163.13 326,043.06 350 FACILITY REPLACEMENT FUND 825,419.82 - 366.32 825,053.50 380 SARDA DEBT SERVICE FUND 4,230,402.87 18,337.14 - 4,248,740.01 460 CFD 88-12 DEBT SERVICE FUND 95,211.71 - 42.25 95,169.46 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,282,426.14 402,881.76 400,783.56 1,284,524.34 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,406,051.87 404,100.83 399,244.14 1,410,908.56 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 7,175.90 - 3.18 7,172.72 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,410,310.42 957,767.86 956,329.36 1,411,748.92 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 555,071.16 163,222.18 161,452.75 556,840.59 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,253,147.68 377,194.35 374,228.07 1,256,113.96 478 CFD-RORIPAUGH II 5,547,969.83 2,172,659.69 2,165,090.29 5,555,539.23 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 15,325.48 363.21 14,962.27 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 125,922.71 242.18 125,680.53 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65,822.83 528.81 65,294.02 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 6,400.31 69.27 6,331.04 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 27,675.17 383.72 27,291.45 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 47,304.29 184.50 47,119.79 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 10,054.47 190.76 9,863.71 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 137,428.51 60.99 137,367.52 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 31,071.92 89.62 30,982.30 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 15,827.40 193.32 15,634.08 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,563.18 54.02 3,509.16 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 101,225.43 21,874.61 79,350.82 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 38,718.18 591.44 38,126.74 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 13,679.75 347.78 13,331.97 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 13,386.39 239.16 13,147.23 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 91,020.98 40.40 90,980.58 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,765.47 37.00 2,728.47 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 72,634.35 341.40 72,292.95 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 89,084.90 186.38 88,898.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 292,703.12 129.90 292,573.22 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2O9,262.65 1,421.13 207,941.52 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 11,480.14 40.87 11,439.27 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 29,447.49 82.58 29,364.91 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 66,646.26 406.10 66,240.16 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 77,807.11 157.40 77,649.71 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2,345.27 1.04 2,344.23 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10,727.64 267.71 10,459.93 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 641,444.30 2,794.03 638,650.27 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8,446.76 18.77 8,427.99 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,226.05 16.08 36,209.97 701 PENSION RATE STABILIZATION FUND $ 12,246,566.27 2,000,000.00 296,146.69 $ 13,950,419.58 Grand Total: $ 198,699,809.93 $ 28,255,254.12 $ 14,941,249.01 $ 212,013,815.04 Journal Entries completed after January's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Portfolio Managment Treasury Report Portfolio Management Portfolio Summary March 31, 2023 City of Temecula 41000 Main Street Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts 37,504,730.06 37,504,730.06 37,504,730.06 17.69 1 1 3.882 3.936 Letter of Credit 3.00 3.00 3.00 0.00 1 1 0.000 0.000 Trust Accounts 14,148,878.97 14,148,878.97 14,148,878.97 6.68 1 1 1.509 1.530 Local Agency Investment Funds 103,907,680.04 102,505,999.62 103,907,680.04 49.02 1 1 0.251 0.254 Money Market 5,130,134.18 5,130,134.18 5,130,134.18 2.42 1 1 2.091 2.120 Medium Term Notes 14,000,000.00 13,684,200.00 13,638,260.00 6.43 650 476 4.501 4.564 Federal Agency Callable Securities 17,000,000.00 15,652,110.00 16,997,500.00 8.02 1,590 929 0.723 0.733 Treasury Coupon Securities 15,000,000.00 14,790,030.00 14,705,937.51 6.94 493 347 4.415 4.476 Federal Agency Bullet Securities 5,000,000.00 4,875,000.00 4,945,480.00 2.33 898 252 1.969 1.996 Supranational 1,000,000.00 985,210.00 985,430.00 0.46 634 457 4.069 4.126 212,691,426.25 209,276,295.83 211,964,033.76 100.00% 228 138 1.680 1.703 Investments Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return 7,089,502.30 7,089,502.30 7,089,502.30 1 1 0.000 0.000 219,780,928.55 216,365,798.13 219,053,536.06 228 138 1.680 1.703 March 31 Month Ending 245,880.15 221,371,611.58 1.31 % Fiscal Year To Date 1,546,299.16 218,218,163.52 0.94% Reporting period 03/01/2023-03/31/2023 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NL! CP Run Date: 05/09/2023 -10:05 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments March 31, 2023 Page 1 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 233358001-6 01-2 BOND F First Amer Govt Oblig Fund Cl 56.68 56.68 56.68 4.600 4.537 4.600 1 233358006-6 01-2 REF RES First Amer Govt Oblig Fund Cl 500,025.82 500,025.82 500,025.82 4.610 4.547 4.610 1 233358000-6 01-2 REF ST First Amer Govt Oblig Fund Cl 184,595.06 184,595.06 184,595.06 4.610 4.547 4.610 1 233358005-1 01-2 SPECF First Amer Govt Oblig Fund Cl 09/30/2022 12,146.17 12,146.17 12,146.17 4.610 4.547 4.610 1 276213009-6 03-02 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 276213008-6 03-02 IMPR First Amer Govt Oblig Fund Cl 528.52 528.52 528.52 4.610 4.547 4.610 1 276213006-6 03-02 RES First Amer Govt Oblig Fund Cl 756,634.29 756,634.29 756,634.29 4.610 4.547 4.610 1 164741029-0 03-03 22 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 4.060 4.004 4.060 1 164741028-0 03-03 22 IF First Amer Govt Oblig Fund Cl 198,343.07 198,343.07 198,343.07 4.610 4.547 4.610 1 164741010-0 03-03 22 SPE First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164741026-6 03-03 22 SRB First Amer Govt Oblig Fund Cl 421,297.95 421,297.95 421,297.95 4.610 4.547 4.610 1 164741020-0 03-03 22 STR First Amer Govt Oblig Fund Cl 594,410.48 594,410.48 594,410.48 4.610 4.547 4.610 1 164741002-6 03-03 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741022 03-03 STRB First Amer Govt Oblig Fund Cl 08/01 /2022 2.18 2.18 2.18 4.590 4.527 4.590 1 164741008-6 03-03IMP First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164741006-6 03-03RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.180 0.178 0.180 1 164741000-6 03-03SPEC First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.620 0.612 0.620 1 164742002-6 03-06 BOND F First Amer Govt Oblig Fund Cl 87.46 87.46 87.46 4.610 4.547 4.610 1 164742000-6 03-06SPEC First Amer Govt Oblig Fund Cl 154,402.11 154,402.11 154,402.11 4.610 4.547 4.610 1 229462007-6 03-1 2012 RF First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462002--6 03-1 BOND FD First Amer Govt Oblig Fund Cl 0.01 0.01 0.01 4.330 4.271 4.330 1 229462009-6 03-1 COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 229462006-6 03-1 RESERV First Amer Govt Oblig Fund Cl 17,589.72 17,589.72 17,589.72 4.610 4.547 4.610 1 229462000-6 03-1 SPECF First Amer Govt Oblig Fund Cl 386,376.16 386,376.16 386,376.16 4.610 4.547 4.610 1 94669921-6 03-1ACQ11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 94669911-6 03-1ACQA11 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669917-6 03-1 RES First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669916-6 03-1 RESB11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669000-6 03-1 SPTAX11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 276213002-6 03-2 REFU First Amer Govt Oblig Fund Cl 2.30 2.30 2.30 4.780 4.715 4.780 1 276213000-6 03-2 SPEC First Amer Govt Oblig Fund Cl 322,759.31 322,759.31 322,759.31 4.610 4.547 4.610 1 94686001-6 03-4ADMINI1 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 94686005-6 03-4PREP11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.070 0.069 0.070 1 94686000-6 03-4RED11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.050 0.049 0.050 1 94686006-6 034RES11 First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.060 0.059 0.060 1 276213022-6 16-01 BOND F First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 4.330 4.271 4.330 1 276213033 16-01 CAPIN2 First Amer Govt Oblig Fund Cl 03/01/2023 137,872.22 137,872.22 137,872.22 4.610 4.547 4.610 1 Data Updated: SET_MTH: 05/09/2023 10:04 Run Date: 05/09/2023 - 10:05 Portfolio TEME NLI CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments March 31, 2023 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 276213023-6 16-01 CAPINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.870 0.858 0.870 1 276213029-6 16-01 COI First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 276213039 16-01 C012 First Amer Govt Oblig Fund Cl 03/01/2023 102,354.76 102,354.76 102,354.76 4.610 4.547 4.610 1 276213028-6 16-01 IMP First Amer Govt Oblig Fund Cl 6,870,046.84 6,870,046.84 6,870,046.84 4.610 4.547 4.610 1 276213038 16-01 IMPF2 First Amer Govt Oblig Fund Cl 03/01/2023 7,525,225.70 7,525,225.70 7,525,225.70 4.610 4.547 4.610 1 276213026-6 16-01 RESERV First Amer Govt Oblig Fund Cl 3,188,599.18 3,188,599.18 3,188,599.18 4.610 4.547 4.610 1 276213020-6 16-01 SPECF First Amer Govt Oblig Fund Cl 1,141,194.21 1,141,194.21 1,141,194.21 4.610 4.547 4.610 1 276213025-1 16-01 SPECTF First Amer Govt Oblig Fund Cl 09/30/2022 22,239.50 22,239.50 22,239.50 4.610 4.547 4.610 1 276213036 16-01 RESF2 First Amer Govt Oblig Fund Cl 03/01/2023 245,754.64 245,754.64 245,754.64 4.610 4.547 4.610 1 218848001-6 2017A&B INT First Amer Govt Oblig Fund Cl 0.97 0.97 0.97 4.120 4.064 4.120 1 218848008-6 2017ABPRIORP First Amer Govt Oblig Fund Cl 18,349.29 18,349.29 18,349.29 4.610 4.547 4.610 1 218848013-2 2017B COI First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 218848000-6 2017B DS First Amer Govt Oblig Fund Cl 27,574.89 27,574.89 27,574.89 4.610 4.547 4.610 1 218848002-6 2017B PRIN First Amer Govt Oblig Fund Cl 6.74 6.74 6.74 4.600 4.537 4.600 1 218848009-6 201713_PROJ First Amer Govt Oblig Fund Cl 5,287,498.43 5,287,498.43 5,287,498.43 4.610 4.547 4.610 1 233358009-6 233358009-6 First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-6 RDA-021NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94434161-6 RDA-02PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886000-6 RDA-06AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886001-6 RDA06APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886010-6 RDA06BINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886011-6 RDA06BPRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.680 0.671 0.680 1 107886016-6 RDA06BRES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886020-6 RDA071NT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 107886021-6 RDA07PRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.930 0.917 0.930 1 107886028-6 RDA07PROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 107886026-6 RDA07RES First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.940 0.927 0.940 1 136343008-6 RDA10APROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343018-6 RDA10BPROJ First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343000-6 RDA10INT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 136343001-6 RDA10PRIN First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 136343006-6 RDA10RSRV First Amer Govt Oblig Fund Cl 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 146161000-6 RDA11AINT First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 146161001-6 RDA11APRIN First Amer Govt Oblig Fund Cl 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BOND3 First American Treasury 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INT1 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 94434161-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP Run Date: 05/09/2023 - 10:05 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments March 31, 2023 Page 3 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 136343018-2 RDA 10B CIP2 First American Treasury 0.00 0.00 0.00 0.010 0.010 0.010 1 146161008-3 RDA11APROJ Federated Institutional Tax Fr 0.00 0.00 0.00 0.800 0.789 0.800 1 146161006-3 RDA11ARSRV Federated Institutional Tax Fr 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-5 03-01 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 0.00 0.00 0.00 0.001 0.001 0.001 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 164742006-5 03-06 RES Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 164742000-5 03-06 SPEC Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669902-5 03-1 bond fd Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686001-5 034 ADMIN11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94686005-5 034 PREP11 Federated Tax Free Obligations 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 94686006-5 034 RES11 Federated Tax Free Obligations 0.00 0.00 0.00 0.250 0.247 0.250 1 94669917-1 03-01-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 276213008-1 03-02 IMP CA Local Agency Investment Fun 8,252,777.49 8,252,777.49 8,252,777.49 2.010 1.982 2.010 1 164742006-1 03-06 RES-1 CA Local Agency Investment Fun 310,235.60 310,235.60 310,235.60 4.000 3.945 4.000 1 229462007-1 03-1 2012 RE CA Local Agency Investment Fun 825,741.42 825,741.42 825,741.42 0.221 0.218 0.221 1 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 164741006-1 0303-1 RES CA Local Agency Investment Fun 0.00 0.00 0.00 0.620 0.612 0.620 1 107886028-1 RDA 07 PRO-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 107886026-1 RDA 07 RES-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 136343018-1 RDA 10B CIP1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.339 0.334 0.339 1 229462020-0 03-01 CASH USBANK 0.89 0.89 0.89 0.000 0.000 1 164742006-0 03-06 Cash USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 233358050-1 01-2 SPECESC U.S. Treasury 0.00 0.00 0.00 0.360 0.355 0.360 1 Subtotal and Average 37,504,730.06 37,504,730.06 37,504,730.06 37,504,730.06 3.882 3.936 Retention Escrow Account NOBEL COMPANY 3354 Banner Bank 0.00 0.00 0.00 0.150 0.148 0.150 218848050-0 2002 ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 218848060-0 2006AESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 218848070-0 2006BESCRO USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP Run Date: 05/09/2023 - 10:05 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Page Portfolio Details - Investments March 31, 2023 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Retention Escrow Account 218848080-0 2007ESCROW USBANK 07/01/2022 0.00 0.00 0.00 0.000 0.000 1 229462020-2 03-01 ESCROW U.S. Treasury 0.00 0.00 0.00 0.063 0.062 0.063 1 Subtotal and Average 0.00 0.00 0.00 0.00 0.000 0.000 0 Letter of Credit 164741026-1 03-03 22 Res ASSURED GUARANTY MUNICIPAL COR 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 218848006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 233358006-1 01-2 REFRESI ASSURANCE CO BOND INSURANCE 07/01/2022 1.00 1.00 1.00 0.000 0.000 1 Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000 1 Trust Accounts 6746058700 PARS Pension US Bank Trust Subtotal and Average 13,956,821.50 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun SYSRDA RDA CA Local Agency Investment Fun SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 99,068,970.36 Money Market 31846V542 Money Mkt USBANK Subtotal and Average Medium Term Notes 04685A3J8 01285 Athene Global Funding 06406RAJ6 01282 Bank of NY Mellon Corp 14913Q21-2 01276 Caterpillar Financial Service 25160PAM9 01292 Deutsche Bank NY 46849LSQ5 01294 Jackson Natl Life Global 594918BQ6 01279 Microsoft Corp 21688AAU6 01284 Cooperat Rabobank UA/N 89236TJX4 01288 Toyota Motor Credit Corp Subtotal and Average 08/31 /2022 5,015,888.46 10/06/2022 09/27/2022 08/31 /2022 11/14/2022 12/23/2022 09/07/2022 Y 09/30/2022 10/14/2022 13,638,260.00 14,148,878.97 14,148,878.97 14,148,878.97 14,148,878.97 72,427,772.05 71,450,745.23 1,914.71 1,888.88 31,477,993.28 31,053,365.51 103,907,680.04 102, 505,999.62 5,130,134.18 5,130,134.18 5,130,134.18 2,000,000.00 1,000,000.00 2,000,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 14,000,000.00 5,130,134.18 1,929,340.00 993,170.00 1,996,860.00 980,010.00 1,884,300.00 1,979,780.00 1,969,280.00 1,951,460.00 13,684,200.00 14,148, 878.97 1.530 1.509 1.530 1 14,148, 878.97 1.509 1.530 1 72,427,772.05 0.206 0.203 0.206 1 1,914.71 0.365 0.360 0.365 1 31,477,993.28 0.365 0.360 0.365 1 103,907,680.04 0.251 0.254 1 5,130,134.18 2.120 2.091 2.120 1 5,130,134.18 2.091 2.120 1 1,920,360.00 2.514 5.385 5.460 342 03/08/2024 994,200.00 3.450 4.100 4.157 132 08/11/2023 2,000,000.00 3.450 3.398 3.445 44 05/15/2023 961,560.00 5.371 6.220 6.306 1,622 09/09/2027 1,879,480.00 3.050 4.957 5.026 1,124 04/29/2026 1,973,940.00 2.000 3.403 3.451 129 08/08/2023 1,968,180.00 3.875 4.696 4.761 509 08/22/2024 1,940,540.00 2.500 4.595 4.659 356 03/22/2024 13,638,260.00 4.501 4.564 476 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP Run Date: 05/09/2023 - 10:05 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments March 31, 2023 Page 5 CUSIP Investment # Average Issuer Balance Purchase Date Par Value Market Value Book Value Stated Rate YTM 360 YTM Days to Maturity 365 Maturity Date Federal Agency Callable Securities 3133EMQGO 01259 Federal Farm Credit Bank 02/10/2021 1,000,000.00 928,280.00 1,000,000.00 0.320 0.316 0.320 681 02/10/2025 3133EMK92 01265 Federal Farm Credit Bank 06/23/2021 1,000,000.00 925,070.00 1,000,000.00 0.580 0.572 0.580 814 06/23/2025 3133EMN57 01266 Federal Farm Credit Bank 06/28/2021 1,000,000.00 949,060.00 1,000,000.00 0.440 0.434 0.440 454 06/28/2024 3133EMP22 01267 Federal Farm Credit Bank 06/30/2021 1,000,000.00 903,530.00 1,000,000.00 0.910 0.898 0.910 1,186 06/30/2026 3133ENAP5 01273 Federal Farm Credit Bank 10/14/2021 1,000,000.00 922,110.00 1,000,000.00 0.800 0.789 0.800 927 10/14/2025 313OAKQ41 01258 Federal Home Loan Bank 01/28/2021 1,000,000.00 909,560.00 1,000,000.00 0.520 0.513 0.520 1,033 01/28/2026 3130ALEU4 01260 Federal Home Loan Bank 02/25/2021 1,000,000.00 936,390.00 1,000,000.00 0.350 0.345 0.350 604 11/25/2024 3130ALWV2 01261 Federal Home Loan Bank 04/21/2021 1,000,000.00 919,690.00 1,000,000.00 0.550 1.011 1.025 1,116 04/21/2026 3130AM2V3 01262 Federal Home Loan Bank 04/29/2021 1,000,000.00 936,150.00 1,000,000.00 0.700 0.690 0.700 759 04/29/2025 3130AMNMO 01263 Federal Home Loan Bank 05/27/2021 1,000,000.00 913,910.00 1,000,000.00 0.500 0.493 0.500 1,152 05/27/2026 3130AMM90 01264 Federal Home Loan Bank 06/10/2021 1,000,000.00 919,580.00 1,000,000.00 0.500 1.973 2.000 1,166 06/10/2026 3130AN4N7 01268 Federal Home Loan Bank 07/14/2021 1,000,000.00 926,640.00 1,000,000.00 0.720 0.710 0.720 835 07/14/2025 3130ANAZ3 01269 Federal Home Loan Bank 07/28/2021 1,000,000.00 932,300.00 1,000,000.00 0.600 0.592 0.600 758 04/28/2025 3130AP3M5 01270 Federal Home Loan Bank 09/28/2021 1,000,000.00 926,830.00 1,000,000.00 0.550 0.542 0.550 727 03/28/2025 3134GXJL9 01257 Federal Home Loan Mtg Corp 12/30/2020 1,000,000.00 907,730.00 1,000,000.00 0.500 0.493 0.500 1,004 12/30/2025 3130APBV6 01271 Union Bank 10/07/2021 1,000,000.00 900,920.00 999,000.00 1.000 1.007 1.021 1,285 10/07/2026 3130APAM7 01272 Union Bank 10/14/2021 1,000,000.00 894,360.00 998,500.00 0.900 0.918 0.931 1,292 10/14/2026 Subtotal and Average 16,997,500.00 17,000,000.00 15,652,110.00 16,997,500.00 0.723 0.733 929 Treasury Coupon Securities 912828T26 01281 U.S. Treasury 09/26/2022 2,000,000.00 1,967,660.00 1,945,703.13 1.375 4.088 4.145 182 09/30/2023 91282CEX5 01283 U.S. Treasury 09/29/2022 2,000,000.00 1,964,140.00 1,960,312.50 3.000 4.126 4.184 456 06/30/2024 91282CEX5 01287 U.S. Treasury 10/13/2022 2,000,000.00 1,964,140.00 1,955,312.50 3.000 4.304 4.364 456 06/30/2024 9128285P1 01289 U.S. Treasury 10/19/2022 2,000,000.00 1,976,020.00 1,966,093.75 2.875 4.387 4.448 243 11/30/2023 9128285UO 01290 U.S. Treasury 10/19/2022 2,000,000.00 1,970,000.00 1,957,265.63 2.625 4.412 4.473 274 12/31/2023 91282CFQ9 01291 U.S. Treasury 11/04/2022 2,000,000.00 2,002,340.00 1,988,281.25 4.375 4.622 4.687 579 10/31/2024 912828V23 01295 U.S. Treasury 02/09/2023 3,000,000.00 2,945,730.00 2,932,968.75 2.250 4.778 4.844 274 12/31/2023 Subtotal and Average 14,705,937.51 15,000,000.00 14,790,030.00 14,705,937.51 4.415 4.476 347 Federal Agency Bullet Securities 3133ELMA9 01254 Federal Farm Credit Bank 02/07/2020 1,000,000.00 988,550.00 1,000,000.00 1.420 1.401 1.420 128 08/07/2023 3133ELTU8 01256 Federal Farm Credit Bank 03/18/2020 1,000,000.00 966,490.00 1,000,000.00 0.920 0.907 0.920 352 03/18/2024 3133ENCA6 01274 Federal Farm Credit Bank 10/25/2021 1,000,000.00 943,040.00 1,000,000.00 0.700 0.690 0.700 573 10/25/2024 3135G05G4 01278 Federal National Mtg Assn 09/02/2022 2,000,000.00 1,976,920.00 1,945,480.00 0.250 3.464 3.512 100 07/10/2023 Subtotal and Average 4,945,480.00 5,000,000.00 4,875,000.00 4,945,480.00 1.969 1.996 252 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP Run Date: 05/09/2023 - 10:05 PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments March 31, 2023 Page 6 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Supranational 4581XOEE4 01286 Inter -American Devel Bk 10/06/2022 1,000,000.00 985,210.00 985,430.00 3.250 4.069 4.126 457 07/01/2024 Subtotal and Average 985,430.00 1,000,000.00 985,210.00 985,430.00 4.069 4.126 457 Total and Average Data Updated: SET_MTH: 05/09/2023 10:04 Run Date: 05/09/2023 - 10:05 221,371,611.58 212,691,426.25 209,276,295.83 211,964,033.76 1.680 1.703 138 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash March 31, 2023 Page 7 Average Purchase Stated YTM YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Passbook/Checking Accounts 1453718479 WORKERS BANK OF AMERICA MERRILL LYNC 07/01/2022 22,000.75 22,000.75 22,000.75 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2022 3,911.00 3,911.00 3,911.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 7,019,167.55 7,019,167.55 7,019,167.55 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2022 44,423.00 44,423.00 44,423.00 0.000 0.000 1 Average Balance 0.00 Total Cash and Investments 221, 371, 611.58 O 219,780,928.55 216,365,798.13 219,053,536.06 1.680 1.703 138 Portfolio TEME Data Updated: SET_MTH: 05/09/2023 10:04 NLI CP Run Date: 05/09/2023 - 10:05 PM (PRF_PM2) 7.3.0 Cash and Investments Report CITY OF TEMECULA Through March 2023 Fund 9 Fund Name Beginning Balance Receipts Disbursements Fund Total 001 GENERAL FUND $ 47,727,315.17 $ 14,485,097.42 $ 17,940,324.72 $ 44,272,087.87 002 MEASURE S FUND 39,955,852.82 3,129,817.36 415,000.00 42,670,670.18 006 FIRE FACILITY ACQUISITION FUND 1,507,274.85 4,017.68 - $ 1,511,292.53 100 STATE GAS TAX FUND 1,923,812.43 227,126.43 2,150,938.86 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 2,974,757.96 203,564.01 3,178,321.97 103 STREETS MAINTENANCE FUND 6,452,731.94 17,199.93 6,469,931.87 105 NPDES 174,701.23 465.67 175,166.90 106 UPTOWN TEMECULA NEW STREETS IN LIEU FEES 893,274.71 2,381.05 895,655.76 108 ARPA 7,039,753.50 - 7,039,753.50 - 110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT 6,974,896.00 7,040,000.00 264,937.45 13,749,958.55 120 DEVELOPMENT IMPACT FUND 13,103,335.03 344,017.89 87,706.10 13,359,646.82 125 PEG PUBLIC EDUCATION & GOVERNMENT 795,921.26 2,121.55 - 798,042.81 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 837,711.52 2,232.94 839,944.46 150 AB 2766 FUND 315,602.91 34,951.80 350,554.71 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 155,340.87 16,666.66 172,007.53 161 TEMECULA MAJOR CRIMES REWARD FUND 53.30 0.14 - 53.44 165 AFFORDABLE HOUSING 5,375,358.32 14,259.18 34,064.36 5,355,553.14 170 MEASURE A FUND 7,809,069.51 870,834.93 28,268.43 8,651,636.01 190 TEMECULA COMMUNITY SERVICES DISTRICT 2,232,061.39 270,914.05 1,826,686.02 676,289.42 191 TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT 856,978.80 2,284.30 - 859,263.10 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 421,914.70 1,054.04 26,482.43 396,486.31 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 841,422.87 2,202.27 15,219.47 828,405.67 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 30,291.90 80.74 - 30,372.64 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 408,246.87 1,272.41 26,808.38 382,710.90 197 TEMECULA LIBRARY FUND 536,614.76 7,370.53 106,973.08 437,012.21 198 PUBLIC ART 193,586.09 3,901.75 - 197,487.84 210 CAPITAL IMPROVEMENT PROJECT FUND 4,264,000.27 1,648,974.91 3,284,164.12 2,628,811.06 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 214,935.66 698.57 215,634.23 277 CFD-RORIPAUGH 8,397,104.88 385.04 8,397,489.92 278 CFD-RORIPAUGH II 6,847,442.61 15,073,055.63 7,525,225.70 14,395,272.54 300 INSURANCE FUND 1,177,936.90 137,689.23 46,368.43 1,269,257.70 305 WORKER'S COMPENSATION 1,345,557.68 78,426.44 110,093.75 1,313,890.37 310 VEHICLES AND EQUIPMENT FUND 3,147,842.93 97,117.16 38,454.49 3,206,505.60 320 INFORMATION TECHNOLOGY 1,077,440.32 1,259,685.93 397,188.02 1,939,938.23 325 TECHNOLOGY REPLACEMENT FUND 2,477,006.67 51,195.33 7,576.07 2,520,625.93 330 CENTRAL SERVICES 5,264.48 83,096.00 35,552.80 52,807.68 335 CENTRAL SERVICES 329,033.67 11,237.31 - 340,270.98 340 FACILITIES 326,043.06 467,351.02 150,282.14 643,111.94 350 FACILITY REPLACEMENT FUND 825,053.50 20,607.20 - 845,660.70 380 SARDA DEBT SERVICE FUND 4,248,740.01 17,548.36 4,266,288.37 460 CFD 88-12 DEBT SERVICE FUND 95,169.46 253.68 - 95,423.14 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1,284,524.34 3,662.99 346,493.75 941,693.58 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,410,908.56 1,498.66 163,134.39 1,249,272.83 474 AD 034 JOHN WARNER ROAD DEBT SERVICE 7,172.72 19.12 - 7,191.84 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 1,411,748.92 3,631.12 365,500.00 1,049,880.04 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 556,840.59 623.12 57,737.51 499,726.20 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 1,256,113.96 3,739.88 160,853.13 1,099,000.71 478 CFD-RORIPAUGH II 5,555,539.23 2,639,067.59 3,384,586.83 4,810,019.99 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 14,962.27 27.15 4,775.62 10,213.80 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 125,680.53 326.41 3,224.50 122,782.44 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65,294.02 149.99 9,024.35 56,419.66 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 6,331.04 15.01 701.37 5,644.68 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 27,291.45 63.32 3,537.38 23,817.39 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 47,119.79 119.37 2,337.98 44,901.18 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 9,863.71 22.26 1,510.87 8,375.10 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 137,367.52 268.32 36,703.56 100,932.28 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 30,982.30 81.94 241.23 30,823.01 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 15,634.08 39.77 713.95 14,959.90 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3,509.16 8.79 210.87 3,307.08 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 79,350.82 186.98 9,205.19 70,332.61 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 38,126.74 82.64 7,122.20 31,087.18 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 13,331.97 32.14 1,275.36 12,088.75 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 13,147.23 32.50 953.83 12,225.90 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 90,980.58 234.94 2,842.25 88,373.27 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 2,728.47 6.67 226.78 2,508.36 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 72,292.95 134.46 21,850.23 50,577.18 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 88,898.52 221.90 5,651.39 83,469.03 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 292,573.22 714.35 24,578.66 268,708.91 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 2O7,841.52 430.47 46,346.88 161,925.11 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 11,439.27 29.38 416.67 11,051.98 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 29,364.91 76.59 631.40 28,810.10 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 66,240.16 144.49 12,033.37 54,351.28 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 77,649.71 196.47 3,943.59 73,902.59 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2,344.23 5.60 245.09 2,104.74 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10,459.93 26.26 609.52 9,876.67 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 638,650.27 1,572.76 48,611.42 591,611.61 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 8,427.99 21.71 283.90 8,165.80 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 36,209.97 96.52 - 36,306.49 701 PENSION RATE STABILIZATION FUND $ 13,950,419.58 198,459.39 - $ 14,148,878.97 Grand Total: $ 212,013,815.04 $ 48,487,227.57 $ 44,135,244.48 $ 216,365,798.13 Journal Entries completed after February's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: May 23, 2023 SUBJECT: Approve Second Amendment with Eide Bailly, LLP for Audit Services for the Fiscal Years Ending June 30, 2023, 2024 and 2025 PREPARED BY: Brigitta Bartha, Fiscal Services Manager RECOMMENDATION: That the City Council: Approve the second amendment with Eide Bailly, LLP, Certified Public Accountants, to serve as the City's auditors for the fiscal years ending June 30, 2023, through June 30, 2025, for a total amount not to exceed $251,473. 2. Authorize the City Manager to approve additional work up to ten percent (10%) of the amount of the agreement as approved by City Council. BACKGROUND: Following best practices, in 2018, City Staff completed a Request for Proposal process to ascertain whether the City was receiving market pricing for professional auditing services and to determine the most qualified firm to meet the City's needs at that time. On June 12, 2018, the City Council approved a five-year agreement with Vavrinek, Trine, Day & Co., LLP, Certified Public Accountants, to serve as the City's independent auditors for the fiscal year ended June 30, 2018, through June 30, 2022, for a total contract amount of $294,895 plus contingency in the amount of $29,489.50. On July 22, 2019, Vavrinek, Trine, Day & Co. LLP was acquired by Eide Bailly, LLP and, subsequently, on September 19, 2019, the City and consultant entered that FIRST AMENDMENT to change the name of the consultant. All sections of the agreement that referred to the consultant as "Vavrinek, Trine, Day & Co., LLP" were changed to "Eide Bailly, LLP" pursuant to the name and ownership change. As the existing agreement is nearing the end of its term, City Staff are recommending that the agreement term be extended through June 30, 2026. Staff believes that maintaining continuity with the auditors is appropriate as the firm is familiar with the City's accounting system and procedures, which will enable their professional staff to perform their audit work in a timely manner and minimize disruption to City staff during the audit. Moreover, the City is implementing a new financial accounting system on July 1, 2023, requiring additional review by the audit firm. Because of their understanding of the City's current financial system and accounting procedures, the audit firm will be able to implement more efficient audit procedures to ensure the financial data housed in the legacy accounting system is appropriately transferred to the new system. In addition to their understanding of the City's finances, the audit firm has assisted the City in implementing new accounting and audit requirements, provided guidance on the accounting treatment of various complex transactions engaged in by the City including the debt refinancing of the CFD and SARDA bonds, and have completed their work in a timely manner. FISCAL IMPACT: There are sufficient funds budgeted in the Finance Department line item 001.140.999.5248, Consulting Services, for these audit services. ATTACHMENTS: Second Amendment SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND EIDE BAILLY, LLP FINANCIAL AUDIT SERVICES THIS SECOND AMENDMENT is made and entered into as of May 23, 2023, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Eide Bailly, LLP a Partnership (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 12, 2018, the City and Consultant entered into that certain Agreement entitled "Agreement for FISCAL AUDIT SERVICES," in the amount of $294,895.00 plus contingency in the amount of $29,489.50. b. On July 22, 2019, Vavrinek, Trine, Day & Co. LLP was acquired by Eide Bailly, LLP. C. On September 19, 2019, the City and Consultant entered into that FIRST AMENDMENT to change the name of the Consultant. All sections of the Agreement, that referred to the Consultant as Wavrinek, Trine, Day & Co., LLP" was changed to "Eide Bailly, LLP" pursuant to the name and ownership change of said company on July 22, 2019. d. The parties now desire to extend the term of the agreement to June 30, 2026, increase the payment in the amount of not to exceed $251,473, 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, 2026 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 schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Two Hundred Fifty -One Thousand Four Hundred Seventy -Three Dollars and No Cents ($251,473.00), for a total Agreement amount of Five Hundred Seventy -Five Thousand Eight Hundred Fifty -Seven Dollars and Fifty Cents ($575,857.50). 4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as follows: 08/09/2021 "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: Eide Bailly, LLP David Showalter 10681 Foothill Blvd., Ste. 300 Rancho Cucamonga, CA 5. Exhibit B to 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. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. [or-DIMIYE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Zak Schwank, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: EIDE BAILLY LLP �I �I Z�avid E. Showalter, Partner By: Peter M. Thorson, City Attorney CONSULTANT Eide Bailly LLP David E. Showalter 10681 Foothill Blvd., Ste 300 Rancho Cucamonga, CA 91730 909.466.4410 909.466.4431 dshowalter@eidebailly.com City Purchasing Mgr. Initials and Date: 5/11 /2023 3 08/09/2021 ATTACHMENT A 08/09/2021 EXHIBIT B Cost for services shall be as per Consultant's attached proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $575,857.50 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. Attached hereto and incorporated herein as though set forth in full is the additional pricing as provided by the Consultant. 08/09/2021 EideBailly. CPAs & BUSINESS ADVISORS April 5, 2023 Ms. Jennifer Hennessy Director of Finance City of Temecula, California Dear Ms. Hennessy, We appreciate the opportunity to serve the City of Temecula ("the City") as the independent auditor. This letter is intended to set -forth the understanding that, at the request of the City we will continue to provide the City with independent auditing services for the Fiscal Years Ending June 30, 2023 through June 30, 2025. The description of the auditing services we will provide the City is contained in our agreement for audit services dated June 12, 2018 (Agreement). At the request of the City, we have prepared a fee quotation for auditing services for the fiscal years ending June 30, 2023 through June 30, 2025. Eide Bailly is strongly committed to our governmental clients, and we value serving as the City's independent auditors. The base fee amount to audit the City's Annual Financial Report, Single Audit, GANN Limit and prepare the various State Controller's reports reflects the overall increase in the cost to perform these services given the ongoing increase in inflation over the previous 12-18 months due to various factors such as COVID-19 and volatile world market conditions. Future annual increases are estimated at 7% and based on the most recent Consumer Price Index, Riverside area —January 2023. The FY 2023 fee includes an additional fee amount related to additional audit procedures we will need to perform over the City's implementation of GASB 96, Subscription Based Information Technology Arrangements in fiscal year 2023. Given the complex nature with the implementation of this new accounting standard, and new auditing procedures that will need to be performed, we have provided an estimate not to exceed for the additional cost to audit the City's implementation of this new accounting pronouncement. The City also has planned the implementation of a new financial accounting/ERP system expected to go live July 1, 2023. Our audit standards require that we gain an understanding of the City's information systems used in the financial reporting process. We will perform audit procedures necessary to ensure the financial data housed in the legacy accounting system is transferred properly to the new system, and test access controls, security roles, and segregation of duties related to the new system. These additional procedures and services will be billed at the same hourly rates as our rates to conduct the overall audit of City, as listed in Appendix A. Our proposed fee and hourly rates are outlined in Appendix A. What inspires you, inspires us. , eidebailly.com 10681 Foothill Blvd., Ste. 300 Rancho Cucamonga, CA 91730-3831 1 T 909.466.4410 I F 909.466.4431 EOE We feel that Eide Bailly is the best selection for the City. There are numerous changes affecting governmental agencies including new accounting standards issued by the Governmental Accounting Standards Board (GASB), and new federal uniform grant guidance requirements for Federal Awards. As one of the leading firms in governmental auditing in California, we have invested significant time and resources to proactively address these changes and provide efficient and timely audits. Our investment of time and resources includes: • Providing ongoing training sessions to industry groups and clients regarding new GASB pronouncements and CARES Act Single Audit reporting requirements including GASB 87 and GASB 96 GASB 87. • Providing in excess of 80 hours per year of governmental continuing professional education (CPE) to our staff working on governmental audits. • Participation on national standard setting bodies, including the AICPA, GASB and local committees including the CALCPA. • Investing a significant amount of time in developing our understanding of new Single Audit requirements over the American Rescue Plan funding. We regularly present to industry groups on new reporting and compliance requirements. • Researching new professional pronouncements so that we are at the leading edge in preparing our clients to respond to all new requirements. • Devoting resources to a strict quality control program including the funding of a national quality control department. Our experience in governmental accounting standards means that no matter what issues you are facing, we can help you find solutions that make sense. As a result of our efforts Eide Bailly places within the top 25 CPA firms nationally and provides governmental auditing services to over 600 governmental agencies. We've been providing audit and assurance services to many industries for 100 years, developing significant industry expertise in the process. Accompanied by a firm approach of hands-on engagement partner involvement, our high staff retention rate means you can expect a consistent team each year —a team that will truly understand your business. We value our relationship serving as the City's independent auditors. Should you have any questions, please feel free to call me at (951) 323-8168. Sincerely, ", r-'I'M �/ FI. rIpill ; %�� David E. Showalter Partner Eide Bailly, LLP APPENDIX A Schedule of Audit Fees and Hourly Rates City Financial Statement Audit Single Audit (assuming one major program) GANN Limit City State Controller Report Temecula CSD SCO Report Temecula PFA SCO Report City Annual Street Report Total for Fiscal Year (not -to -exceed) Additional Audit Procedures: Estimated GASB 96 Audit Procedures Estimated New Financial Accounting System Audit Procedures otal for Fiscal Year (not -to -exceed) *Additional major programs billed at $5,000 each. POSITION Partner Manager Senior Staff Paraprofessional $ 55,000 $ 58,850 $ 62,970 5,000 5,350 5,725 600 642 687 4,400 4,708 5,038 2,800 2,996 3,206 1,400 1,498 1,603 2,800 2,996 3,206 $ 72,000 $ 77,040 $ 82,433 $ 10,000 $ 2,000 $ 8,000 MEIN" $ 240 $ 257 $ 275 190 203 218 140 150 160 120 128 137 75 80 86 3 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Adopt List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2023-24 PREPARED BY: Amer Attar, Engineering Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 BACKGROUND: Senate Bill One (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the legislature and signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. The City of Temecula has been receiving SB-1 revenue from the newly created Road Maintenance and Rehabilitation Account (RMRA) since Fiscal Year 2017-18. The City is set to receive $2,384,080 for Fiscal Year 2022-23 and $2,717,372 for Fiscal Year 2023-24 based on the latest estimate. The City intends to use SB 1 revenues to supplement the City's pavement rehabilitation program. On March 24, 2021, the California Transportation Commission (CTC) adopted the Local Streets and Roads Funding Program 2021 Reporting Guidelines. Section IV, Project List Submittal, Subsection 9, Content and Format of Project List, of the guidelines states: "Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year (funds collected from July I to June 30 and apportioned September I to August 31), a city or county must submit to the Commission a list of projects proposed to be funded with these funds pursuant to an adopted resolution by the city council or county board of supervisors at a regular public meeting. Each year, a city or county must adopt and submit to the Commission a project list resolution for the upcoming fiscal year's funds to comply with the eligibility requirements for that fiscal year's apportionment. " For Fiscal Year 2018-19 and subsequent years, in order for an agency to receive SB 1 funds, a list of proposed projects must be submitted to the CTC by May 1, 2018 and every year thereafter pursuant to an annually adopted resolution. In 2021, the CTC extended the deadlines for the submittal of the list of projects to July 1 st. The City does have the ability to change projects from the ones on the list submitted to the CTC. Having this flexibility would enable the City to designate projects that are ready for construction to receive SB 1 RMRA funds. The City has completed the update to the Pavement Management Program (PMP) in 2018. Utilizing the PMP, staff have developed a list of projects that will rehabilitate a number of streets in the next few years. This list will be included in the upcoming Capital Improvement Program (CIP) Budget for Fiscal Years 2024-28. As projects are ready for construction, staff will designate sufficient number of projects to exhaust the SB 1 RMRA funds the City is set to receive annually. FISCAL IMPACT: According to the Local Streets and Roads Funding Program 2021 Reporting Guidelines adopted by the CTC on March 24, 2021, in order to receive SB 1 funds, the City must submit a list of projects for Fiscal Year 2023-24 to the CTC by July 1, 2023. By submitting the list of projects to the CTC by the specified deadline, the City is set to receive approximately $2,717,372 for Fiscal Year 2023-24 from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1. ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council hereby finds, determines and declares that: A. Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and B. SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Temecula are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and C. The City of Temecula must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and D. The City of Temecula will receive an estimated $2,717,372 in RMRA funding in Fiscal Year 2023-24 from SB 1; and E. This is the seventh year in which the City of Temecula is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, that would not have otherwise been possible without SB 1; and F. The City of Temecula used a Pavement Management Program (PMP) to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost-effective projects that also meet the community's priorities for transportation investment; and G. The funding from SB 1 will help the City of Temecula maintain and rehabilitate three major -streets/roads in the City this year and a number of similar projects into the future; and H. The 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of Temecula streets and roads are in an "good" condition and this revenue will help the City increase the overall quality of our road system and bring "at risk" streets/roads into "good" condition over the next decade; and I. The SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co -benefits statewide. Section 2. Adoption of the SB 1 Project List for Fiscal Year 2023-24 A. The foregoing recitals are true and correct. B. The following list of newly proposed projects will be funded in -part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues: 1. Project Title: Pavement Rehabilitation Program — Citywide Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete. The project also includes the removal and replacement of existing roadway striping, pavement markings, and traffic signal loops, the removal and reconstruction of existing pedestrian ramps in order to comply with current ADA standards, and adjustment of existing utilities to grade. Project Location: Roadway rehabilitation of the full width of Pauba Road between Ynez Road and Margarita Road. Estimated Project Schedule: Start (04/2024) — Completion (08/2024) based on the component being funded with RMRA funds. Estimated Project Useful Life: 10-20 years 2. Project Title: Pavement Rehabilitation Program — Citywide, PW21-10 Project Description: The roadway rehabilitation shall generally consist of 2 to 4 inches of cold milling and placement of 2 to 4 inches of asphalt concrete. The project also includes the removal and replacement of existing roadway striping, pavement markings, and traffic signal loops, the removal and reconstruction of existing pedestrian ramps in order to comply with current ADA standards, and adjustment of existing utilities to grade. Project Location: Roadway rehabilitation of the full width of Pechanga Parkway between Loma Linda Road and Temecula Parkway Estimated Project Schedule: Start (04/2024) — Completion (08/2024) based on the component being funded with RMRA funds. Estimated Project Useful Life: 10-20 years Section 3. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: May 23, 2023 SUBJECT: Approve Agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study PREPARED BY: Mark Collins, Assistant Planner RECOMMENDATION: That the City Council approve the agreement with Keyser Marston Associates, Inc. for the Fiscal Land Use Opportunity Study in support of the General Plan update. BACKGROUND: A Fiscal Land Use Study provides a high-level comparison of the fiscal implications of new development or redevelopment, broken down by land use category (residential, commercial, office and industrial). Keyser Marston Associates Inc. is providing a Fiscal Land Use Opportunity Study to allow the City to make informed and factually based land use decisions. The term of this agreement is until May 23, 2024. FISCAL IMPACT: $157,300 ($143,000 + 10% contingency of $14,300), which has been funded by the Local Early Action Planning (LEAP) Grant, which is a reimbursement grant, and budgeted in 210.265.999.777. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC. FISCAL LAND USE OPPORTUNITY STUDY THIS AGREEMENT is made and effective as of May 23, 2023 between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Keyser Marston Associates, Inc. a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 23, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 23, 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 One Hundred and Forty Three Thousand Dollars and Zero Cents ($143,000.00), plus 10% Contingency of Fourteen Thousand Three Hundred Dollars and Zero Cents ($14,300.00), 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 08/09/2021 give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS 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 with the exception of Consultant's proprietary computer models, 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. b. 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. 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 08/09/2021 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. O8/09/2021 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: Keyser Marston Associates, Inc. Attn: Paul Marra 555 West Beech Street, Suite 460 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. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Zak Schwank, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney KEYSER MARSTON ASSOCIATES, INC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Paul C. Marra, Managing Principal CONSULTANT Keyser Marston Associates, Inc. Attn: Paul Marra 555 West Beech Street, Suite 460 San Dieao. CA 92101 pmarra@keysermarston.com 619-718-9500 City Purchasing Mgr. Initials and Date: 4/Zr 08/09/2021 CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify that: (1) 1 am the duly elected and acting Secretary of Keyser Marston Associates, Inc. a California Corporation; and (2) That Paul C. Marra, a Vice President of Keyser Marston Associates, Inc. is authorized on behalf of the Corporation to sign the Agreement for Consultant Services dated April 17, 2023, between the City of Temecula and Keyser Marston Associates, Inc. to prepare a Fiscal Land Use Opportunity Study; and (3) Further, all corporate officers of Keyser Marston Associates, Inc. are authorized to enter into contracts and execute instruments in the name of the Corporation or on behalf of the Corporation, pursuant to the Corporation's Bylaws, adopted September 14, 1990. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of such corporation this 30th day of March 2023. Diane M. Chambers, Secretary 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 $143,000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 10 08/09/2021 PROPOSED SCOPE OF SERVICES LAND USE ECONOMIC OPPORTUNITY STUDY CITY OF TEMECULA I. OBJECTIVE Keyser Marston Associates, Inc. (KMA) prepared a Citywide Land Use Economic Opportunity Study for the City of Temecula (City) in 2015 (2015 Study). The 2015 Study focused on three (3) key objectives identified by the City: 1. An evaluation of market demand potential for all major land uses through build -out of the City's General Plan 2. Analysis of the fiscal impact of anticipated new development on the City's General Fund 3. An updated assessment of market opportunities and revitalization strategies for Old Town The City is seeking an update of the 2015 Study, with respect to: (1) an evaluation of mid- to long-term development opportunities by land use type; and (2) an assessment of fiscal impacts on the City's General Fund for a General Plan build -out scenario and alternative land uses scenarios. The City has also requested that KMA update the data, assumptions, and inputs in the 2015 study to reflect current market conditions and development trends. In response to these objectives, KMA has formulated the following work program. II. SCOPE OF SERVICES A) Task 1 — Initiation and Field Reconnaissance KMA will participate in a kick-off meeting with City staff to review the work program and schedule; collect background data, reports, and maps; and identify additional information needs. Key information required will include confirmation of the General Fund budget, General Plan build -out tabulations by land use type, status of various Specific Plans, and vacant land inventory and development potential. KMA will tour relevant properties (developed and/or vacant) throughout the City. B) Task 2 — Demographic and Economic Trends KMA will review key demographic and economic trends in Temecula and the surrounding market area, including population, number of households, household income, and employment. We will draw information from the City, Southern California Association of Governments (SCAG), the California Department of Finance (DOF), the U.S. Census, and data profiling sources such as Esri and Claritas. Keyser Marston Associates, Inc. Page 1 February 28, 2023 23005kal 99900.000.003 Q Task 3 — Market Conditions by Land Use Type KMA will assess current market conditions and competitive position for five (5) major land use categories within the City: commercial (retail and restaurant); residential (single-family and multi- family); office; industrial; and lodging (hotels/motels). At a minimum, the KMA assessment will include the following key work tasks. a. KMA will review Statewide and regional economic trends inland use and development. b. KMA will identify the major concentrations of commercial, residential, office, industrial, and hotel uses within the City, and evaluate their competitiveness on a regional level. c. KMA will evaluate key market factors such as inventory, absorption, vacancy, and value indicators for each major land use type. Market data will be collected from third -party data sources such as Costar Group, Inc., real estate brokerage publications, and other industry sector publications. d. KMA will review major development proposals planned or under construction within the City and surrounding market area. In addition to the above collection and review of market data, KMA will conduct telephone surveys of selected developers, brokers, and other real estate professionals to better understand market conditions and development opportunities in the City. D) Task 4 —Development Potential by Land Use Type Based on the demographic and market assessments, KMA will prepare a matrix summarizing principal assets and constraints affecting development potential for each land use category. We will identify key development opportunities in terms of land use mix, type of development, and location. We will prepare long-term growth projections and absorption forecasts for each major land use category on a Citywide basis. Absorption forecasts will be expressed in units/building area as well as land area (acres). We will compare the required land area to meet the absorption forecasts with the remaining vacant land inventory in the City by land use type per the existing General Plan designations. Based on this comparison, we will review the potential to redesignate portions of the remaining land inventory, thereby generating an alternative land use program that is more fiscally and economically balanced for the City. Using the absorption projections, KMA will also estimate key indices such as jobs/housing balance, employment opportunities, range of housing types, retail sales capture, and other metrics at future milestones. KMA will participate in a meeting with City staff and/or the Council Subcommittee to present the findings of Tasks 2, 3, and 4. Based on City feedback, we will refine the recommended land use scenarios to be evaluated in the fiscal impact analysis (Task 5). Keyser Marston Associates, Inc. February 28, 2023 23005kal 99900.000.003 Page 2 E) Task 5 — Fiscal Impact Analyses KMA will develop a fiscal impact model to measure the recurring annual impacts on the City's Fiscal Year 2023-2024 (FY 2024) General Fund resulting from incremental development on the remaining vacant land in the City. The KMA fiscal model will evaluate two (2) scenarios: (1) a baseline scenario based on build -out of the existing General Plan; and (2) an alternative land use scenario formulated in Task 4 above. KMA will work with City staff to finalize the land use programs for the second alternative. KMA will review the City's existing General Fund budget to understand the City's fiscal condition and revenue/expense parameters. KMA will estimate the annual operating expenditures generated by incremental development on remaining vacant land in the City. We will supplement this analysis through discussions with selected department heads regarding level of service and expenditure trends. In particular, we will interview key staff in the police, fire, public works, recreation funding, and parks maintenance departments to track recent trends in costs to deliver services. The KMA models will address both recurring revenues and operating expenditures, expressed in 2023 dollars, at build -out of each alternative. KMA will summarize the net fiscal impact to the City for each land use scenario at build-out/stabilization (i.e., recurring annual revenues less operating expenditures). F) Task 6 — Presentation The KMA findings will be presented in several stages, beginning with an initial PowerPoint presentation of our complete draft findings and supporting analysis. Based on feedback from City staff, we will prepare and submit a draft report. After receipt of consolidated comments from City staff, we will complete a final report. We will also prepare for, and attend, one (1) public meeting to present the final report. G) Optional Task 7 — Update of Fiscal Impact Analyses If necessary, KMA will update each fiscal impact analysis in Task 5 to reflect the FY 2025 General Fund Budget. We will also conduct follow-up interviews with police, fire, public works, recreation funding, and parks maintenance departments to update any methodologies and assumptions, if necessary. III. BUDGET Our total budget estimate for the Land Use Economic Opportunity Study update (Tasks 1-6 + reimbursables) is $128,000. Our budget requirement to update the Fiscal Impact Analyses (Optional Task 7) is $15,000, for a subtotal budget of $143,000. In addition, we have included a 10% contingency of $14,300 at the City's option, for a grand total budget of $157,300. Our budget breakout is itemized below. Keyser Marston Associates, Inc. Page 3 February 28, 2023 23005kal 99900.000.003 Task Budget Task 1— Initiation and Field Reconnaissance $7,500 Task 2 — Demographic and Economic Trends $15,000 Task 3 — Market Conditions by Land Use Type $34,500 Task 4 — Development Potential by Land Use Type $22,500 Task 5 — Fiscal Impact Analyses $29,500 Task 6 — Presentation $16,500 Subtotal $125,500 Reimbursables (1) $2,500 Sublulul Budget (Tasks I — VI) $128,000 Task 7 — Optional Task: Update of Fiscal Impact Analyses $15,000 Total Budget $14",000 Add: Contingency @ 10% $14,300 Grand Total Budget $157,300 (1) Includes data and reports, mileage, and other direct costs. KMA proposes to time -bill the City in accordance with our standard hourly billing rates (below), subject to the above budget limits. KEYSER MARSTON ASSOCIATES, INC. PUBLIC SECTOR HOURLY RATES — 2022/2023 CHAIRMAN, PRESIDENT, MANAGING PRINCIPALS* $305.00 SENIOR PRINCIPALS* $295.00 PRINCIPALS* $275.00 MANAGERS* $245.00 SENIOR ASSOCIATES $205.00 ASSOCIATES $185.00 SENIOR ANALYSTS $170.00 ANALYSTS $145.00 TECHNICAL STAFF $105.00 ADMINISTRATIVE STAFF $90.00 Directly related job expenses not included in the above rates are: auto mileage, parking, air fares, hotels and motels, meals, car rentals, taxies, telephone calls, delivery, electronic data processing, graphics and printing. Directly related job expenses will be billed at 110% of cost. Monthly billings for staff time and expenses incurred during the period will be payable within thirty (30) days of invoice date. * Rates for individuals in these categories will be increased by 50% for time spent in court testimony. Keyser Marston Associates, Inc. Page 4 February 28, 2023 23005kal 99900.000.003 The KMA budget estimates include the following limitations: • Maximum of three (3) versions of each work product, i.e., Administrative Draft, Draft, Final • All work products submitted in PDF format only • Maximum of six (6) virtual meetings • Maximum of four (4) in -person meetings with City staff • Maximum of two (2) public meetings or briefings with public officials IV. SCHEDULE KMA anticipates a requirement for 120 calendar days from project initiation to presentation of draft findings at the conclusion of Task 4, and an additional 60 calendar days to complete a draft of the fiscal impact analyses findings in Task 5. V. LIMITING CONDITIONS In accepting this proposal/contract, the City represents, acknowledges, and agrees that: 1. KMA is not advising or recommending any action be taken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA's work product; and The City shall discuss any such information and material contained in KMA's work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material. Keyser Marston Associates, Inc. Page 5 February 28, 2023 23005kal 99900.000.003 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Approve License Agreement with Flatiron West, Inc. for Access on City -Owned Properties in Connection with Construction of the I-15 / French Valley Parkway Improvements — Phase II Project, PW 16-01 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve a license agreement with Flatiron West, Inc. for access onto City -owned properties, APN 916-400-013 and 916-400-018, in connection with construction of the I-15 / French Valley Parkway Improvements - Phase II project, PW16-01. BACKGROUND: The City of Temecula owns two parcels, APN 916-400-013 and 916-400-018, located between Interstate 15 and the westerly terminus of Date Street. These properties comprise approximately 12 acres of undeveloped land that are planned for the future French Valley Parkway interchange. On January 10, 2023, the City awarded a construction contract to Flatiron West, Inc. (Contractor) to construct the I-15 / French Valley Parkway Improvements — Phase II project (Project). The Contractor has requested use of these City -owned properties for access to/from the Project site during construction. Allowing the Contractor to utilize these properties will facilitate efficient and safe operations during construction. The Contractor's proposed use does not conflict with the City's current or planned use of the properties. The attached license agreement was prepared by the City Attorney's office and is representative of the City's current practice. The terms and conditions of the agreement mimic the Contractor's commitments contained in the construction contract, including duration, insurance, indemnification, etc. FISCAL IMPACT: There is no fiscal impact associated with the approval of the license agreement. ATTACHMENTS: 1. License Agreement 2. Location Map of Access LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND FLATIRON WEST, INC. FOR USE OF CERTAIN CITY REAL PROPERTY INTERESTS FOR ACCESS PURPOSES (I-15/ FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE H, PROJECT NO. PW16-01) This License Agreement Between the City of Temecula and Flatiron West, Inc. for Use of Certain Real Property Interests for Access Purposes (I-15/French Valley Phase II, Project No. PW16=01) ("License Agreement") is made and entered into between the City of Temecula, a municipal corporation ("City") and Flatiron West, Inc. {"Contractor"). The City and Contractor are referred to below collectively as the "Parties". The License Agreement is effective on the date it is fully executed between the Parties. In consideration of the mutual promises contain herein, the Parties agree as follows: 1. Recitals. This License Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. The City is the owner of the following vacant real properties in the City of Temecula located adjacent to each other. 1) Approximately 5.01 acres of real property in the City of Temecula located adjacent to the I45 freeway, east of the I45 freeway to the easterly terminus of Date Street, and identified as APN 916-400-013 ("Site F). Site 1 is shown on EXHIBIT A, attached hereto and incorporated herein as though set forth in full. 2) Approximately 6.89 acres of real property in the City of Temecula located adjacent to the 145 freeway, east of the I45 freeway and south of Site 1, and identified as APN 916400-018 ("Site 2"). Site 2 is shown on EXHIBIT B, attached hereto and incorporated herein as though set forth in full. Site 1 and Site 2 are located adjacent to B. On January 10, 2023, the City and Contractor entered into that certain City of Temecula, Department of Public Works Contract for I-151 French Valley Parkway Improvements — Phase II (Contract 2023-003) ("Contract') whereby Contractor agreed to provide and furnish all labor, materials necessary tools, expendable equipment, and all utility and transportation service required for the construction of the I45/17rench Valley Phase II, Project No. PW16-01 Project ('Phase II") in consideration for the contract amount and subject to the terms set forth in the Contract. C. Contractor desires to use and City is willing to grant a license to Contractor to use the portions of Site 1 and Site 2 described more particularly below in Section 2 for access purposes in connection with the construction of Phase II. D. The City and Contractor desire to enter into this License Agreement to provide the terrus and conditions upon which Contractor shall use the portions of Site 1 and Site 2 described below. 2. Right to Use Subject Property Interests. City hereby grants a license to Contractor to use the portions of Site I and Site 2 described below (referred to below collectively as "Subject Property Interests') in accordance with and subject to the terns and conditions of this License Agreement: A. An approximate 25,000 square foot portion of Site 1 roughly depicted and outlined in blue on EXHIBIT C, attached hereto and incorporated herein as though set forth in full. B. An approximate 22,000 square foot portion of Site 2 roughly depicted and outlined in blue on EXHIBIT C, attached hereto and incorporated herein as though set forth in full. 3. No Rent. Based on the benefit to the residents of the City of Temecula of providing an access route to the Contractor for the construction of the Phase II and to mitigate the impact of construction of Phase II on other potential access points, Contractor shall not pay rent or a license fee to the City. 4. Term of This License, A. Duration. The Term of this License Agreement shall commence on May 1, 2023 and terminate at the termination of the Contract described in Recital B, subject to the early termination as provided in Subsection B of this Section. B. Right to Terminate Agreement. Either party may terminate this License Agreement for any reason, with or without cause, by providing a thirty (30) day prior written notice of termination to the other party. 5. Responsibilities of Contractor. A. Contractor shall use the Subject Properly Interests for access purposes to provide access to Contractor's construction vehicles and equipment in connection with the construction of Phase H. and for no other purposes. B. Contractor shall be responsible for providing security for all of Contractor's or its subcontractors' equipment, materials or other property used in the area of the Subject Property Interests. City shall not be responsible for any graffiti, theft, vandalism or any other types of damage to any equipment and materials used in the area of the Subject Property Interests by Contractor or its subcontractors. C. Contractor has inspected the Subject Property Interests and takes it "as4s" for the term of this License Agreement with no warranty of any kind from the City as to the suitability of the Subject Property Interests for the use and purpose authorized in this License Agreement. D. Contractor shall not make any modifications to the Subject Property Interests, without the prior written consent of the City's Director of Public Works. E. Contractor shall be responsible for the costs of all utilities, including but not limited to water , gas, electricity, and telephones, if any, in connection with the Subject Property Interests during the duration of this License Agreement. owes no duty to indemnify or defend for Hazardous Materials that are existing on the Subject Property Interests at the time of this agreement, or which are brought onto the Subject Property Interests by someone other than Contractor, its subcontractors, or agents. C. As used in Subsection B, "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Subject Property Interests, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA'); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; California Health and Safety Code Sections 25260 and 25141;_and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. C RCRA" ). The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) orby the Environmental Protection Agency as hazardous substances (40 CFR. Part 302) or pursuant to California Health and Safety Code Section 25141 and in any and all amendments thereto; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated bypinenyls; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Subject Property Interests, to adjacent properties, or to persons on or about the Subject Property Interests, (ii) which causes the Subject Property Interests to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Subject Property Interests requires investigation, reporting or remediation under any such laws or regulations. 8. Legal Responsibilities. Contractor and its subcontractors and agents shall comply with all rules and regulations governing the use and occupancy of the Subject Property Interests, including applicable Federal, State and local laws, ordinances and regulations. If Contractor fails to comply with such rules and regulations, the City has the right to immediately cancel this License Agreement without notice to Contractor, such cancellation being effective as of the time and date of such noncompliance. 9. City's Reservation of Right of Entry. The City, through its Director of Public Works or his designee, shall have the right to enter the Subject Property Interests at all times during the period covered by this License Agreement in order to insure compliance with this License Agreement. 10. Liens. Contractor shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Subject Property Interests. Contractor shall defend, indemnify and hold City harmless, pursuant to Section 7 (Indemnification), from any liens that may attach to the Subject Property Interests from its use by Contractor. il. Notice. Any notices which either party may desire to give to the other party under this License 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, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party. 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. City: CITY OF TEMECULA 41000 Main Street Avenue Temecula, California 92590 Attention: City Manager Contractor: Flatiron West, Inc. 12121 Scripps Summit Drive, Suite 400 San Diego, California 92131 Attention: Mario Martinez, Vice President & Dale Nelson, Executive Vice President 12. Assignment. Contractor shall not assign its interest in this License Agreement or in the Subject Property Interests to any person or entity without first obtanring the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 13. Independent Contractor. The relationship of the parties to this License Agreement shall be that of independent contractors and that in no event shall Contractor be considered an officer, agent, servant or employee of the City. Contractor shall be solely responsible for any workers' compensation, withholding taxes, unemployment insurance and any other employer obligations associated with its employees, agents and performers. 14. Taxes. Contractor shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the Subject Property Interests as a result of Contractor's use of the Site. 15. Interpretation. Each party had the full opportunity to participate in the drafting of this License Agreement and, therefore, the License Agreement shall not be interpreted against any party on the ground that the party drafted the License Agreement or caused it to be prepared. 16. Entire Agreement. Except for the Construction Agreement, this License Agreement is the entire agreement and understanding between the Parties with respect to the subject matter of this License Agreement and this License Agreement supersedes any representations, or previous agreements, either oral or in writing, between the Parties hereto with respect to the subject matter of this License Agreement. Any modifications of this License Agreement will be effective only if it is in writing and signed by the Parties hereto. 17. Authority to Execute License Agreement. The persons executing this License Agreement on behalf of the Contractor warrants and represents to the City that this License Agreement has been duly approved by the Contractor and that said persons are duly authorized by Contractor to execute this License Agreement on behalf of Contractor and has been duly authorized to do so. In concurrence and witness whereof, the Parties hereto have caused this License Agreement to be executed on the date set forth below. Dated: Dated: Dated: �'i 12v 2'7 CITY OF TEMECULA, a municipal corporation Zak Schwenk, Mayor Attest: ltandi Johl, JD, CMC City Clerk Approved as to form: Peter M. Thorson, City Attorney CONTRACTOR Flatiron West, Inc. Bv: Name: Lisa A. Ziegler Title: VP, Division Finance 5 2 3 By. Name: Mario Martinez Title: San Diego District Manager EXHIBIT A DEPICTION OF SITE 1 CITY OF TEMECULA PROPERTY REPORT PROPERTY INFO Ass"soe's Parcel Number (APN) Let Structure EXHIBIT B DEPICTION OF SITE 2 CM Or {PROPERTY REPORm& PROPERTY INFO AsseaseYs Paxel Number (APN) 9i64DO-018 Site Address Recorded Beab'Page M5 34VI Black Traet Map NumYet?Name R 29639.2 OIM�IERSHIP Sate Address Ma•ing Atldress PO Box 9M TEMECULACA 92589 Puimary Owner (AN Owners On Page 2) C11Y OFTEA¢CULA FEES 8. RECORDS Fees Records TmKcvIBCA.WV.MEG_ aoNreWt�b Bnvironmeutal Health Records Lat Number St Lot Size 6.89 odes Land Value 5lrueture Valve os`s ENTER �' CA IN Googke Earth Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek PREPARED BY: Anissa Sharp, Management Assistant Ron Moreno, Principal Civil Engineer RECOMMENDATION: That the City Council approve the Right of Entry Agreement with the California Department of Fish and Wildlife on City -Owned Properties within Murrieta Creek and Temecula Creek identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450- 015, 961-450-011, 961-450-064 and 961-450-001. BACKGROUND: The California (Coastal) Monitoring Plan is designed to inform salmon and steelhead recovery, conservation, and management activities. The California Department of Fish and Wildlife (CDFW) and NOAA Fisheries are leading the implementation of this Plan in watersheds from California's border with Mexico north to the Oregon border, including San Francisco and Humboldt Bay tributaries. As part of this implementation, CDFW will be conducting walking surveys in the streambed, recording habitat data and fish and spawning site presence. The Agreement authorizes the California Department of Fish and Wildlife to enter the City -owned properties (identified by Assessor Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001) to conduct the surveys as part of its administrative duties for the California (Coastal) Monitoring Plan. The right to enter will begin upon full execution of the Agreement and terminate on April 25, 2025. FISCAL IMPACT: None ATTACHMENTS: Right of Entry Agreement RIGHT OF ENTRY AGREEMENT BETWEEN CITY OF TEMECULA AND CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (APNS 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 & 961-450-001) This Right of Entry Agreement ("Right of Entry") is entered into by the CITY OF TEMECULA (referred to herein as "GRANTOR") and CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) (referred to herein as "GRANTEE"). GRANTOR and GRANTEE are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. GRANTOR is the owner of certain real properties located along the Temecula Creek and Murrieta Creek and identified as Riverside County Tax Assessor's Parcel Numbers 922-210-060, 961-440-012, 961-450-015, 961-450-011, 961-450-064 and 961-450-001 ("Property"). The Property is roughly depicted on Exhibit "A" attached hereto and incorporated herein. B. GRANTEE desires to obtain GRANTOR's permission to enter onto the Property, on a temporary basis, for the purpose of conducting walking and water quality surveys for steelhead trout pursuant to the species monitoring requirements of the California Monitoring Plan. C. The Parties wish to enter into this Right of Entry whereby GRANTOR will allow GRANTEE to enter onto the Property, on a temporary basis, for the above stated purpose. NOW, THEREFORE, GRANTOR and GRANTEE do hereby agree as follows: AGREEMENT 1. Right of Entry. GRANTOR hereby grants to GRANTEE and its agents, employees and contractors including, but not limited to, the CDFW monitoring staff (collectively "GRANTEE DESIGNEES") the temporary right to enter onto the Property for the purpose of conducting walking and water quality surveys for steelhead trout pursuant to the species monitoring requirements of the California Monitoring Plan ("Right of Entry Activities"). 2. Term. The term of this Right of Entry shall commence on the date of the last signature on this Right of Entry, assuming that the Right of Entry is executed by all the Parties hereto ("Effective Date"). This Right of Entry shall automatically terminate April 25, 2025. The term may be extended by written notice from GRANTOR to GRANTEE. 3. Lien Waivers. GRANTEE agrees to keep the Property free of any liens, including without limitation, any liens made by contractors, subcontractors, suppliers, engineers, architects and surveyors that arise out of the use of the Property pursuant to this Right of Entry by GRANTEE DESIGNEES in connection with the Right of Entry Activities. If any such lien is filed on any portions of the Property as a result of GRANTEE DESIGNEES' right to enter on the Property pursuant to this Right of Entry, GRANTEE will, at its sole cost and expense, have the lien released and discharged of record in a manner satisfactory to GRANTOR within thirty days of receiving notice of the lien. If GRANTEE fails to remove the lien within such 30-day period, GRANTOR will have the right to remove the lien, and GRANTEE, upon demand, will reimburse GRANTOR for all reasonable costs and expenses incurred by GRANTOR in connection with such removal. Upon receipt of a written request from GRANTOR, GRANTEE will provide to GRANTOR lien waivers following completion of GRANTEE DESIGNEES' entry on the Property pursuant to this Right of Entry, in form and substance reasonably satisfactory to GRANTOR, from each and every contractor, subcontractor, supplier, engineer, architect and surveyor who might have lien rights against any portion of the Property for work or studies performed or commenced in connection with GRANTEE DESIGNEES' Right of Entry Activities pursuant to this Right of Entry. To the extent permitted by applicable law, GRANTEE hereby indemnifies the GRANTOR from and against any claims or demands for payment, or any liens or lien claims made against the GRANTOR as a result of the GRANTEE DESIGNEES' Right of Entry Activities conducted on the Property pursuant to this Right of Entry 4. Indemnification. GRANTEE shall indemnify 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 from claims arising from GRANTEE'S, its agent's or its contractor's negligent acts or omissions or willful misconduct related to entry on and use of the Property in connection with the Right of Entry Activities pursuant to this Right of Entry, 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. 5. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: GRANTOR: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 350 South Grand Avenue, 37th Floor Los Angeles, California 90071 2 GRANTEE: California Department of Fish and Wildlife Attention: Kyle Evans, Senior Environmental Scientist 1933 Cliff Dr, Suite 27 Santa Barbara, CA 93109 6. Authority to Enter into Right of Entry. GRANTOR hereby warrants that it is the owner of the Property and that the undersigned is authorized to grant GRANTEE permission to enter onto the Property for the use specified in this Right of Entry. GRANTEE hereby warrants that the undersigned is authorized to execute this Right of Entry on behalf of GRANTEE. 7. Permits and Applicable Law. GRANTEE shall be responsible for securing and maintaining all necessary permits and approvals from other appropriate local, state and federal agencies for its use of the Right -of -Entry Area, and GRANTEE shall comply with all applicable laws and regulations concerning its use of the Right -of -Entry Area. 8. Entire Agreement. This Right of Entry is the result of negotiations between the Parties. This Right of Entry is intended by the Parties as a full and final expression of their understanding with respect to the matters contained in this Right of Entry. 9. Amendment; Modification. No supplement, modification, or amendment of this Right of Entry shall be binding unless executed in writing and signed by both Parties. 10. Governing Law, Venue. This Right of Entry shall be governed by the laws of the State of California. Venue shall be in Riverside County. 11. Counterparts. This Right of Entry may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed counterpart were delivered. 12. Legalpresentation. The Parties, and each of them, acknowledge that in connection with the negotiation and execution of this Right of Entry, they have each had the opportunity to be represented by independent counsel of their own choosing and the Parties executed the Right of Entry after review by such independent counsel, or, if they were not so represented, said non -representation is and was the voluntary, intelligent and informed decision and election of any of the Parties not so represented; and, prior to executing this Right of Entry, each of the Parties has had an adequate opportunity to conduct an independent investigation of all the facts and circumstances with respect to the matters that are the subject of this Right of Entry. 13. Interpretation and Construction. Each party has reviewed this Right of Entry and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Right of Entry. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Right of Entry or any amendments or exhibits thereto. In this Right of Entry, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and Kl "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Right of Entry are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Right of Entry. 14. Severability. If any part, term or provision of this Right of Entry is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Right of Entry did not contain the particular part, term or provision held to be invalid 15. Fees and Costs. Each of the Parties to this Right of Entry shall bear its own attorneys' fees and costs, including, but not limited to expert fees, incurred in connection with negotiating the matters described in this Right of Entry. IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date as indicated beside each Party's signature. 4 GRANTOR: CITY OF TEMECULA, a municipal corporation Date: ATTEST: Randi Johl, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney GRANTEE: CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Date: APPROVED AS TO FORM: Zak Schwank, Mayor By: Kyle Evans, Senior Environmental Scientist N7 Exhibit "A" Depiction of Property Exhibit A APN: 922-210-060 !+ qt f x lk dt _ �44 i 79 M'�+ IL Rig ` , • * {` ` mow, d F . *r .r 44 "W .I *. ! 1' ' • ,, # J � ' +- .» .. ' ,�?" ; l I j pit .*'� ■J ��• � -4, I f .� _ � ' �� 'i� ih #r�- � a A"f � .fT. _ . �t �. �` �F �'�•,!i .-`.vf: V .7rt. '/; Exhibit A F ;Om � APN: 961-450-015 10 Ali., O1r .• Rip -6 ice.`■� ��3. rr � ...r�r x Exhibit A APN: 961-450-011 Exhibit A APN: 961-450-064 O4 �� -- -,. • ._ }fry .f. � � f Exhibit A AP\:961- 30 001 � �— | — �� & � � ■ �� � � �.2� $\ � �' A ���� � �� � . » � .2 �_�� � .~ �`■ �-� -- � X Sw �fl�. �• � . _ � _ ■� _ - %.•. • .3� y2© 2 &!, .,i•. �_| — « � 2L. �.t dJ_ » ; dL.* iw ■`f � . . 41tL Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15 Congestion Relief Project, PW 19-02 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW19-02. BACKGROUND: In 2018, the Move I-15 Through Temecula Valley Regional Task Force, comprised of the City of Temecula and over a dozen local, state, federal, and sovereign institutions, identified operational improvements to help alleviate congestion on I-15. Of these improvements, the City agreed to take the lead on developing and constructing a new auxiliary lane on northbound I-15 from the Temecula Parkway on -ramp to the Rancho California Road off - ramp. In a separate project, Caltrans is working on similar improvements from Rancho California Road to Winchester Road and in the southbound direction between Winchester Road and Temecula Parkway. Caltrans is the lead agency for the Project under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). On April 27, 2022, Caltrans approved the CEQA Common Sense Exemption per 14 CCR 15061[b][3] and made the determination that NEPA did not apply to Project. On March 29, 2023, Caltrans revalidated these findings. The Project plans and specifications are complete. The contract documents are available for review in the office of the Director of Public Works. Final approvals are expected soon from Caltrans, under the Streamlined Oversight Project (SOP) process. Upon receipt, the Project will be advertised for construction bids. The Engineer's Estimate for construction is $5.3 Million. The contract time to perform the work is 150 working days (approximately 8 months). Supplemental and agency furnished materials are estimated to be $570,000 total. FISCAL IMPACT: The I-15 Congestion Relief is included in the City's Capital Improvement Program FY 2023-27. The sources of funds for construction include Reimbursement-Pechanga IGA, State Highway Operation and Protection Program (SHOPP), TUMF (CETAP/RCTC), and General Fund. Sufficient funds are available in the project budget. ATTACHMENTS: 1. Location Map 2. CIP Budget Project Sheet ' 1-15 CONGESTION RELIEF PROJECT ���' MCME Lead Agency: City of Temecula -� New Northbound AuxMar Lane ...w �, y .R � „ a♦ - Santiago Road Overcrossing AIN— fly._ Alk c7" f The Heart of Southern California Wine Country 1-15 CONGESTION RELIEF Circulation Project Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Benefit: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15. Core Value: Transportation Mobility and Connectivity Project Status: Project is in the design and environmental clearance phase. Department: Public Works - Account No. 210.265.999.609 / PW19-02 Level: I City of Temecula Fiscal Years 2023-27 Capital Improvement Program THROUGH TE fE UL VALLEY Project Cost: Prior Years Actuals 2021-22 Adjusted 2022-23 Proposed Budget 2023-24 2024-25 Projected Projected 2025-26 2026-27 Projected Projected Total Project Cost Administration 119,521 120,506 155,000 80,000 475,027 Construction 6,074,443 6,074,443 Construction Engineering 1,020,000 1,020,000 Design & Environmental 957,307 344,933 100,000 1,402,240 Total Expenditures i 1,076,828 465,438 7,349,443 80,000 8,971,710 Source of Funds: General Fund 1,351,725 190,542 79,443 1,621,710 Reim bursement-Pechanga IGA 2,500,000 2,500,000 Reimbursements 100,000 100,000 SHOPP 1,250,000 1,250,000 TUMF (CETAP/RCTC) 3,500,000 3,500,000 Total Funding 1,451,725 2,690,542 4,750,000 79,443 8,971,710 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. SHOPP - State Highway Operation and Protection Program and Minor Program 2. RCTC Agreement No. 22-73-032-00; City Agreement 2022-035 3. Reimbursement of $100,000 reflects contribution from the City of Murrieta 88 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Approve the Plans and Specifications and Authorize Solicitation of Construction Bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14 PREPARED BY: Nino Abad, Senior Civil Engineer Kellen Freeman, Assistant Engineer RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Michael "Mike" Naggar Community Park Dog Park Project, PW21-14; and 2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines. BACKGROUND: The Michael "Mike" Naggar Community Park Dog Park Project (Project) is a parks/recreation project that will include the construction of a new, approximately 33,000 square foot dog park, located at Mike Naggar Park. The Project includes one large dog breed pen, one small dog breed pen, seating areas, shade structures, landscaping, irrigation, perimeter chain -link fence with gate, lighting, and refuse areas. The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office. The Engineer's estimate of construction cost is $538,373 with an estimated construction duration of 35 working days (approximately 1.5 months). This project is exempt from CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15303, Existing Facilities, and Section 15304, Minor Alterations to Land, of the CEQA Guidelines. Section 15303 states that minor additions to existing structures are Class 1 activities which are exempt from CEQA. FISCAL IMPACT: The Michael "Mike" Naggar Community Park Dog Park Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2023-2027, as amended and is funded with Measure S funds and Proposition 68 Per Capita Grant funds. Adequate funds are available in the project accounts. ATTACHMENTS: 1. Project Description 2. Project Location Ak Al 1% 7(1� A rhaHa—ofso> r�care wore ca"oo-y DOG PARK RENOVATION Parks/Recreation Project Project Description: This project is to design and construct a dog park at Michael "Mike" Naggar Community Park. The dog park will include small and large dog pens, seating, drinking fountains, shade and an agility dog course feature. Benefit: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Core Value: Healthy and Livable City Project Status: This project is dependent on the Prop 68 Per Capita Grant. The project is estimated to be complete in Fiscal Year 2021-22. Department: Public Works -Account No. 210.290.999.207 / PW21-14 Level: I City of Temecula Fiscal Years 2023-27 Capital Improvement Program 2022-23 2022-23 Prior Years 2021-22 Adopted Mid -Year Revised 2023-24 2024-25 2025-26 2026-27 Total Project Project Cost: Actuals Adjusted Budget Adjustment Budget Projected Projected Projected Projected Cost Administration 25,000 25,000 25,000 Construction 343,484 200,000 543,484 543,484 Design & Environmental 15,116 46,400 46,400 61,516 Total Expenditures - 6 Grants 247,126 200,000 200,000 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. Proposition 68 Grant from the California Department of Parks and Recreation. 247,126 r-, argita Dog Park Write a description for your map. vi M6 # t # 4P+ f t i _ 4 - Legend # 5 " ■ x + ` v f6t ,f. v Jill , A� r F, ik - r do . { • f - F � - x A Vag 1 rI 4J, 4 OF W,S # + * �+ * f ■ folo All *. 400 # Ow _9 ' ! in )IO'll"VI. - ip 41P 16 * #�� # rJill Jul r - f t it fA JJJV IL 4 T 1� iF - i * vi # ill OP IL fik.,JJJA. , 9 Ilk s # - Y • �, *Jil1 JF Fes* J 3 k '� `- + r * * ■ fk ! r f i- Jill q* jp • - ■' '�* ; i l OF ~ +♦ �� * ** it *+ 1 ; i� -� jil / e 4ff f lillit. P. All 4 db IN n Jill O�w IL Jill IPA ll l *IJ' � • art' ■ * * • , * • 11 . �� * # h - � r 46 44 iiiiiiiJ -a .*% 48 a 0 . � t, IIJJj !10 S - OL �491 a 04 •-.M * i 71 low- ;R- 0440 - . _% Op .* li� I P. ".* 0 �Pw 11 Nt v } = mw x i Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Receive and File Temporary Street Closures for 2023 Summerfest Events PREPARED BY: Anissa Sharp, Management Assistant Nick Minicilli, Senior Traffic Engineer RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2023 Summerfest Events: JUNETEENTH 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW ESCAPE JOURNEY TRIBUTE BAND CONCERT TEMECULA SUNSET MARKET NATIONAL NIGHT OUT BACKGROUND: Six special events are scheduled between June 2023 and November 2023 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operation as well as to protect participants and viewers. The six events and associated street closures are as follows: 1) JUNETEENTH — June loth The Juneteenth event will take place Saturday, June loth in Old Town Temecula with street closures scheduled as follows: Main Street from the easterly driveway edge of Saturday, June 10' 28636 Old Town Front Street 7:00 a.m. to 6:00 p.m. at Be Good Restaurant to Mercedes Street Mercedes Street Saturday, June 10 h Third Street to Fourth Street 7:00 a.m. to 6:00 p.m. Street closures for the Juneteenth event are shown on Exhibit "A" attached hereto. 2) 4TH OF JULY PARADE — July 4th The 4th Of July Parade will be held Tuesday, July 4th in Old Town Temecula with street closures scheduled as follows: Main Street 12:00 p.m. on Monday, July Yd from the easterly driveway edge of to 28636 Old Town Front Street at Be Good Restaurant to bottom of the "Y" on 3:00 p.m. on Tuesday, July 4th Main Street Second Street from Mercedes Street extending into and Tuesday, July 4th including The Stampede parking lot located at 6:00 a.m. to 12:00 p.m. 28721 Old Town Front Street Old Town Front Street Tuesday, July 4th between Moreno Road and Third Street 9:00 a.m. to 12:00 p.m. Moreno Road Tuesday, July 4th 10:00 a.m. to 12:00 p.m. Mercedes Street Tuesday, July 4th (closure for northbound traffic only) 9:45 a.m. to 12:00 p.m. Street closures for the 4th Of July Parade event are shown on Exhibit "B" attached hereto. 3) 4TH OF JULY FIREWORKS SHOW — July 411 The 4th of July Fireworks Show will take place Tuesday, July 4th at the Ronald Reagan Sports Park with street closures scheduled as follows: 6:00 a.m. on Tuesday, July 4th Pauba Road to from Margarita Road to Showalter Road 12:00 a.m. on Wednesday, July 5 th Calle Ventura 6:00 a.m. on Tuesday, July 4th to 12:00 a.m. on Wednesday, July 5th 6:00 a.m. on Tuesday, July 4th Calle Camellia to 12:00 a.m. on Wednesday, July 5th 6:00 a.m. on Tuesday, July 4th Showalter Road to 12:00 a.m. on Wednesday, July 5th Margarita Road Tuesday, July 4th between Rancho Vista Road and Pauba Road 7:00 p.m. to 10:00 p.m. Southern Cross Road Tuesday, July 4th at Margarita Road 6:00 p.m. to 10:00 p.m. Street closures for the 4th of July Fireworks Show are shown on Exhibit "C" attached hereto. 4) ESCAPE JOURNEY TRIBUTE BAND CONCERT — July 271h The Escape Journey Tribute Band Concert event will be held Thursday, July 27th in Old Town Temecula with street closures scheduled as follows: Main Street from the easterly driveway edge of Thursday, July 27t1i 28636 Old Town Front Street 10:00 a.m. to 11:00 p.m. at Be Good Restaurant to Mercedes Street Mercedes Street Thursday, July 27th Third Street to Fourth Street 10:00 a.m. to 11:00 p.m. Street closures for Escape Journey Tribute Band Concert event are shown on Exhibit "A" attached hereto. 5) TEMECULA SUNSET MARKET — July to November 2023 (Bi-Monthly Afternoon Market in Old Town) The Temecula Sunset Market will be open for public use the 2nd and 4th Wednesday of each month with the last market occurring November, 22, 2023 in the Town Square Park. The street closures necessary are as follows: Main Street July to November 2023 from the easterly driveway edge of 2nd and 4th Wednesday 28636 Old Town Front Street 12:00 p.m. to 11:00 p.m. at Be Good Restaurant to Mercedes Street July to November 2023 Mercedes Street 2nd and 4th Wednesday Third Street to Fourth Street 12:00 p.m. to 11:00 p.m. Street closures for the Temecula Sunset Market event are shown on Exhibit "A" attached hereto. 6) NATIONAL NIGHT OUT — August Ist The National Night Out event will be held Tuesday, August 1st in Old Town Temecula with street closures scheduled as follows: Main Street from the easterly driveway edge of Tuesday, August 1st 28636 Old Town Front Street 12:00 p.m. to 10:00 p.m. at Be Good Restaurant to Mercedes Street Mercedes Street Tuesday, August 1st Third Street to Fourth Street 12:00 p.m. to 10:00 p.m. Street closures for the National Night Out 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 — Summerfest Road Closures 2023 2. Exhibit B — 4th of July Parade Road Closures 3. Exhibit C — 4th of July Fireworks Show 2023 Road Closures Exhibit A: Summerfest Road Closures 2023 i Mercedes St 141 Fourth St 4 CV-- - j- Surnmerfest Events Third Sit --iSecond 7St E • Juneteenth June 1 Oth, 7 AM - 6 PM 4W • Escape Journey Tribute Band Concert t a PhD 1"I 07fk I0AKA-11 DNA Temecula Sunset Market July - November r o qlrfim"* 2nd and 4th Wednesday, 12 P 11 PM National Night Out I 286:3�6 Old Town Front St August 1 st, 12 PM - 10 PM Old Town Front St MOW, �x. $t1oz r, e ,Y , FOA Exhibit B: 4th of July Parade Road Closures 4 frti t z� r.y .'1fl.r !. M CIVIC CENTER mi 412, Road Closure 1. July 3 rd at 12pm to July 4t" at 3pm ig A* Lou Road Closure j 6 AM to 12 PM on July 4t" - ''T ' /Tv - Road Closure °.`, µ" 9 AM to 12 PM on July 4t" THE STAMPEDE p Road Closure _ PARKING LOT 10 AM to 12 PM on July 4t" ` ` �T - - 4 r ` J Road Closure Northbound traffic only, 9:45 AM to 12 PM on July 4t" IL . _ If �M owlst� { . e a - r ; L �9..f S - 41 r •• �,, r � J _ J4 � 4 _ } A L ' July 4th np Road Closure July 4th ,. nage% Lands yJ } is a F ^ " •' ti A4 i f1� 4 1.� �M i . r ... .Ad Item No. 13 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 9, 2023 CALL TO ORDER at 7:01 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. 12. Approve Action Minutes of April 25, 2023 Recommendation: That the Board of Directors approve the action minutes of April 25, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:04 PM, the Community Services District meeting was formally adjourned to Tuesday, May 23, 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. 14 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: May 23, 2023 SUBJECT: Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2023-24 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2023-24 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD. The TCSD is required to complete an annual levy process which includes adopting a resolution to accept the filing of a report on the proposed rates and charges necessary to provide the following services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges. The four current service levels of the TCSD include: 1. Service Level B — Residential Street Lighting. 2. Service Level C — Perimeter Landscaping and Slope Maintenance. 3. Service Level D — Residential Recycling and Refuse Collection. 4. Service Level R — Unpaved Road Maintenance 1. Service Level B — Residential Street Lighting The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential. 2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of: (1) the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario, for the previous calendar year (2) 5% The Annual CPI change for 2023 was 8.70%. As a result, the following zones will see a 5% increase in the rates for Fiscal Year 2023-24. Zone No. and Name 22-23 Rate 23-24 Rate Increase 6 - Woodcrest County $125.00 $131.25 $6.25 29 - Gallery Portraits $446.16 $468.47 $22.31 3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $25.53 is proposed to the annual rate and charge for Service Level D from $330.58 to $356.24 per residential unit beginning Fiscal Year 2023-24. The increase is due to a CPI increase of 9.31% and a land- fill tipping fee increase of 7.3%. 4. Service Level R — Unpaved Street and Road Maintenance The TCSD rates and charges for Service Level R are not proposed to increase from their approved per parcel rate. The rate is capped at $115.26 per single-family residential and $57.62 per vacant residential property. Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2023-24 and schedule a public hearing concerning these issues for July 25, 2023. Staff will proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty-five (45) days prior to the public hearing. FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2023-24 rates and charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. ATTACHMENTS: 1. Resolution 2. FY 2023-24 Preliminary Engineer's Report RESOLUTION NO. CSD 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A REPORT WITH RESPECT TO THE PROPOSED RATES AND CHARGES FOR FISCAL YEAR 2023-24 AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction. Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2023-24 Fiscal Year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831. Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2023-24. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection. Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 25th day of July, 2023, at the hour of 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time. Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges. Section 6. The District Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, Secretary [SEAL] James Stewart, President N STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2023- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Webb MUNIC-IIIAL t-Ii Preliminary Engineer's Annual Levy Report Fiscal Year 2023-2024 Temecula Community Services District Service Levels 6, C, R and Refuse & Recycling Collection Prepared For is a The Heart of Southern California Wine Country May 2023 Table of Contents Sections Tables Section i. Engineer's Statement Section 1. Description of Services 1 Section 2. Budgets and Levy Summary 2 Section 3. District Services and Charges 10 Section 4. Changes to the District 16 Section 5. Method of Apportionment 18 Section 6. Tax Roll 21 Table 2-1. Operating Budget Summary for Service Levels B, D and R 3 Table 2-2. Operating Budget for Service Level C 4 Table 2-3. Year over Year Budget Comparison 9 Table 3-1. Service Level B 10 Table 3-2. Service Level C 11 Table 5-1. Parcel Charge Calculation Service Level B 18 Table 5-2. Parcel Charge Calculation Service Level C 19 Table 5-3. Parcel Charge Calculation Service Level R 20 Table 5-4. Parcel Charge Calculation Refuse/Recycling Collection 20 Appendices Appendix A. Tax Roll A-1 i. Engineer's Statement AGENCY: CITY OF TEMECULA PROJECT: TEMECULA COMMUNITY SERVICES DISTRICT TO: BOARD OF DIRECTORS CITY OF TEMECULA STATE OF CALIFORNIA REPORT PURSUANT TO GOVERNMENT CODE SECTION 61115 Pursuant to Government Code Section 61115, this Report is prepared and presented to the Board to prescribe Service Level B, Service Level C, Service Level R and Refuse/Recycling Collection rates and charges for the parcels and territories within the District. A Public Hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. Following consideration of all public comments and written protests at the noticed Public Hearing, and review of the Report, the Board may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the Charges, the Board shall order the levy and collection of Charges for Fiscal Year 2023-2024. In such case, the levy information will be submitted to the Riverside County Auditor/Controller and included as Charges on the property tax roll for the various services provided in Fiscal Year 2023-2024. SECTION 1 DESCRIPTION OF SERVICES of the areas covered and the services provided for the Fiscal Year. The description of services shows and describes the existing improvements and is sufficient in showing and describing the general nature, location, and extent of the improvements. SECTION 2 A BUDGETS AND LEVY SUMMARY by Service Level of the improvements to be maintained and/or improved for the mentioned Fiscal Year. SECTION 3 A description of the DISTRICT SERVICES AND CHARGES by Service Level, describing the method used to apportion the District charges. SECTION 4 CHANGES TO THE DISTRICT Contains details of changes that have occurred within the District since its inception that could affect the levy. SECTION 5 The METHOD OF APPORTIONMENT used to Calculate the levy for each of the Service Levels. SECTION 6 The TAx ROLL information. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 i. Engineer's Statement WHEREAS, upon incorporation of the City of Temecula (the "City"), effective December 1, 1989 voters approved the formation of the Temecula Community Services District (the "District") to provide specified services previously provided by the County of Riverside (the "County") to properties within its jurisdiction. The boundary of the District is coterminous with the City boundary and includes all parcels within the City with the City Council acting as the Board of Directors (the "Board") for the District. The District collects property -related fees and charges ("Charges") in order to provide services and maintain the improvements within the District. The District was formed, and Charges were set and established, pursuant to the Community Services District Law, Title 6, Division 3 of the California Government Code ("CSD Law"). WHEREAS, each fiscal year, an Engineer's Annual Levy Report (the "Report") is prepared, filed, and approved by the Board. This Report describes the District, any changes to the District, and the proposed Charges for the fiscal year. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Parcel Number or Property Identification Number by the Riverside County Assessor's Office. The Riverside County Auditor/Controller uses Property Identification Numbers and specific Fund Numbers to identify, on the tax roll, properties charged for District services. The Charges contained in the Report are based on the historical and estimated costs to service properties within the District. The services provided by the District and the corresponding costs are budgeted and charged as separate Service Levels and include all expenditures, deficits, surpluses, and revenues. Each parcel is charged for the services provided to the parcel. The District provides residential street lighting, perimeter landscaping and slope protection, and refuse collection in numerous residential developments as well as unpaved road improvement and maintenance within specified areas of the District. WHEREAS, Pursuant to Government Code Section 61115 the District has prescribed, revised, and collected rates and charges for residential street lighting ("Service Level B"), perimeter landscaping ("Service Level C"), unpaved road maintenance ("Service Level R"), and Refuse/Recycling Collection services furnished by the District, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its general taxes in the manner prescribed by Government Code Section 61115. Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) II Engineer's Annual Levy Report for Fiscal Year 2023-2024 i. Engineer's Statement Now, THEREFORE, I Matthew E. Webb, a Professional Civil Engineer (employed at Albert A. Webb Associates and retained through an agreement between Webb Municipal Finance, LLC and my employer), acting on behalf of the Temecula Community Services District, pursuant to the " CSD Law", do hereby submit the following: The District requested Webb Municipal Finance, LLC, to prepare and file an Engineer's Levy Report for Temecula Community Services District (Levels B, C, R and Refuse/Recycling Collection) pursuant to the Government Code Section 61115, presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations, and servicing of the improvements for Service Levels B, C, R and Refuse/Recycling Collection, for the referenced Fiscal Year, an assessment of the estimated costs of the maintenance, operations, and servicing the improvements, assessing the net amount upon all assessable lots and/or parcels within each Service Level and Refuse/Recycling Collection in proportion to the special benefit received; This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and charges applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor's maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Temecula Community Services District. Please note that Albert A. Webb Associates provides engineering advice and related consulting services. Albert A. Webb Associates is not a registered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer's Report is, or should be interpreted to be, municipal advisory services or advice. Executed this day of 2023. QynFEsslo� "I All F2 � z w N0 . 37385 M a ;0 '�j, CIVIC- P Or CALZ4"&1/11 ALBERT A. WEBB ASSOCIATES MATTHEW E. WEBB PROFESSIONAL CIVIL ENGINEER NO. 37385 ENGINEER OF WORK ON BEHALF OF THE CITY OF TEMECULA AND THE TEMECULA COMMUNITY SERVICES DISTRICT STATE OF CALIFORNIA Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 i. Engineer's Statement Final approval, confirmation and levy of the annual assessments and all matters in the Engineer's Report were made on the day of 2023, by adoption of Resolution No. by the Board of Directors. CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA A copy of the Tax Roll and Engineer's Annual Levy Report were filed in the office of the City Clerk on the day of 12023. CITY CLERK CITY OF TEMECULA STATE OF CALIFORNIA Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report, for Fiscal Year 2023-2024 IV 1. Description of Services The boundary of the District is coterminous with the City boundary and includes all parcels within the City. The District provides certain property related services and improvements consisting of four (4) separate and distinct services referred to as "Service Levels". Each parcel within the District is charged proportionately for only those services attributable to the parcel. Each Service Level has differing costs depending upon the services provided. All parcels identified within a Service Level share in the cost of the service. The costs associated with the service are spread among all properties within that Service Level to which the service is provided in accordance with the Method of Apportionment of the specific service level. Services and improvements provided throughout the District include residential street lighting, perimeter landscape maintenance and slope protection, unpaved road improvement construction and maintenance, and a refuse and recycling collection program. The Service Levels are identified as follows: Service Level B - Residential Street Lighting Services include the operation, maintenance, utility costs, and administration of residential streetlights. Service Level C - Perimeter Landscaping Services include the operation, maintenance, utility costs, improvements, and administration of all perimeter landscaping and slope maintenance areas maintained by the District. Service Level R - Unpaved Road Maintenance Services include the operation and administration of certain unpaved streets and roads maintained by the District. Refuse/Recycling Collection Services include the operation and administration of the refuse and recycling program for single-family dwellings. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary The budgets for each Service Level are shown below. Each Service Level provides different and specific services and improvements to various parcels within the District. Only the parcels that the services and improvements are levied for are included in each of the Service Levels. The "Total Levy Units" and the resulting "Charge per Levy Unit" (shown in Table 2-2), reflect a method of apportionment that most fairly spreads the costs of the services to the parcels in that Service Level. The "Total Levy Units" for Service Levels B, C, and Refuse/Recycling Collection is based on a per parcel count. For Service Level R, levy units are based on a Parcel Development Unit ("PDU"), which is similar to a per parcel count but makes a distinction between developed and undeveloped parcels. For a more complete description of the methods used for calculating the "Total Levy Units" used for each Service Level, please refer to Section 5, Method of Apportionment. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 2 Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Table 2-1 Service Levels B, R and Refuse/Recycling Operating Budget Summary for Fiscal Year Ending June 30, 2024 PERSONNEL Services Subtotal Personnel Services OPERATIONS MAINTENANCE Repair & Maintenance Facilities Office Supplies Printing Election Costs (Offset by Developer Deposits) Dues and Memberships Postage and Packaging Property Tax Administrative Fees Utilities Small Tools and Equipment Uniforms Consulting Services Other Outside Services Public Notices Staff Training/Education Mileage Recognition Program Subtotal 5200's Waste Hauling Street Lighting Subtotal 5300's Emergency Road Maintenance Landscape Maintenance Landscape Rehabilitation Subtotal 5400's Recycling Programs Subtotal Capital Outlay Subtotal 5200'S 5212 5220 5222 5225 5226 5230 5231 5240 5242 5243 5248 5250 5256 5261 5262 5265 5315 5319 5402 5415 5416 $0 $0 $80,000 $80,000 $0 $0 $80,000 $80,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,500 $6,500 $0 $0 $0 $0 $12,000 $200 $13,000 $25,200 $0 $0 $0 $0 $0 $0 $5,000 $5,000 $0 $0 $100 $100 $0 $0 $0 $0 $0 $0 $20,000 $20,000 $0 $0 $20,000 $20,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $12,000 $200 $64,600 $76,800 $0 $0 $10,327,204 $10,327,204 $455,000 $0 $0 $455,000 $455,000 $0 $10,327,204 $10,782,204 $0 $10,000 $0 $10,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10,000 $0 $10,000 $0 $0 $8,000 $0 $0 $0 $8,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL DIRECT DISTRICT COSTS $467,000 $10,200 $10,479,804 $10,949,004 EXPENDITURES/REVENUES Contingency Reserve $0 $0 $0 $0 TOTAL EXPENDITURES / REVENUES $467,000 $10,200 $10,479,804 $10,949,004 CONTRIBUTIONS Contributions from Grants 4025 $0 $0 $0 $0 Operation Income $0 $0 $0 $0 Other Contributions ($187,763) $0 $37,697 ($150,066) Fund Balance Collection/Contribution $0 $4,668 $0 $4,668 TOTAL COLLECTION/CONTRIBUTIONS ($187,763) $4,668 $37,697 ($145,398) Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 3 Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Table 2-2 Service Levels C Operating Budget for Fiscal Year Ending June 30, 2024 Budget FY 2023-2024 DIRECT COSTS Saddlewood Zone 01 Winchester Creek Zone 02 $1,500 $9,400 Rancho Highlands Zone 03 The Vineyards Zone 0, Signet Series Zone 05 Woodcrest Country Zone 0. Repair & Maintenance / Facility $1,000 $2,000 $12,000 $1,000 $1,680 $2,000 $12,000 $1,200 $4,700 Utilities $9,600 Landscape Contract $26,736 $18,456 $21,000 $3,708 $19,092 $9,552 Rehabilitation $0 $10,000 $10,000 $0 $3,500 $10,000 TOTAL DIRECT COSTS $37,336 $39,356 $45,000 $6,388 $36,592 $25,452 INDIRECT COSTS CityAdmin $5 $5 $5 $5 $5 $5 County Fees $206 $258 $234 $140 $169 $171 Special Tax Consultant $250 $300 $250 $175 $175 $200 TOTAL DIRECT COSTS $461 $563 $489 $320 $349 $376 TOTAL• 0: ADJUSTMENTS Fund Balance Collection/Contribution $135 $2,623 $1,839 ($314) $2,084 $4,228 TOTAL0,0 EDUs 327 478 408 139 223 229 FY 2023-2024 Proposed Rate $116.00 $89.00 $116.00 $46.00 $175.00 $131.24 FY 2022-2023 Maximum Rate $116.00 $89.00 $116.00 $46.00 $175.00 $125.00 FY 2023-2024 Maximum Rate $116.00 $89.00 $116.00 $46.00 $175.00 $131.25 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Budget FY 2023-2024 DIRECT COSTS Ridgeview �, Village Grove I Rancho 0 Solana . 1 Martinique Meadowview Vintage Hills Repair & Maintenance / Facility $1,100 $4,500 $500 $1,000 $350 $3,300 Utilities $6,200 $34,650 $1,500 $3,780 $1,150 $28,000 Landscape Contract $6,360 $71,292 $960 $3,180 $792 $44,556 Rehabilitation $1,200 $25,000 $2,000 $1,500 $0 $20,000 TOTAL DIRECT COSTS $14,860 $135,442 $4,960 $9,460 $2,292 $95,856 INDIRECT COSTS CityAdmin $5 $5 $5 $5 $5 $5 County Fees $151 $365 $130 $121 $96 $382 Special Tax Consultant $175 $400 $150 $150 $125 $450 TOTAL DIRECT COSTS $331 $770 $285 $276 $226 $837 TOTAL• ADJUSTMENTS Fund Balance Collection/Contribution $117 $813 ($139) $8 ($68) ($297) TOTAL•. EDUs 172 783 111 84 14 831 FY 2023-2024 Proposed Rate $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 FY 2022-2023 Maximum Rate $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 FY 2023-2024 Maximum Rate $89.00 $175.00 $46.00 $116.00 $175.00 $116.00 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Budget FY 2023-2024 DIRECT COSTS Presley - Dlis Morrison Barclay Monte Temeku Repair & Maintenance / Facility $1,200 $1,000 $400 $2,000 $105 $3,000 Utilities $12,200 $6,900 $2,400 $4,500 $950 $21,000 Landscape Contract $14,640 $5,724 $5,088 $12,096 $900 $48,372 Rehabilitation $5,000 $2,500 $1,500 $15,000 $0 $15,000 TOTAL DIRECT COSTS $33,040 $16,124 $9,388 $33,596 $1,955 $87,372 INDIRECT COSTS CityAdmin $5 $5 $5 $5 $5 $5 County Fees $352 $149 $111 $167 $107 $561 Special Tax Consultant $425 $175 $130 $200 $125 $625 TOTAL DIRECT COSTS $782 $329 $246 $372 $237 $1,191 TOTAL• ADJUSTMENTS Fund Balance Collection/Contribution $402 ($1,679) $166 $3,832 ($76) $5,447 TOTAL:00 EDUs 744 166 56 $37,800 216 46 1,343 FY 2023-2024 Proposed Rate $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 FY 2022-2023 Maximum Rate $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 FY 2023-2024 Maximum Rate $46.00 $89.00 $175.00 $175.00 $46.00 $70.00 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Budget FY 2023-2024 DIRECT COSTS Chaternar Crowne Hill $5,500 Vail Ranch Sutton Place Pheasant Hill Harveston Repair & Maintenance / Facility $2,500 $13,000 $425 $400 $6,000 Utilities $8,900 $50,000 $45,000 $1,800 $1,900 $32,000 Landscape Contract $31,824 $70,020 $120,348 $2,064 $2,868 $70,020 Rehabilitation $10,000 $50,000 $47,000 $0 $3,000 $50,000 TOTAL DIRECT COSTS $53,224 $175,520 $225,348 $4,289 $8,168 $158,020 INDIRECT COSTS CityAdmin $5 $5 $5 $5 $5 $5 County Fees $176 $447 $710 $104 $238 $659 Special Tax Consultant $200 $500 $850 $125 $250 $750 TOTAL DIRECT COSTS $381 $952 $1,565 $234 $493 $1,414 TOTAL• ADJUSTMENTS ($115) ($261) Fund Balance Collection/Contribution $845 $1,503 $1,288 $2,666 TOTAL00 EDUs 242 1,017 1,769 38 420 $162,100 1,621 FY 2023-2024 Proposed Rate $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 FY 2022-2023 Maximum Rate $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 FY 2023-2024 Maximum Rate $225.00 $175.00 $129.00 $116.00 $20.00 $100.00 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary Budget FY 2023-2024 DIRECT COSTS Serena Hills Gallery Traditions Avondale Wolf Creek Gallery Portraits Zone 29 Repair & Maintenance / Facility $2,000 $250 $500 $9,000 $500 Utilities $13,000 $1,000 $5,285 $78,000 $1,050 Landscape Contract $22,284 $792 $3,180 $108,216 $1,272 Rehabilitation $6,500 $0 $0 $35,000 $1,000 TOTAL DIRECT COSTS $43,784 $2,042 $8,965 $230,216 $3,822 INDIRECT COSTS CityAdmin $5 $5 $5 $5 $5 County Fees $168 $94 $137 $723 $95 Special Tax Consultant $200 $100 $150 $800 $110 TOTAL DIRECT COSTS $373 $199 $292 $1,528 $210 TOTAL• ADJUSTMENTS Fund Balance Collection/Contribution ($157) ($81) ($157) $1,230 $653 TOTAL000 EDUs 220 $2,160 8 $9,100 130 1,806 10 FY 2023-2024 Proposed Rate $200.00 $270.00 $70.00 $129.00 $468.46 FY 2022-2023 Maximum Rate $200.00 $270.00 $70.00 $129.00 $446.16 FY 2023-2024 Maximum Rate $200.00 $270.00 $70.00 $129.00 $468.47 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 2. Budgets and Levy Summary The following Table provides levy information for the various Service Levels within the District, comparing the Budget for Fiscal Year 2023-2024 to the previous fiscal year. Table 2-3 Year -over -Year Budget Comparison FISCAL YEAR 2022-2023 Total ENROLL Charge / ........ Total 7 FISCAL YEAR W 2023-2024 % Change PROJECTIONS Total rcels Levy Units Service Level B - Residential Street Lighting Levy Unit Levy Parcels per Levy Unit IWF Levy Single -Family 24,612 24,612 $25.68 $632,036.16 25,157 25,157 0.00% $25.68 $646,031.76 Residential Condominium 680 340 $25.68 $8,731.20 680 340 0.00% $25.68 $8,731.20 68-2914 25,292 24,952 $640,767.36 25,292 25,497 $654,762.96 Service Level C - Perimeter Landscaping (1)(2) Zone 1 68-2930 327 327 $116.00 $37,932.00 327 327 0.00% $116.00 $37,932.00 Zone 2 68-2931 478 478 $89.00 $42,542.00 478 478 0.00% $89.00 $42,542.00 Zone 3 68-2932 408 408 $116.00 $47,328.00 408 408 0.00% $116.00 $47,328.00 Zone 4 68-2933 139 139 $46.00 $6,394.00 139 139 0.00% $46.00 $6,394.00 Zone 5 68-2934 223 223 $175.00 $39,025.00 223 223 0.00% $175.00 $39,025.00 Zone 6 68-2935 229 229 $125.00 $28,625.00 229 229 5.00% $131.24 $30,053.96 Zone 7 68-2936 172 172 $89.00 $15,308.00 172 172 0.00% $89.00 $15,308.00 Zone 8 68-2937 783 783 $175.00 $137,025.00 783 783 0.00% $175.00 $137,025.00 Zone 9 68-2938 111 111 $46.00 $5,106.00 111 111 0.00% $46.00 $5,106.00 Zone 10 68-2939 84 84 $116.00 $9,744.00 84 84 0.00% $116.00 $9,744.00 Zone 11 68-2940 14 14 $175.00 $2,450.00 14 14 0.00% $175.00 $2,450.00 Zone 12 68-2941 831 831 $116.00 $96,396.00 831 831 0.00% $116.00 $96,396.00 Zone 13 68-2942 744 744 $46.00 $34,224.00 744 744 0.00% $46.00 $34,224.00 Zone 14 68-2943 166 166 $89.00 $14,774.00 166 166 0.00% $89.00 $14,774.00 Zone 15 68-2944 56 56 $175.00 $9,800.00 56 56 0.00% $175.00 $9,800.00 Zone 16 68-2945 216 216 $175.00 $37,800.00 216 216 0.00% $175.00 $37,800.00 Zone 17 68-2946 46 46 $46.00 $2,116.00 46 46 0.00% $46.00 $2,116.00 Zone 18 68-2947 1,343 1,343 $70.00 $94,010.00 1,343 1,343 0.00% $70.00 $94,010.00 Zone 19 68-2948 242 242 $225.00 $54,450.00 242 242 0.00% $225.00 $54,450.00 Zone 20 68-2949 1,017 1,017 $175.00 $177,975.00 1,017 1,017 0.00% $175.00 $177,975.00 Zone 21 68-2950 1,769 1,769 $129.00 $228,201.00 1,769 1,769 0.00% $129.00 $228,201.00 Zone 22 68-2951 38 38 $116.00 $4,408.00 38 38 0.00% $116.00 $4,408.00 Zone 23 68-2952 420 420 $20.00 $8,400.00 420 420 0.00% $20.00 $8,400.00 Zone 24 68-2953 1,621 1,621 $100.00 $162,100.00 1,621 1,621 0.00% $100.00 $162,100.00 Zone 25 68-2954 220 220 $200.00 $44,000.00 220 220 0.00% $200.00 $44,000.00 Zone 26 68-2955 8 8 $270.00 $2,160.00 8 8 0.00% $270.00 $2,160.00 Zone 27 68-2956 130 130 $70.00 $9,100.00 130 130 0.00% $70.00 $9,100.00 Zone 28 68-2957 1,806 1,806 $129.00 $232,974.00 1,806 1,806 0.00% $129.00 $232,974.00 Zone 29 68-2958 10 10 $446.16 $4,461.60 10 10 5.00% $468.46 $4,684.60 Zone 30 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 31 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Zone 32 N/A 0 N/A N/A N/A 0 N/A N/A N/A N/A Total 13,651 13,651 $1,588,828.60 13,651 13,651 $1,590,480.56 Service Level R - Road Maintenance Rate Level 68-2917 55 48 N/A $5,532.48 55 48 $115.26 $5,532.48 1 Citywide Recycling/Refuse Collection 68-2916 28,897 28,897 $330.58 $9,552,770.26 29.312 29,312 $356.24 1 $10,442,106.88 (1) The maximum rate per Levy Unit, for Zones 6, 29, 31 and 32 will escalate by the lesser of 5% or the percentage increase in the Consumer Price Index ("CPI"), which is 8.70%. For Fiscal Year 2023-2024 the increase will be 5.00%, the percentage increase in the Annual CPI. (2) Zones 30, 31, & 32 will not be levied for Fiscal Year 2023-2024 as the project areas will be maintained by an HOA. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges Service Level B, Residential Street Lighting Service Level B includes all developed single-family residential parcels, condominiums, and residential vacant lots for which the District provides ongoing servicing, operation, and maintenance of local street lighting improvements. The current rate and charges for Service Level B is $25.68 per residential lot ($12.84 per condominium unit within Specific Plans) and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2023-2024. Table 3-1 Service Level B 04153-00 19872-05 20882-01 21675-04 23063-03 23101-05 23267-02 24135-03 27827-01 29928-00 31053-03 04188-00 19939-00 20882-02 21675-05 23063-04 23101-06 23267-03 24136-00 27827-02 29928-01 31276-00 04457-00 19939-01 20882-03 21675-06 23063-05 23125-00 23267-04 24136-01 27827-03 29928-02 31344-00 06559-00 19939-02 20987-00 21760-00 23063-06 23125-01 23371-00 24136-02 28309-00 29928-03 31898-00 07401-00 20079-00 21067-00 21765-00 23063-07 23125-02 23371-01 24136-03 28480-00 29929-00 32104-00 07402-00 20079-01 21082-00 22148-00 23063-08 23125-03 23371-02 24182-01 28482-00 29929-01 32169-00 08369-00 20079-02 21082-01 22203-00 23064-00 23126-00 23371-03 24182-02 28482-01 30088-00 32170-00 08369-01 20079-03 21082-02 22204-00 23064-01 23128-00 23371-04 24182-03 28482-02 30264-00 32319-00 08369-02 20130-00 21082-03 22208-00 23064-02 23142-00 23371-05 24182-04 28482-03 30264-01 32436-00 11087-01 20130-01 21082-04 22593-00 23064-03 23143-00 23371-06 24183-00 28503-00 30264-02 32436-01 11087-02 20130-02 21340-00 22593-01 23065-00 23143-01 23371-07 24183-01 28510-00 30264-03 32437-00 12189-01 20130-03 21340-01 22593-02 23065-01 23143-02 23371-08 24184-00 28510-01 30264-04 32437-01 12189-02 20130-04 21340-02 22627-00 23065-03 23143-03 23371-09 24184-01 28510-02 30264-05 32437-02 12189-03 20130-05 21340-03 22627-01 23065-04 23143-04 23371-10 24185-00 28510-03 30264-06 32437-03 12189-04 20130-06 21340-04 22715-00 23065-05 23143-06 23371-11 24185-01 28526-00 30264-07 33124-00 12189-05 20153-00 21340-05 22715-01 23066-01 23143-07 23371-14 24185-02 28553-00 30264-08 33125-00 12189-06 20154-00 21340-06 22715-02 23066-02 23143-08 23483-00 24186-00 28553-01 30264-09 34698-00 12189-07 20319-00 21340-07 22716-00 23066-03 23143-09 24131-00 24186-01 28810-00 30264-10 Old Town 13060-01 20643-00 21430-01 22716-01 23066-04 23143-10 24131-01 24186-02 28980-00 30264-11 PM 24387 13060-02 20644-00 21561-00 22716-02 23066-05 23143-11 24131-02 24186-03 29033-00 30264-12 PM 26488 13060-03 20703-01 21672-01 22716-03 23067-02 23173-00 24131-03 24187-00 29036-00 30264-13 PM 27493 13060-04 20703-02 21672-02 22716-04 23067-03 23173-01 24132-00 24187-01 29133-00 30264-14 PM 28122 13060-05 20703-03 21672-03 22761-00 23067-04 23173-02 24132-01 24187-02 29203-00 30264-15 37341-01 13060-06 20735-01 21672-04 22762-00 23067-05 23173-03 24133-00 24188-00 29286-00 30667-00 37341-03 13060-07 20735-02 21673-00 22786-00 23100-01 23173-04 24133-01 24188-01 29734-00 30667-01 37341-04 13060-08 20735-03 21673-01 22915-00 23100-02 23174-01 24133-02 24188-02 29798-00 30667-02 37341-05 18518-00 20735-04 21673-02 22915-01 23100-03 23174-02 24133-03 24188-03 29798-01 30667-03 37341-06 18518-01 20735-05 21673-03 22915-02 23100-04 23174-03 24133-04 24232-00 29798-02 30668-00 37341-07 18518-02 20735-06 21674-00 22915-03 23100-05 23174-04 24133-05 25004-00 29798-03 30668-01 37341-08 18518-03 20735-07 21674-01 22916-00 23100-06 23174-05 24134-00 25004-01 29798-04 30668-02 37341-09 18583-00 20735-08 21674-02 22916-01 23100-07 23174-06 24134-01 25892-00 29798-05 30669-00 37341-10 19872-00 20735-09 21674-03 22916-02 23100-08 23177-00 24134-02 26488-00 29798-06 30669-01 19872-01 20848-00 21675-00 22916-03 23101-01 23209-00 24134-03 26828-00 29798-07 30669-02 19872-02 20879-00 21675-01 22962-00 23101-02 23220-00 24135-00 26828-01 29798-08 31053-00 19872-03 20879-01 21675-02 23063-01 23101-03 23267-00 24135-01 26828-02 29798-09 31053-01 19872-04 20882-00 21675-03 23063-02 23101-04 23267-01 24135-02 27827-00 29798-10 31053-02 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 10 Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges Service Level C, Perimeter Landscaping Service level C includes all developed single family and condominium residential parcels and residential vacant lots for which the District provides on -going servicing, operation, and maintenance of perimeter landscaped areas and slopes within the public rights -of -way and dedicated easements adjacent to and associated with certain tracts and subdivisions. The level of maintenance required in these tracts and subdivisions varies depending on operating costs. Thirty-two (32) Zones with corresponding rates have been established within Service Level C. In recent fiscal years, the cost of maintaining the perimeter landscaping for most zones in Service Level C, far accede the maximum assessment that can be levied against the parcels in these zones. As a result, it has been necessary for City staff to reduce services and activities and/or reduce or eliminate the collection of funding for longterm repairs, replacements and rehabilitation. The current rates and charges for Service Level C is per residential lot and shall be applied to developed and undeveloped residential parcels within the following Tracts and subdivisions for Fiscal Year 2023-2024. Table 3-2 Service Level C Zone No. 1 Maximum Rate: 11 Proposed 11 Tract Name: Tract Numbers: Saddlewood 18518-00 18518-01 18518-02 18518-03 Zone No. 2 Tract Name: Maximum Rate: 11 1 Proposed 11 Tract Numbers: Winchester Creek 20130-00 20130-01 20130-02 20130-03 20130-04 20130-05 20130-06 21340-00 21340-01 21340-02 21340-03 21340-04 21340-05 21340-06 Tract Name: Tract Numbers: Rancho Highlands 20643-00 20644-00 21760-00 22203-00 22204-00 22761-00 22762-00 Zone No. 4 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: The Vineyards 1' • 11 1' • 1 Zone No. 5 Maximum Rate: $175.00 Proposed Rate: $175.00 Tract Name: Tract Numbers: Signet Series 20882-00 20882-01 20882-02 20882-03 ProposedZone No. 6 0) Maximum Rate: $131.25 Tract Name: Tract Numbers: Woodcrest Country 21561-00 22208-00 (3) Beginning Fiscal Year 2009-2010, the base rate for Zone 6 was $95.00. Each year thereafter, beginning Fiscal Year 2010-2011 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. Zone No. 7 Maximum Rate: $89.00 Proposed Rate: $89.00 Tract Name: Tract Numbers: Ridgeview 20735-07 20735-08 20735-09 20881-00 21764-00 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges 11 Proposed 11 Tract Name: Tract Numbers: Village Grove 21672-01 21672-02 21672-03 21672-04 21673-00 21637-01 21637-02 21673-03 21674-00 21674-01 21674-02 21674-03 21675-00 21675-01 21675-02 21675-03 21675-04 21675-05 21675-06 Zone No. 9 maximum Rate: $46.00 Proposed Rate: $46.00 Tract Name: Tract Numbers: Rancho Solana 22593-00 22593-01 22593-02 Zone No. 10 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: FARMOM : 11 Zone No. 11 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: -... - IT FRO1 Zone No. 12 Maximum Rate: 11 Proposed 11 Tract Name: Tract Numbers: Vintage Hills 22715-00 22715-01 22715-02 22716-00 22716-01 22716-02 22716-03 22716-04 22915-00 22915-01 22915-02 22915-03 22916-00 22916-01 22916-02 22916-03 Zone No. 13 Tract Name: maximum Rate: $46.00 Proposed Rate: $46.00 Tract Numbers: Presley Development 23267-00 23267-01 23267-02 23267-03 23267-04 26861-00 26861-01 26861-02 26861-03 Zone No. 14 I Maximum Rate: $89.00 I Proposed Rate: $89.00 Tract Name: Tract Numbers: Morrison Homes BIT �: 11 Zone No. 15 I Maximum Rate: $175.00 I Proposed Rate: $175.00 Tract Name: Tract Numbers: Barclay Estates 11� 1 ximum Rate: $175.00 Proposed Rate: $175.00 Tract Name: Tract Numbers: Tradewinds 1 23125-00 23125-01 23125-02 23125-03 Zone No. 17 I Maximum Rate: $46.00 I Proposed Rate: $46.00 Tract Name: Tract Numbers: F"AfflIff-mm: 1• 11 Zone No. 1 11 Proposed 1 11 Tract Name: Tract Numbers: Te m eku Hills 23371-00 23371-01 23371-02 23371-03 23771-04 23771-05 23371-06 23371-07 23371-08 23371-09 23371-10 23371-11 23371-14 28482-00 28482-01 28482-02 28482-03 28526-00 29033-00 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 12 Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges iximum Rate: 00 Proposed Rate: $225.00 Tract Name: Tract Numbers: Chante mar 1 28510-00 28510-01 28510-02 28510-03 Zone No. 20 Tract Name: Maximum Rate: 00 Proposed Rate: $175.00 Tract Numbers: Crowne Hill 23143-00 23143-02 23413-03 23413-04 23413-01 23413-03 23413-04 23413-06 23413-07 23413-08 23413-09 23413-10 23413-11 Zone No. 21 Tract Name: maximum Rate: 00 Proposed Rate: $129.00 Tract Numbers: Vail Ranch Gated Community 28832-00 Vail Ranch Residential 23173-00 23173-01 23173-02 23173-03 23173-04 23174-01 23174-02 23174-03 23174-04 23174-05 23174-06 28480-00 Zone No. 22 I Maximum Rate: $116.00 I Proposed Rate: $116.00 Tract Name: Tract Numbers: Sutton Place In, :. II Zone No. 23 Tract Name: Maximum Rate: $20.00 Proposed Rate: $20.00 Tract Numbers: Pheasant Run 19872 19872-01 19872-02 19872-03 19872-04 19872-05 Zone No. 24 Tract Name: maximum Rate: $100.00 Tract Numbers: Proposed Rate: $100.00 Harveston 29928 30667 30669 32436 29928-01 30667-01 30669-01 32436-01 29928-02 30667-02 30669-02 32437 29928-03 30667-03 31053 32437-01 29929 30668 31053-01 32437-02 29929-01 30668-01 31053-02 32437-03 30088 30668-02 31053-03 34698 Harveston Ashville 1 31276 Harveston Ashville 11 32104 Harveston Condos 32169 32170 Zone No. 25 I Maximum Rate: $200.00 I Proposed Rate: $200.00 Tract Name: Tract Numbers: Zone No. 26 I Maximum Rate: $270.00 I Proposed Rate: $270.00 Tract Name: Tract Numbers: .. •Homes Zone No. 27 Tract Name: Maximum Rate: $70.00 Proposed Rate: $70.00 Tract Numbers: Avondale 1 26828 26828-01 26828-02 Zone No. 28 Maximum Rate: 00 Proposed Rate: $129.00 Tract Name: Tract Numbers: Wolf Creek 29798 29798-01 29798-02 29798-03 29798-04 29798-05 29798-06 29798-07 29798-08 29798-09 30264 30264-01 30264-02 30264-03 30264-04 30264-05 30264-06 30264-07 30264-08 30264-09 30264-10 30264-11 30264-12 30264-13 30264-14 30264-15 31898 33125 32319 33124 Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 13 Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges Zone No. 29 0) I Maximum Rate: $468.47 I Proposed Rate: $468.46 Tract Name: Tract Numbers: Gallery •. ,I FITI= (4) Beginning Fiscal Year 2006-2007, the base rate for Zone 29 was $315.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 29 the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. Zone No. 30 (1)(6) I Maximum Rate: $129.00 I Proposed Rate: $0.00 Tract Name: Tract Numbers: .. . . (5) The maximum rate for Zone 30 is $129.00. (6) Beginning Fiscal Year 2010-2011, Zone 30 elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024. Zone No. 31 (7)(1) I Maximum Rate: $38.66 I Proposed Rate: $0.00 Tract Name: Tract Numbers: Roripaugh Ranch (7) Beginning Fiscal Year 2006-2007, the base rate for Zone 31 was $26.00. Each year thereafter, beginning Fiscal Year 2007-2008 for Zone 31, the maximum rate as approved by the property owners is annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. (8) Zone 31 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024. Zone No. 32 (9)(10) I Maximum Rate: $884.26 I Proposed Rate: $0.00 Tract Name: Tract Numbers: Vineyard - (9) Beginning Fiscal Year 2008-2009, the base rate for Zone 32 was $640.00. Each year thereafter, beginning Fiscal Year 2009-2010 for Zone 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. For Fiscal Year 2023-2024 the adjustment is 5.00%, as the annual percentage increase in the CPI was 8.70%. (10) Zone 32 elected to have its perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024. Service Level R, Road Maintenance Service Level R provides funding for construction, improvement, service, and maintenance of unpaved public streets and roads within specific areas of the District. The services provided may include, but are not limited to, renovation or restoration due to damage, flood and drainage control, repairs and re -grading, and upgrades of the existing areas as required for unpaved roads. All parcels identified within Service Level R share in the cost of the services provided. The costs associated with the services are spread among all parcels within various areas ("rate levels") of Service Level R in accordance with the Rate and Method of Apportionment for the service level. Service Level R currently has one (1) active rate level, Rate Level R-1. The area for Rate Level R-2 has been fully paved and therefore an assessment is currently not required. Only the parcels within Rate Level R-1 boundary area will be charged for the costs associated with servicing and maintaining the roads and streets in the area. RATE LEVEL R-1— This rate level consists of fifty-five (55) assessable parcels that have direct access to roads or streets that are serviced and maintained through the District. This rate level provides funding for the servicing and maintenance of Kimberly Lane, Greenwood Lane, Liefer Road, Gatlin Road, and Pala Vista. A total of 1.546 miles of roads are serviced and maintained in this area. The current maximum rates and charges in R-1 are $115.26 per single-family residential lot and $57.62 per vacant residential lot. RATE LEVEL R-2 — This rate level consists of forty (40) assessable parcels that have direct access to Santiago Road. This area has been fully paved and no longer requires service under this District. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 14 Engineer's Annual Levy Report for Fiscal Year 2023-2024 3. District Services and Charges Refuse/Recycling Collection The Refuse/Recycling Collection Service Level provides for the operation and administration of the refuse collection program, including recycling services for all developed residential homes (or "Households") within the District. The rate and charge for Fiscal Year 2023-2024 Refuse/Recycling Collection is $356.24 per Household and will be applied to all parcels that have been identified as developed residential homes. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 15 Engineer's Annual Levy Report for Fiscal Year 2023-2024 4. Changes to the District Changes or modifications to the District structure, if any, could include but are not limited to, changes or expansion in the existing improvements or in the types of services provided, addition of new services or Service Levels, restructuring of the current Service Levels, inclusion of parcels into the District or Service Levels, or revisions to the method of apportionment. Changes or modifications within the District that may affect the levy are outlined in the following. Notable Previous Modifications to the District Two Service Levels Replaced with a Special Tax On March 4, 1997, the voters of Temecula approved a Special Tax to fund citywide community services. This Special Tax replaced two existing Service Levels, previously charged through the Community Services District. Beginning in Fiscal Year 1997-1998 the below two Service Levels were replaced by the Special Tax and are no longer charged through the District. • COMMUNITY SERVICES, PARKS, AND RECREATION — This service level provided for the maintenance, service, and operation of all public parks and recreation services within the City. • SERVICE LEVEL A, ARTERIAL STREET LIGHTING AND MEDIANS — This service level provided servicing, operation, and maintenance of traffic signals, street lighting, and landscaped medians along arterial streets. Service Level R As of Fiscal Year 2008-2009, the streets have been fully paved and there is no longer a need to assess for unpaved road maintenance (Rate level R-2). Proposed Modifications to the District for Fiscal Year 2023-2024 The most notable modification to the District for Fiscal Year 2023-2024 is related to the addition of improvements and expansion of existing services as a result of new development. When a new residential tract is developed, the District may accept additional improvements for maintenance and servicing. Along with acceptance of the improvements, the parcels within those tracts would be included in the appropriate Service Levels. The improvements and services for Service Levels B and C are typically tract or development specific and therefore, all parcels within a tract or development would be included in these two Service Levels when the District accepts the improvements. Additionally, individual residential parcels are included in the Refuse/Recycling Collection when a new single-family residential unit is identified, and service is ordered. Service Level B In Fiscal Year 2022-2023 the District conducted a successful Proposition 218 ballot proceeding and annexed 545 parcels into Service Level B. Service Level C The annual revenue collected for the majority of the Zones in Service Level C is not sufficient to cover the costs to maintain these zones. Due to the rising costs, the District has had to reduce services to the maintenance of the perimeter landscaping for these zones. In Fiscal Year 2019-2020 the District conducted a Proposition 218 ballot proceeding to increase the assessment rates for Zones 1, 4, 7, 10, 11, 14, 15, 17, 22 and 27. The majority of the ballots received were in opposition to the increased assessments in all zones, and the increase was therefore not applied. The assessment rates, for 27 of the 29 zones currently assessed in Service Level C, have not increased since the zones were established. Because the costs continue to increase and the assessments have stayed the same, the service will remain limited and may have to be reduced further due to limited annual funds. In Fiscal Year 2020-2021 the District terminated the flood channel easements in Zone 7 therefore eliminating the need for maintenance of said areas. This action resulted in the termination of the assessment for only the sixteen (16) parcels affected, effective Fiscal Year 2020-2021. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 16 Engineer's Annual Levy Report for Fiscal Year 2023-2024 4. Changes to the District In December of 2020, the District initiated a Request for Proposal (RFP) for the maintenance services of the landscape areas in Service Level C. The new maintenance contract that was awarded and approved by the Board resulted in a reduction in the budgeted maintenance cost for Fiscal Year 2021-2022. The new contract was effective July 1, 2021. There are no new inclusions to Service Level C (Perimeter Landscaping) proposed for the Fiscal Year 2023-2024. Service Level R There are no new inclusions to Service Level R (Road Maintenance) proposed for Fiscal Year 2023-2024. Refuse/Recycling Collection A total of 415 newly developed residential parcels have been identified and added to Refuse/Recycling Collection for Fiscal Year 2023-2024. These new residential parcels are identified each year and included in Refuse/Recycling Collection based upon the waste hauler's updated service records. The rate for Fiscal Year 2023-2024 for Refuse/Recycling Collection is $356.24 per residential parcel. For Fiscal Year 2022-2023, the rate for this service was $330.58. For more information, please refer to Section 2, Budgets and Levy Summary. The costs for the District represent actual service costs, as provided in the City's Franchise Agreement with CR&R Waste Services. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 17 Engineer's Annual Levy Report for Fiscal Year 2023-2024 5. Method of Apportionment Method of Apportionment The cost to provide services within the District will be fairly distributed among each eligible property. Service Level B (Residential Street Lighting): The following formula is used to calculate each property's Service Level B charges by the per parcel/unit (residential "lot/unit") method. Total Balance to Levy (Budgeted) _ (Total Residential Lots + Assigned Condominium Units) = Parcel Charge Service Level C (Perimeter Landscaping and Slopes); and Refuse/Recycling Collection: The following formula is used to calculate each property's charges by the per parcel (residential "lot") method. Total Balance to Levy (Budgeted) / Total Residential Lots (in Service Level) = Parcel Charge Service Level R (Roads): The charge per Levy Unit for Service Level R is based on a Parcel Development Unit (PDU), which is similar to a per parcel charge, but makes a distinction between developed and undeveloped parcels. Parcel Development Units = 1.0 for Developed Parcels Parcel Development Units = 0.5 for Undeveloped Parcels Total Balance to Levy / Total Parcel PDU (in Rate Level) = Parcel Charge The following tables reflect the levy calculations for each Service Level. Table 5-1 Parcel Charge Calculation Service Level B lit) Defined as Assigned Condominium Units in Service Level B for which the interior streetlights are privately maintained however, the Assigned Condominium Units benefit from perimeter or collector street lighting funded by Service Level B. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 18 Engineer's Annual Levy Report for Fiscal Year 2023-2024 5. Method of Apportionment Table 5-2 Parcel Charge Calculation Service Level C Residential Lot Zone No. 1 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 2 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 3 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 4 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 5 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 6 (12) 1.00 $131.24 $131.24 Per Parcel Residential Lot Zone No. 7 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 8 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 9 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 10 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 11 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 12 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 13 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 14 1.00 $89.00 $89.00 Per Parcel Residential Lot Zone No. 15 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 16 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 17 1.00 $46.00 $46.00 Per Parcel Residential Lot Zone No. 18 1.00 $70.00 $70.00 Per Parcel Residential Lot Zone No. 19 1.00 $225.00 $225.00 Per Parcel Residential Lot Zone No. 20 1.00 $175.00 $175.00 Per Parcel Residential Lot Zone No. 21 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 22 1.00 $116.00 $116.00 Per Parcel Residential Lot Zone No. 23 1.00 $20.00 $20.00 Per Parcel Residential Lot Zone No. 24 1.00 $100.00 $100.00 Per Parcel Residential Lot Zone No. 25 1.00 $200.00 $200.00 Per Parcel Residential Lot Zone No. 26 1.00 $270.00 $270.00 Per Parcel Residential Lot Zone No. 27 1.00 $70.00 $70.00 Per Parcel Residential Lot Zone No. 28 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 29 (12) 1.00 $468.46 $468.46 Per Parcel Residential Lot Zone No. 30 (13) 1.00 $129.00 $129.00 Per Parcel Residential Lot Zone No. 31 (12)(14) 1.00 $38.66 $38.66 Per Parcel Residential Lot Zone No. 32 (12)(14) 1.00 $884.26 $884.26 Per Parcel (12) Beginning Fiscal Year 2007-2008 for Zones 29 and 31 and beginning Fiscal Year 2009-10 for Zones 6 and 32, the maximum rates as approved by the property owners are annually adjustable by the lesser of the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario Area (formerly Los Angeles -Riverside -Orange County Area), for the previous calendar year, or 5.00%. (13) Beginning Fiscal Year 2010-2011, Zone 30 has elected to maintain its own perimeter landscaping under the existing Homeowner's Association ("HOA"). As a result, the Zone will not be levied under Service Level C for Fiscal Year 2023-2024. (14) Zones 31 and 32 Zone 31 elected to have the perimeter landscaping maintained by a Homeowner's Association ("HOA"). As a result, the Zones will not be levied under Service Level C for Fiscal Year 2023-2024. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 19 Engineer's Annual Levy Report for Fiscal Year 2023-2024 5. Method of Apportionment Table 5-3 Parcel Charge Calculation Service Level R Single Family Residential Lot R-1 Vacant Residential Lot R-1 Table 5-4 Parcel Charge Calculation RE 1.00 $115.26 0.50 $115.26 Collection (is) Developed residential parcels identified by CR&R for which refuse collections are available. $115.26 Per Parcel $57.62 Per Parcel Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 20 Engineer's Annual Levy Report for Fiscal Year 2023-2024 6. Tax Roll Parcel identification for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. Temecula Services District (Service Level B, C, R and Refuse/Recycling Collection) 21 Engineer's Annual Levy Report for Fiscal Year 2023-2024 APPENDIX A Tax Roll Webb MUNICIPAL FINANCE Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: May 23, 2023 SUBJECT: Approve Disposition and Development Agreement Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Habitat for Humanity Inland Valley, Inc., Located Adjacent to the Current Habitat for Humanity Project on Pujol Street (APNs 922-062-016 and 922-062-010) PREPARED BY: Haide Urias, Housing and Real Estate Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY INLAND VALLEY, INC., AND FINDING THAT THE APPROVAL OF THIS AGREEMENT AND THE PROJECT ARE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF THE STATE CEQA GUIDELINES BACKGROUND: The City of Temecula, as the Housing Successor to the former Redevelopment Agency, is the owner of vacant property located at APNs 922-062-016 and 922-062-010. The property is approximately 0.46 acres in size, located within the Old Town Specific Plan and is zoned Neighborhood Residential (NR). Under the proposed project, the City would be selling the land to the developer, Habitat for Humanity Inland Valley, Inc., a California nonprofit public benefit corporation, for the development of an affordable housing project through a purchase money loan. The property is located adjacent to an existing five -unit affordable single- family development completed by the developer in 2008. Habitat for Humanity has proposed to develop six residential units of which five homes will be available to very -low-income households, and one home will be available to a low-income household. The homes will remain income restricted for a term of forty-five (45) years. This development is to provide needed housing in the City and will assist in meeting its Regional Housing Needs Assessment (RHNA) allocations for people of all income levels. The development of six residential affordable homes on the Property complies with Government Code Section 37364; and because the proposed housing development will meet the requirements of Government Code Section 37364, City Council declared the Property to be exempt surplus land pursuant to Government Code Section 542221(f)(1)(A) on November 15th, 2022, through Resolution No. 2022-86. Disposition and Development Agreement The proposed project is located on two parcels, which are currently owned by the City. To facilitate the development of the Project, the Developer and the City propose to enter into a Disposition and Development Agreement (DDA) to establish the terms and conditions surrounding the development of the project. Affordability The project consists of six (6) single-family homes, built within two (2) triplex buildings, consisting of two stories. Each unit includes three (3) bedrooms and two and one-half (2.5) bathrooms, averaging 1,255 square feet of gross living space and a two -car garage with two (2) vehicle driveways. Each building is to be on a separate legal subdivided lot. Five (5) homes will be available to very low-income households that earn 50% of the area median income and one home will be available to a low-income household that earns 80% of area median income. City Financial Contribution The financing of the Habitat for Humanity development project involves the following: • County of Riverside Loan of $1,313,417 • Habitat for Humanity Grants/Donations of $114,000 • City Purchase Money Loan for the value of the land of $561,000 • City Construction Loan of $700,000 The DDA proposes that the City contribute a total of $1,261,000 toward the project in the form of a secured promissory note. The portion of the loan consisting of the purchase price for the property described in the DDA of $561,000 is a purchase money loan, which the City has determined is the fair market value of the land based on a recent appraisal. The remainder of the loan, totaling $700,000, is a construction loan and shall be disbursed by the City on a monthly basis for construction costs subject to the terms and condition in the DDA. In accordance with Section 33433 of the California Community Redevelopment Law, a Summary Report was prepared by Keyser Marston Associates (KMA) to inform the City and the public about the proposed DDA. The Summary Report, which can be found as an attachment to this Agenda Report, describes: • Costs incurred by the City under the DDA • Estimated value of interest to be conveyed by the City to the Developer • Compensation to be paid to the City of Temecula • Explanation of why the conveyance of the Property assists in the elimination of blight ENVIRONMENTAL DETERMINATION: The approval of this Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in - fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Director of Community Development of the City is directed and authorized to file a Notice of Exemption of this action and such other documents as required by CEQA and the CEQA Guidelines. FISCAL IMPACT: As outlined in the body of this report, the City will contribute a total of $1,261,000 toward the Project. The financial contribution includes: • City Purchase Money Loan of $561,000 • City Construction Loan of $700,000 ATTACHMENTS: 1. Resolution 2. Disposition and Development Agreement 3. Notice of Affordability Restriction on Transfer of Property 4. Summary 33433 Report — April 2023 5. Notice of Public Hearing RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY AND HABITAT FOR HUMANITY INLAND VALLEY, INC., AND FINDING THAT THE APPROVAL OF THIS AGREEMENT AND THE PROJECT ARE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTIONS 15326 AND 15332 OF THE STATE CEQA GUIDELINES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: (a) The Redevelopment Agency of the City of Temecula (the "Former Agency") was a duly constituted redevelopment agency pursuant to provisions of the Community Redevelopment Law set forth in Section 33000 et seq. of the Health and Safety Code of the State of California (the "Redevelopment Law"). (b) Under the Redevelopment Law, the Former Agency was authorized, among other things, to provide assistance to the development of affordable housing projects. (c) Pursuant to AB X1 26 (which became effective in June 2011), and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th 231 (2011), the Former Agency was dissolved as of February 1, 2012, and the Successor Agency to the Temecula Redevelopment Agency (the "Successor Agency") was constituted as the successor entity to the Former Agency. (d) Pursuant to Health and Safety Code Section 34175(b), all assets of the Former Agency, including its low income housing set aside funds, transferred to the Successor Agency by operation of law; provided, that pursuant to Health and Safety Code Section 34176 and Resolution No. 12-11, adopted by the City Council on January 24, 2012, the City elected to assume the housing functions of the Former Agency (in such capacity, the "Housing Successor"). In adopting this Resolution, the City Council is acting in its capacity as the Housing Successor to the former Temecula Redevelopment Agency and the City Council of the City of Temecula. (e) The City is therefore authorized to manage remaining assets of the Former Agency and expend remaining Former Agency funds designated for the development of housing affordable for persons of low and moderate income in accordance with State law. (f) On November 15, 2022, the City Council adopted Resolution No. 2022-86, declaring a 0.46-acre City -owned parcel located at 28725 and 28731 Pujol Street in the City of Temecula located west of Pujol Street and northerly of 1st Street in the City of Temecula, APN: 922-062-016 and APN: 922-062-010 ("Property") to be exempt surplus land pursuant to Government Code sections 54221(b)(1) and 54221(f)(1)(A). (g) Habitat for Humanity, Inc. ("Developer") proposes to construct six (6) attached residential units ("Homes") on the Property. The six units planned for the Property will average 1,255 square feet (SF) with attached private garages ("Project"). The Property is located adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008. (h) The proposed Disposition and Development Agreement ("Agreement") to be approved by this Resolution provides generally that: (1) The City will convey fee simple interest in the Property to the Developer; (2) the Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan); 3) The City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan); and 4) the Developer will construct six (6) residential units comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household, as defined in Section 50093 of the California Health and Safety Code, in accordance with applicable laws and ordinances. (i) The Agreement is also intended to effectuate the objectives of the City in complying with its obligation to assist in providing low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. 0) The development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. (k) Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement. The report specifically contains the information required by Section 33433 has been prepared within the time limit set forth therein and, along with the proposed Agreement, were made available for public review as of the date of the first publication of the notice of public hearing. (1) The conveyance of the property as proposed by the Disposition and Development Agreement is at less than fair market value based on the Agency's real estate analysis. Therefore, the City Council specifically finds in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Property; and (2) said difference is necessary to effectuate the provisions of the Housing Element, the Former Agency's Housing Obligations, and the Old Town Specific Plan and to allow development and housing opportunities to come to the City and increase employment opportunities within the City. (m) The development of the Project as required by the Agreement will assist in the elimination of blight in the area in that development of Project as it will: (1) encourage and provide for development of vacant properties in accordance with the Housing Element and the Old Town Specific Plan; and (2) preserve, improve, and expand housing opportunities for low income residents. (n) The development of the Project as provided in the Agreement and consistent with the City's General Plan, and each element thereof, including without limitation, the Housing Element, and the Old Town Specific Plan. (o) The City is specifically authorized by Health & Safety Code Sections 33430, 33431 and 33433, and other applicable law, to enter into the Disposition and Development Agreement. (p) The City Council has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. (q) This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. (r) Pursuant to the provisions of Health & Safety Code Sections 33430, 33431 and 33433, on May 23, 2023, the City duly noticed and held a public hearing before the City Council of the City of Temecula concerning the approval of the proposed Disposition and Development Agreement with Developer. The City Council considered all written and oral comments made at the public hearing. Section 2. The City Council hereby further finds, determines and declares that: (a) Health and Safety Code Section 33334.2, et seq. authorizes and directs the City, as the City, as the Housing Successor Agency, to expend remaining housing set -aside funds of the Former Agency for the purposes of increasing, improving and preserving the community's supply of housing available at affordable housing costs to persons and families of low to moderate income, including lower income and very low income households. (b) Pursuant to Health and Safety Code Section 33334.2(e), in carrying out its affordable housing activities, the City is authorized to provide subsidies to or for the benefit of very low and lower income households, or persons and families of low or moderate income to the extent those households cannot obtain housing at affordable costs on the open market. (c) Developer proposes, with the assistance of the City, to develop the Project and upon completion to make available for the longest feasible period of time all of the housing units in the Project at affordable rents to low and very low income households as defined in Health and Safety Code Section 50093. (d) The expenditures from the Former Agency's Housing Fund as contemplated by the Agreement will directly and specifically increase, improve, and preserve the community's supply of low and moderate income housing within the meaning of Health and Safety Code Section 3 33334.2 and will be of benefit to the City by providing new housing which restricted so as to be affordable for occupancy by very low income, lower income and median income households. (e) The California Legislature declares in Health and Safety Code Section 37000, et seq., that new forms of cooperation with the private sector, such as leased housing, disposition of real property acquired through redevelopment, development approvals, and other forms of housing assistance may involve close participation with the private sector in meeting housing needs, without amounting to development, construction or acquisition of low rent housing projects as contemplated under Article XXXIV of the State Constitution and that the Agreement approved hereby is not subject to the provisions of said Article XXXIV. Section 3. The City Council hereby finds and determines that the lien of the covenants required pursuant to the Agreement may be subordinated to financing for the Project because an economically feasible alternative method of financing the Project on substantially comparable terms and conditions, but without subordination, is not reasonably available. Section 4. While the City Council determines that participation in the feasibility analysis, financing, and development of the Project does not constitute development, construction or acquisition of a low -rent housing project within the meaning of Article XXXIV of the State Constitution, this Resolution is hereby deemed to constitute approval within the meaning of Health and Safety Code Section 37001.5 of a proposal which may result in housing assistance benefiting persons of low income. Section 5. The approval of this Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in -fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). The Director of Community Development of the City is directed and authorized to file a Notice of Exemption of this action and such other documents as required by CEQA and the CEQA Guidelines. Section 6. The City Council hereby approves that certain agreement entitled "Disposition and Development Agreement by and Between Temecula Redevelopment Agency and Habitat for Humanity Inland Valley, Inc." with such changes in the Agreement as may be mutually agreed upon by the Developer and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Agreement when executed by the Developer and Mayor shall be placed on file in the Office of the Secretary of the Agency. Section 7. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents, including, but not limited to the promissory notes, deeds of trust, regulatory agreements, subordination agreements, grant deeds, approval of title reports, escrow instructions, certificates of completion, and such other implementing agreements and documents as contemplated or described in the Agreement. Section 8. The City Clerk shall certify the adoption of this Resolution, which shall take effect upon adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, City Clerk [SEAL] 5 Zak Schwank, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk DISPOSITION AND DEVELOPMENT AGREEMENT by and between the CITY OF TEMECULA and HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation 11086-0001 \2783528v4.doe TABLE OF CONTENTS Page 1. DEFINITIONS..................................................................................................................I 1.1 Definitions.............................................................................................................1 2. CONVEYANCE OF THE PROPERTY; CITY LOANS ................................................. 5 2.1 Conveyance of Property; Purchase Price.............................................................. 5 2.2 City Purchase Money Loan; City Construction Loan and Disbursements; City Loans to Buyers of Affordable Units; Sale/Loan Proceeds to Habitat from Buyers......................................................... 5 2.3 Opening and Closing of Escrow........................................................................... 6 2.4 Condition of Title; Title Insurance....................................................................... 6 2.5 CITY Conditions to Close of Escrow; Letter of Credit from Developer as Alternative Remedy to Foreclosure for Purchase MoneyLoan.......................................................................................................... 7 2.6 Developer Conditions to Close of Escrow............................................................9 2.7 Costs; Escrow Holder Settlement Statement........................................................ 9 2.8 Condition of the Property....................................................................................10 2.9 Deposits into Escrow..........................................................................................13 2.10 Authorization to Record Documents and Disburse Funds.................................14 2.11 Escrow's Closing Actions...................................................................................15 3. DEVELOPMENT COVENANTS..................................................................................15 3.1 Development of the Project; Reports..................................................................15 3.2 CITY's Right to Review Plans and Specifications.............................................16 3.3 Costs of Entitlement, Development and Construction; Prevailing Wages..................................................................................................................16 3.4 Rights of Access and Inspection.........................................................................16 3.5 Local, State and Federal Laws............................................................................16 3.6 Governmental Permits and Approvals................................................................16 -1- 11086-0001 \2783528v4.doe TABLE OF CONTENTS (cont.) Page 3.7 No Discrimination During Construction.............................................................16 3.8 Taxes, Assessments, Encumbrances and Liens..................................................16 3.9 No Agency Created.............................................................................................16 3.10 Certificate of Completion...................................................................................17 4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS ............................17 4.1 Restrictions on Transfer of Developer's Rights and Obligations .......................17 4.2 Right of CITY to Satisfy Other Liens.................................................................17 5. DEFAULT, REMEDIES AND TERMINATION..........................................................17 5.1 Defaults...............................................................................................................17 5.2 Remedies.............................................................................................................18 5.3 No Personal Liability..........................................................................................19 5.4 Rights and Remedies are Cumulative.................................................................19 5.5 Inaction Not a Waiver of Default........................................................................19 5.6 Force Majeure.....................................................................................................19 6. INSURANCE; INDEMNITY.........................................................................................20 6.1 Insurance............................................................................................................. 20 6.2 Indemnity............................................................................................................ 21 7. REPRESENTATIONS AND WARRANTIES...............................................................22 7.1 Developer Representations.................................................................................22 7.2 CITY Representation..........................................................................................22 8. GENERAL PROVISIONS.............................................................................................22 8.1 Notices................................................................................................................ 22 8.2 Construction........................................................................................................23 8.3 Interpretation....................................................................................................... 23 -ii- 11086-0001 \2783528v4.doc TABLE OF CONTENTS (cont.) Page 8.4 Time of the Essence............................................................................................23 8.5 Warranty Against Payment of Consideration for Agreement .............................23 8.6 Attorneys' Fees................................................................................................... 23 8.7 Entire Agreement................................................................................................ 23 8.8 Severability.........................................................................................................24 8.9 No Third -Party Beneficiaries.............................................................................. 24 8.10 Governing Law; Jurisdiction; Service of Process ............................................... 24 8.11 Survival...............................................................................................................24 8.12 CITY Actions......................................................................................................24 8.13 Counterparts........................................................................................................ 24 TABLE OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF LAND EXHIBIT `B" FORM OF GRANT DEED EXHIBIT "C" SCHEDULE OF PERFORMANCE EXHIBIT "D" SCOPE OF DEVELOPMENT EXHIBIT "E" FORM OF HABITAT REGULATORY AGREEMENT EXHIBIT "F" FORM OF CERTIFICATE OF COMPLETION EXHIBIT "G" FORM OF HABITAT PROMISSORY NOTE EXHIBIT "H" FORM OF HABITAT DEED OF TRUST EXHIBIT "I" FORM OF BUYER PROMISSORY NOTE EXHIBIT "J" FORM OF BUYER DEED OF TRUST EXHIBIT "K" FORM OF BUYER REGULATORY AGREEMENT EXHIBIT "L" FORM OF COUNTY SUBORDINATION AGREEMENT -iii- 11086-0001 \2783528v4.doc DISPOSITION AND DEVELOPMENT AND AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENT (the "Agreement") is dated as of , 2023 and is entered into by and between the CITY OF TEMECULA (the "CITY"), and HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Developer"). RECITALS A. City believes it owns the land described on Exhibit "A" (the "Property") B. Developer desires to acquire the Property from City for the purpose of developing six (6) homes (each, a "Home") on the Property. A material inducement to the City to enter into this Agreement is the agreement by Developer to develop the Project as provided herein, and not sell, lease or otherwise convey all or any portion of or interest in a Home until the applicable Home is complete. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained in this Agreement, the parties hereto agree as follows: 1. DEFINITIONS. 1.1 Definitions. The following capitalized terms used in this Agreement shall have the meanings set forth below: (a) "Affordable Unit" means one of the homes being constructed by Developer as part of the Project. (b) "Agreement" means this Disposition and Development Agreement. (c) "Building Permit" means, collectively, any and all permits necessary to construct the Project that would be issued by the City. (d) 'Buyer" means a qualified Low Income or Very Low Income homebuyer under the Buyer Regulatory Agreement and the County Regulatory Agreement. (e) "Buyer Deed of Trust" means a deed of trust in favor of City in the form attached hereto as Exhibit "J". (f) "Buyer Promissory Note" means a promissory note in favor of City in the form attached hereto as Exhibit "I". (g) "Buyer Regulatory Agreement" means; (i) a regulatory agreement among Developer, City and the first buyer of each Affordable Unit and (ii) a separate regulatory agreement among Developer, City and 1 11086-0001 \2783528v4.doc each subsequent buyer during the period from the first sale of the applicable Affordable Unit until the date that is forty-five (45) years thereafter, each in the form attached hereto as Exhibit "K" (which must be senior to all deeds of trust, as it functions as both a low/mod set aside funds regulatory agreement, and also as a density bonus agreement). (h) "Certificate of Completion" means the certificate described in Section 3.10, in the form attached hereto as Exhibit "F". (i) "City/Habitat Loan" or "City Loan" shall mean a loan from City for the Project consisting of a purchase -money loan in the amount of the Purchase Price ($561,000.00) and a $700,000 construction loan, both initially evidenced by the Habitat Note and secured by the Habitat Deed of Trust. (j) "City/Buyer Loan" shall mean a loan which will, upon the sale of an Affordable Unit to each initial buyer thereof, be deemed to have been made by City to such Buyer and which will be evidenced by a Buyer Note and Secured by a Buyer Deed of Trust on the applicable Affordable Unit (and said Buyer Deed of Trust shall run with the land to bind each subsequent owner of the applicable Affordable Unit). Each City/Buyer Loan shall be in the amount of $210,166.66 (which is one sixth of the City/Habitat Loan amount). (k) "Close of Escrow" is defined in Section 2.2. (1) "Default" is defined in Section 5.1. (m) "Disapproved Title Exceptions" is defined in Section 2.3.1. (n) "Escrow" is defined in Section 2.2. (o) "Escrow Holder" means First American Title Insurance Company. (p) "City Manager" means the City Manager of CITY or their designee. (q) "CITY" or "City" means the City of Temecula. (r) "County Loan" shall mean a construction loan in the amount of $1,313,417 to be made by the County of Riverside to Developer and secured by the Project, which is to be disbursed prior to disbursement of the City's construction loan to Developer, and will be secured by a deed of trust that is subordinate to the Habitat Deed of Trust in favor of CITY securing the City/Habitat Loan. (s) "County Regulatory Agreement" shall mean a regulatory agreement recorded against the Project at the Close of Escrow in favor of the 2 11086-0001 \2783528v4.doc County of Riverside, which will be and remain senior to the Habitat Deed of Trust in favor of CITY securing the City/Habitat Loan and all deeds of trust securing City/Buyer Loans. (t) "County Deed of Trust" shall mean that certain deed of trust by Developer in favor of the County of Riverside securing the County Loan. (u) "Force Majeure Delay" is defined in Section 5.7. (v) "Grant Deed" is defined in Section 2.3.2. (w) "Habitat Deed of Trust" means a deed of trust by Developer in favor of CITY in the form attached hereto as Exhibit "H". (x) "Habitat Promissory Note" means a promissory note by Developer in favor of City in the form attached hereto as Exhibit "G". (y) Habitat Regulatory Agreement" means a regulatory agreement between Developer and City in the form attached hereto as Exhibit "E„ (z) "Hazardous Materials" means any chemical, material or substance now or hereafter defined as or included in the definition of hazardous substances, hazardous wastes, hazardous materials, extremely hazardous waste, restricted hazardous waste, toxic substances, pollutant or contaminant, imminently hazardous chemical substance or mixture, hazardous air pollutant, toxic pollutant, or words of similar import under any local, state or federal law or under the regulations adopted or publications promulgated pursuant thereto applicable to the Land, including, without limitation: the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, as amended, 49 U.S.C. 1801, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901, et seq. ("RCRA") The term Hazardous Materials shall also include any of the following: any and all toxic or hazardous substances, materials or wastes listed in the United States Department of Transportation Table (49 CFR 172.101) or by the Environmental Protection CITY as hazardous substances (40 CFR. Part 302) and in any and all amendments thereto in effect as of the Close of Escrow Date; oil, petroleum, petroleum products (including, without limitation, crude oil or any fraction thereof), natural gas, natural gas liquids, liquefied natural gas or synthetic gas usable for fuel, not otherwise designated as a hazardous substance under CERCLA; any substance which is 3 11086-0001 \2783528v4.doc toxic, explosive, corrosive, reactive, flammable, infectious or radioactive (including any source, special nuclear or by product material as defined at 42 U.S.C. 2011, et seq.), carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority; asbestos in any form; urea formaldehyde foam insulation; transformers or other equipment which contain dielectric fluid containing levels of polychlorinated byphenyls; radon gas; or any other chemical, material or substance (i) which poses a hazard to the Land, to adjacent properties, or to persons on or about the Land, (ii) which causes the Land to be in violation of any of the aforementioned laws or regulations, or (iii) the presence of which on or in the Land requires investigation, reporting or remediation under any such laws or regulations. (aa) "Improvements" means all buildings, landscaping, infrastructure, utilities, and other improvements to be built on the Land, as described in the Scope of Development. (bb) "Land" means the land described on Exhibit "A" attached hereto. (cc) "Party" means any party to this Agreement, and "Parties" means all parties to this Agreement. (dd) "Permitted Exceptions" is defined in Section 2.3.2. (ee) "Plans and Specifications" means all drawings, landscaping and grading plans, engineering drawings, final construction drawings, and any other plans or specifications for construction of the Project. (ff) "Project" means the Land and Improvements. (gg) "Project Budget" is defined in Section 2.4.1. (hh) "Purchase Price" is defined in Section 2.1. (ii) "Released Parties" is defined in Section 2.7.3 0j) "Schedule of Performance" means the schedule attached hereto as Exhibit "C". (kk) "Scope of Development" means the description attached hereto as Exhibit "D" (11) "Subordination Agreement" means a subordination agreement in the form attached hereto as Exhibit "L" by which County will subordinate the deed of trust securing the County Loan to the Habitat Deed of Trust securing the City/Buyer Loan, at the closing of the conveyance/sale of the Land by City to Developer. 4 11086-0001 \2783528v4.doe (mm) "Title Company" shall mean the Escrow Holder (i.e., the Title Company and the Escrow Holder are the same). (nn) "Total Project Costs" means all hard and soft costs of the construction of the Project, including land costs and carry costs, as set forth in the Project Budget. (oo) "Transfer" is defined in Section 4.1. (pp) "Withholding Affidavit" is defined in Section 2.8.1.2. 2. CONVEYANCE OF THE PROPERTY; CITY LOANS, 2.1 Conveyance of Property, Purchase Price. In accordance with and subject to the terms and conditions hereinafter set forth, the CITY agrees to convey the Land to Developer, and Developer agrees to acquire the Land from the CITY. The purchase price for the Land shall be $561,000.00, which CITY has determined is the fair market value of the Land based on a recent appraisal, and which will be loaned to Developer by City in accordance with Section 2.2 below. 2.2 City Purchase Money Loan; City Construction Loan and Disbursements; CitX Loans to Buyers of Affordable Units, Sale/Loan Proceeds to Habitat from Bum. Upon the Close of Escrow, the City shall make a forgivable purchase money loan of the Purchase Price to Developer on the terms set forth in the Habitat Note, which shall be secured by the Habitat Deed of Trust. (Upon the Close of Escrow, said loan in the amount of the Purchase Price shall be deemed to be outstanding under the Habitat Note in favor of City.) Upon the Close of Escrow, the City shall also make to Developer a forgivable construction loan or conditional grant in the amount of $700,000 evidenced by and on the terms set forth in the Habitat Note, secured by the Habitat Deed of Trust. Said purchase money loan and construction loan are sometimes collectively referred to herein as the "City Loan" and both are to be evidenced by the Habitat Note and secured by the Habitat Deed of Trust. Upon sales of the Affordable Units by Developer in accordance with the Habitat Regulatory Agreement, the Habitat Note shall be replaced by Buyer Promissory Notes in favor of City (and the Habitat Note reduced by 1/6 and the Habitat Deed of Trust shall be partially reconveyed upon sale of the Affordable Unit). Such Buyer Promissory Notes shall be forgiven if no default occurs under the applicable Buyer Regulatory Agreement for forty-five (45) years after the applicable Affordable Unit is sold by Developer in accordance with the Habitat Regulatory Agreement. After the Close of Escrow, and after all loan proceeds from the County Loan shall have been disbursed and applied to Project costs as shown by reasonable evidence provided to City, and Developer has provided reasonable evidence to City that all equity funds required to complete the Project are committed to the Project and controlled by Developer, then City will disburse proceeds of such City construction loan from time to time, but no more often than monthly, to (or as directed in writing by) Developer to pay costs of the Project, subject to the above condition, and other typical construction disbursement conditions and procedures, including receipt of reasonable evidence that all equity funds shall have been expended (or deposit of cash 5 11086-0001 \2783528v4.doc with City in an amount equal to any unexpended equity funds, and Developer hereby grants a security interest to City in such funds as additional collateral for the City Loan), reasonable evidence of the costs and a written draw request; that Developer not be in default under this DDA, the Habitat Note or the Habitat Deed of Trust; and that the remaining undisbursed loan funds together with any such cash collateral described above are sufficient to complete the Project. As described above, upon the Developer's sale of an Affordable Unit under the Habitat Regulatory Agreement, City will reconvey the Habitat Deed of Trust with respect to that Affordable Unit, and shall be deemed to have made a loan to the buyer in the amount of $210,166.66, which shall be evidenced by the delivery to City of a Buyer Note from the applicable buyer, and recording of the Buyer Regulatory Agreement and Buyer Deed of Trust against the Affordable Unit at the close of escrow for the sale of that Affordable Unit. The deed of trust securing the County Loan shall be subordinated to the Deed of Trust securing the City/Habitat Loan and the Habitat Regulatory Agreement by the Subordination Agreement, which shall be recorded at the Close of Escrow. Said County deed of trust shall be reconveyed from each parcel of land sold to a Buyer in accordance with the Habitat Regulatory Agreement and County Regulatory Agreement, and in effect "replaced" with two deeds of trust and promissory notes from Buyer and in favor of Developer, which shall be recorded prior to the Buyer Deed of Trust executed by the Buyer in favor of the City, but after the Buyer Regulatory Agreement executed by such Buyer in favor of City. Such regulatory agreements executed by each buyer in favor of City will be consideration for the City's approval (after the closing) of a density bonus in favor of Developer, and consequently, such regulatory agreements executed by buyers may not be subordinated to any deeds of trust. All sales and loan proceeds received by Developer or any affiliate of Developer from any buyer or owner of an Affordable Unit shall be used by Developer for the purpose of developing affordable housing units in the City of Temecula, and the foregoing shall survive the Close of Escrow and be included in the Grant Deed as a covenant running with the land. 2.3 Opening and Closing of Escrow. The CITY and the Developer shall cause an escrow (the "Escrow") to be opened with Escrow Holder for the conveyance of the Land by the CITY to Developer. The Parties shall deposit with Escrow Holder a fully executed duplicate original of this Agreement as the escrow instructions for the Escrow. The CITY and Developer shall provide such additional instructions as shall be necessary and consistent with this Agreement. Provided that each of the conditions to closing described in Sections 2.4 and 2.5 have been satisfied, Escrow shall close (the "Close of Escrow") no later than Friday, July 28, 2023. If the Close of Escrow does not occur by such date, any party not then in default may terminate this Agreement by written notice to the other and all the funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing party, except that all escrow and title cancellation fees shall be paid by Developer. 2.4 Condition of Title; Title Insurance. (a) Title Report/Exceptions. Developer hereby approves that certain preliminary report for the Property (the "PTR") issued by the Title Company and all title exceptions therein, except that City shall 6 11086-0001 \2783528v4.doe provide evidence to the Title Company that the City is the successor to the housing assets of the former Temecula Redevelopment Agency and is the owner of the Property. (b) At the Close of Escrow, the CITY shall convey title to the Property to Developer by grant deed in the form attached hereto as Exhibit "B" (the "Grant Deed"). Title to the Property shall be conveyed subject to: (i) non -delinquent current real property taxes and assessments not yet due for the tax year during which the conveyance occurs, (ii) the title exceptions in the PTR; (iii) the Habitat Deed of Trust, the deed of trust securing the County Loan, the County Regulatory Agreement, the Habitat Regulatory Agreement, and the Subordination Agreement, and (iv) the terms of this Agreement (collectively, the "Permitted Exceptions"). After the date of the PTR, CITY shall not further encumber the Property without Developer's prior written consent. 2.5 CITY Conditions to Close of Escrow; Letter of Credit from Developer as Alternative Expedited Means of Pang Purchase Money Loan. The obligation of the CITY to close Escrow shall be subject to the satisfaction (or express written waiver by the City Manager) of each of the following conditions (collectively, the "CITY Conditions"): (a) Developer shall have submitted to the City Manager, and the City Manager shall have approved, a project budget (the "Project Budget"), together with a copy of all documents relating to the County Loan and all other commitments and documents obtained by Developer for any other construction and permanent financing, and evidence in a form satisfactory to the CITY demonstrating that the Developer has sufficient additional capital funds (i.e., "equity") available and is committing such funds to cover the difference, if any, between the then -projected costs of development of the Project and the funds available from loans to the Developer for the Project. (b) The CITY shall have received evidence acceptable to the City Manager that the construction -related insurance required by Section 6.1 of this Agreement shall be in effect. (c) To the extent necessary, the County Loan documents shall have been amended to be consistent with this Agreement (as shown by amendments delivered to City), and the County Loan and all other financing/loans needed for payment of all of the costs of the Project that exceed committed equity funds of Developer for the Project plus the City Loan amount shall close concurrently with the Close of Escrow, and City shall have received copies of all loan/financing documents, a final schedule of sources and uses of funds, a comprehensive Project Budget, and reasonable evidence of the committed Developer equity funds available for the Project 7 11086-0001 \2783528v4.doc 2.5.4 Developer shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow. 2.5.5 Developer shall have delivered to City, through Escrow at the close of Escrow, a letter of credit from an issuer, and in form and substance, acceptable to City in the amount of $561,000, which shall be drawable by City in full upon any default of Developer under the City Loan, including failure to timely comply with the Developer's post -closing obligations described in the following paragraphs. If the Developer's post -closing obligations described below are timely satisfied, City shall return such letter of credit to Developer; however, if such obligations are not timely satisfied, the purchase money portion of the City Loan shall become due and payable and City may draw on the letter of credit in full and apply the sums so drawn to such purchase money portion of the City Loan, all in its sole and absolute discretion (and Developer hereby waives the implied covenant of good faith and fair dealing in connection therewith, and in connection with the conditions (i) through (iii) set forth in the following paragraph). Developer expressly stipulates and agrees that the foregoing agreements and following obligations are fair and reasonable. The Developer's post -closing obligations referred to above are to accomplish all of the following by the date that is eighteen (18) calendar months after the date of this DDA (as may be extended by the City Manager in writing in his or her sole and absolute discretion, but without any obligation to act in "good faith", the implied covenant of good faith and fair dealing being hereby waived by Developer in that regard): (i) cause the Property to be subdivided to the extent legally necessary for Developer to sell each of the six (6) bedroom townhomes that comprise the Project; (ii) qualify for and obtain density bonus concessions to zoning requirements from the City so that the Project can be completed as contemplated by this DDA (in consideration for the obligation for buyers to execute regulatory agreements in favor of City restricting their units that will not be subordinated to any deeds of trust); (iii) qualify for and obtain (and pay all fees in connection with) all governmental permits and approvals necessary for the construction and completion of the Project. Developer acknowledges and agrees that satisfaction of such obligations are being made a post -closing requirement at the insistence of Developer; that they would typically be conditions to the conveyance of the Land by City to Developer, and NOT post- 8 11086-0001 \2783528v4.doc closing covenants; and that the letter of credit described above and Developer's post -closing obligations and covenant herein are material consideration relied upon by City in agreeing to make such conditions into post -closing conditions while nevertheless also making its purchase money loan to Developer and conveying the Land to Developer. 2.6 Developer Conditions to Close of Escrow. The obligations of the Developer to close escrow shall be subject to the satisfaction (or waiver by Developer) of the following conditions (the "Developer Conditions"): (a) There shall have been no change to the physical condition of the Property and no new title exceptions after the date of the PTR that, in either case, would materially and adversely affect the development, use or operation of the Project. (b) The representation of the CITY contained in Section 7.2 of this Agreement being true and correct. (c) The delivery by CITY of all documents and funds required to be delivered pursuant to Section 2.8 hereof. (d) The Title Company shall have committed to issue at the Close of Escrow an owner's title insurance policy, with any extended coverage and endorsements requested by Developer, showing fee simple title to the Land vested in Developer, subject only to the Permitted Exceptions. (e) CITY shall have performed, observed and complied with all covenants, agreements and conditions required by this Agreement to be performed, observed and complied with on its part prior to or as of the Close of Escrow. (g) The County Loan and the City Loan shall close concurrently with the Close of Escrow 2.7 Costs; Escrow Holder Settlement Statement. (a) Developer shall be solely responsible for all costs and expenses related to any Survey, and any title insurance endorsements (other than those obtained by CITY to "insure -over" a title exception), and fifty percent (50%) of the Escrow fees. CITY shall be responsible for the costs of CLTA standard owner's title insurance. (b) Escrow Holder is authorized on the Close of Escrow to pay and charge the Developer and City for any fees, charges and costs payable under Section 2.7.1 as set forth on the settlement statements approved by the Parties. Before such payments are made, Escrow 9 11086-0001 \2783528v4.doc Holder shall notify the CITY and Developer of the fees, charges, and costs necessary to close under the Escrow, by delivering draft settlement statements to the Parties for their mutual approval. 2.8 Condition of the Property. (a) "As -Is" Sale. Developer acknowledges and agrees that, except as expressly set forth herein, Developer is acquiring the Land in its "AS IS" condition, WITH ALL FAULTS, IF ANY, AND, EXCEPT AS EXPRESSLY SET FORTH HEREIN, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED and neither CITY nor any agents, representatives, officers, or employees of CITY have made any representations or warranties, direct or indirect, oral or written, express or implied, to Developer or any agents, representatives, or employees of Developer with respect to the condition of the Property, its fitness for any particular purpose, or its compliance with any laws, and Developer is not aware of and does not rely upon any such representation to any other party. Except as expressly set forth herein, neither CITY nor any of its representatives is making or shall be deemed to have made any express or implied representation or warranty, of any kind or nature, as to (a) the physical, legal or financial status of the Property, (b) the Property's compliance with applicable laws, (c) the accuracy or completeness of any information or data provided or to be provided by CITY, or (d) any other matter relating to the Property. (b) Delivery of Material Due Diligence Documents by CITY; Inspections by Developer; Due Diligence Period. Within ten (10) business days after the date of this Agreement, CITY shall deliver to Developer copies of all material, non -privileged documents in the possession of CITY that pertain to the Property (the "Documents"). Upon the execution of this Agreement until the date that is ninety (90) days after the date of this Agreement (the "Due Diligence Period"), Developer and its contractors and consultants who are designated in writing to CITY ("Developer Designee's") shall have the right to enter onto the Property (without disturbing any occupants thereof) for the purpose of performing the Survey, hazardous materials inspections, soils inspections and other physical inspections and investigations; provided, however, that: (a) Developer shall deliver copies of all inspection reports to CITY; (b) no inspections or investigations shall damage the Property or any improvements thereon or shall be "invasive" unless the CITY has received a plan describing the scope of the inspection or investigation and has approved such plan in writing, which approval shall not be unreasonably withheld; (c) Developer shall immediately repair all damage caused by or related to its inspections; and (d) neither Developer nor any of Developer's Designees shall enter the 10 11086-0001 \2783528v4.doc Property unless Developer has provided CITY reasonable written evidence (such as insurance certificates and/or copies of policies) that the activities of Developer and the Developer Designees are covered by reasonable liability insurance naming CITY as an additional insured. Developer shall defend, indemnify and hold CITY harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys' fees and cost) resulting from the entry onto the Property for such purposes or for purposes of performing the Survey. If Developer disapproves to any condition of the Property or any Document, then Developer may terminate this Agreement by written notice to CITY given on or prior to the end of the Due Diligence Period that describes the basis for the disapproval. (c) Releases and Waivers. Developer acknowledges and agrees that in the event Developer does not approve of the condition of the Property under Section 2.8.2, Developer's sole right and remedy shall be to terminate this Agreement under and in accordance with Section 2.8.2. Consequently, Developer hereby waives any and all objections to or complaints regarding the Property and its condition, including, but not limited to, federal, state or common law based actions and any private right of action under state and federal law to which the Land is or may be subject, including, but not limited to, CERCLA (as defined in Section 1.1.24), RCRA (as defined in Section 1.1.24), physical characteristics and existing conditions, including, without limitation, structural and geologic conditions, subsurface soil and water conditions and solid and hazardous waste and Hazardous Materials on, under, adjacent to or otherwise affecting the Property. Developer further hereby assumes the risk of changes in applicable laws and regulations relating to past, present and future environmental conditions on the Property and the risk that adverse physical characteristics and conditions, including, without limitation, the presence of Hazardous Materials or other contaminants, may not have been revealed by its investigations. Developer and anyone claiming by, through or under Developer also hereby waives its right to recover from and fully and irrevocably releases CITY and its council members, board members, employees, officers, directors, representatives, agents, servants, attorneys, successors and assigns ("Released Parties") from any and all claims, responsibility and/or liability that it may now have or hereafter acquire against any of the Released Parties for any costs, loss, liability, damage, expenses, demand, action or cause of action arising from or related to: (i) the condition (including any defects, errors, omissions or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in the future be 11 11086-0001 \2783528v4.doc determined to be Hazardous Materials or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated, handled and/or removed from the Property under current or future federal, state and local laws regulations or guidelines), valuation, salability or utility of the Land, or its suitability for any purpose whatsoever, and (ii) any information furnished by the Released Parties under or in connection with this Agreement. This release includes claims of which Developer is presently unaware or which Developer does not presently suspect to exist which, if known by Developer, would materially affect Developer's release to CITY. Developer specifically waives the provision of California Civil Code Section 1542, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR." In this connection and to the extent permitted by law, Developer hereby agrees, represents and warrants that Developer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Developer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Developer nevertheless hereby intends to release, discharge and acquit Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included as a material portion of the consideration given to CITY by Developer in exchange for CITY's performance hereunder. Developer hereby agrees that, if at any time after the Close of Escrow any third party or any governmental agency seeks to hold Developer responsible for the presence of, or any loss, cost or damage associated with, Hazardous Materials in, on, above or beneath the Property or emanating therefrom, then Developer waives any rights it may have against CITY in connection therewith, including, without limitation, under CERCLA (as defined in Section 1.1z) and Developer agrees that it shall not (i) implead the CITY, (ii) bring a contribution action or similar action against CITY, or (iii) attempt in any way to hold CITY responsible 12 11086-0001 \2783528v4.doc with respect to any such matter. The provisions of this Section 2.8 shall survive the Close of Escrow. CITY has given Developer material concessions regarding this transaction in exchange for Developer agreeing to the provisions of this Section 2.8. CITY and Developer have each initialed this Section 2.8 to further indicate their awareness and acceptance of each and every provision hereof. CITY' S INITIALS DEVELOPER'S INITIALS The foregoing releases and waivers shall not, however, apply to Hazardous Materials on the Property prior to Close of Escrow known to CITY but not known to Developer and not disclosed by CITY to Developer. (d) Environmental Indemnity. From and after the Close of Escrow, Developer shall indemnify, protect, defend and hold harmless the CITY, and the CITY's officials, officers, attorneys, employees, consultants, agents and representatives, from and against any and all claims, liabilities, suits, losses, costs, expenses and damages, including but not limited to attorneys' fees and costs, arising directly or indirectly out of any claim for loss or damage to any property, including the Property, injuries to or death of persons, or for the cost of cleaning up the Land and removing Hazardous Materials or toxic substances, materials and waste therefrom, by reason of the presence or release of Hazardous Materials on or under, any portion of the Land to the extent caused by Developer or its contractors, and the foregoing shall survive the Close of Escrow. 2.9 Deposits into Escrow. (a) The CITY hereby covenants and agrees to deliver to Escrow Holder prior to the Close of Escrow the following instruments and documents, the delivery of each of which shall be a condition of the Close of Escrow: (i) A Grant Deed duly executed and acknowledged by the CITY, in the form attached hereto as Exhibit `B". (ii) If required by Escrow Holder, the affidavit as contemplated by California Revenue and Taxation Code 590 ("Withholding Affidavit"); (iii) If required by Escrow Holder, a Certification of Non Foreign Status in accordance with I.R.C. Section 1445 (the "FIRPTA Certificate'); 13 11086-0001 \2783528v4.doc (iv) A counterpart of the Habitat Regulatory Agreement in the form attached hereto as Exhibit "E", duly executed by CITY and acknowledged ("Regulatory Agreement"). (v) Such proof of the CITY's authority and authorization to enter into this transaction as the Title Company may reasonably require in order to issue Developer's policy of title insurance. (vi) A counterpart of the Subordination Agreement (in which the County Loan documents are subordinated to the City/Habitat Loan documents) ("County Subordination Agreement"). (b) The Developer hereby covenants and agrees to deliver: (i) directly to City an original of the Habitat Note, duly executed by Habitat, prior to the Close of Escrow; and (ii) to Escrow Holder prior to the Close of Escrow the following instruments and documents duly executed and acknowledged, and the following funds, the delivery of each of which shall be a condition of the Close of Escrow: (i) Counterpart of the Habitat Regulatory Agreement; (ii) The Habitat Deed of Trust; (iii) The County Subordination Agreement; (vi) The original of the letter of credit; and (vii) Any funds required to pay Developer's share of closing costs. 2.10 Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents, deliver the letter of credit to the City, and apply other funds and deliver documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: (i) The Title Company is unconditionally committed to issue in favor of Developer, at Developer's cost, an owner's Policy of Title Insurance, in an amount reasonably requested by Developer), showing the Land vested in Developer subject only to the Permitted Exceptions. (ii) The CITY and the Developer shall have deposited in Escrow the documents and funds required pursuant to Sections 2.9 and 2.10. (iii) The CITY and Developer have confirmed to Escrow Holder that all other CITY Conditions and Developer Conditions have been satisfied or expressly waived in writing by the Party benefited thereby. 14 11086-0001 \2783528v4.doc Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of Developer's title insurance policy. 2.11 Escrow's Closing Actions. On the Close of Escrow, Escrow Holder shall: (c) Record the Grant Deed, then the County's Regulatory Agreement, then the Habitat Regulatory Agreement, then the Habitat Deed of Trust, then the deed of trust securing the County Loan, and then the County Subordination Agreement in the Official Records of Riverside County, with no intervening recordings. (d) Deliver the letter of credit to City; (e) Issue the Title Policy (or cause the Title Company to issue the Title Policy); (f) Prorate property taxes and assessments and other charges as of the Close of Escrow in accordance with the settlement statements approved by the Parties and pay the costs shown thereon; (g) From funds deposited by Developer, pay costs payable by Developer as shown on the approved preliminary settlement statement approved by CITY and Developer, and return any excess to Developer; (h) Prepare and deliver to both Developer and the CITY one signed copy of Escrow Holder's final settlement statement showing all receipts and disbursements of the Escrow; and (i) If applicable, deliver the FIRPTA Certificate and the Withholding Affidavit (if required by Escrow Holder) to Developer. 3. DEVELOPMENT COVENANTS. 3.1 Development of the Project; Reports. Developer shall develop the Project in accordance with the Scope of Development, the Schedule of Performance, all requirements of any and all applicable federal, state and local laws, rules and regulations (including any conditions of approval required by the City, the Plans and Specifications, and all other terms, conditions and requirements of this Agreement. Developer shall comply with the Schedule of Performance in a timely manner, provided that the obligations of Developer set forth therein which are to be performed after the Close of Escrow shall be delayed by Force Majeure Delays, if applicable. Until a Certificate of Completion is issued, the Developer shall promptly provide the CITY with written, detailed progress reports, as reasonably requested by the CITY, regarding the status of the construction of the Improvements. 15 11086-0001 \2783528v4.doc 3.2 CITY's Right to Review Plans and Specifications. In connection with construction of the Project, Developer shall comply in all respects with the Plans and Specifications approved by the CITY. 3.3 Costs of Entitlement, Development and Construction; Prevailing Wages. The Developer agrees that all costs, expenses and fees associated with the development and construction of the Project including the costs for developing and constructing the Improvements thereon (including, but not limited to, the land acquisition costs and governmental permits and approvals) shall be borne by Developer. Developer shall pay and cause its contractors to pay any applicable prevailing wages for construction of the Improvements and shall otherwise comply with California Labor Code Sections 1720 et seq. (including all reporting requirements) and all federal loans regarding prevailing wages that apply, and Developer shall defend, indemnify and hold CITY harmless from and against any and all claims, liabilities, damages, losses, costs and expenses relating to or arising from any allegation or claim that prevailing wages shall not have been paid in accordance with applicable law. 3.4 Rights of Access and Inspection. In addition to those rights of access to and across the Land to which the City may be entitled by law, members of the staffs of the CITY shall have a reasonable right of access to the Land and Improvements, without charge or fee, at any reasonable time, to inspect the work being performed, but shall not be obligated to do so and CITY shall not be liable for any failure to disclose any information discovered by CITY (or that could or should have been discovered by any CITY inspection). The CITY shall also have the right at all reasonable times to inspect and copy the books, records and all other documentation of the Developer pertaining to its obligations under this Agreement. 3.5 Local, State and Federal Laws. Developer shall carry out the construction of the Improvements on the Land in conformity with all applicable federal, state and local laws, including all applicable federal and state occupation, safety and health standards, including (if applicable) prevailing wage laws as described in Section 3.3 above. 3.6 Governmental Permits and Approvals. Before commencement of construction or development of any work of improvement on the Land, Developer shall (at Developer's expense) secure, or cause to be secured, the Building Permit, and any other required governmental permits and approvals. 3.7 No Discrimination During Construction. Developer, for itself and its successors and assigns, agrees that it shall not discriminate against any employee or applicant for employment because of age, sex, marital status, race, handicap, color, religion, creed, ancestry, or national origin in the construction of the Improvements. 3.8 Taxes, Assessments, Encumbrances and Liens. Developer shall pay when due all real property taxes and assessments assessed or levied on portions of the Land from time to time owned by Developer, commencing immediately after closing of the land acquisition. 3.9 No Agency Created. In performing this Agreement, Developer is not the agent of the CITY. The CITY is not an agent of Developer. The CITY shall not have any 11086-0001 \2783528v4.doc responsibility whatsoever for payment to any contractor or supplier of Developer or its contractors. Developer shall not have any responsibility whatsoever for payment to any contractor or supplier of the CITY. 3.10 Certificate of Completion. Upon Developer's completion of the construction of the entire Project, Developer will apply to the CITY for a Certificate of Completion (which shall be substantially in the form attached hereto as Exhibit "F"). The CITY's issuance of the Certificate of Completion shall constitute the acknowledgement of the CITY that Developer has complied in all respects with its development obligations (and only the development obligations) set forth in this Article 3 with respect to the entire Project. If the City Manager believes that the Developer is not in compliance with its obligations under this Article 3, the City Manager shall promptly specify the nature of such non-compliance by written notice to Developer. 4. LIMITATIONS ON TRANSFERS AND SECURITY INTERESTS. 4.1 Restrictions on Transfer of Developer's Rights and Obligations. Prior to issuance of a Certificate of Completion for the Project, and except for the initial sale of Homes in accordance with the Regulatory Agreement after the Certificate of Completion shall have been issued, Developer shall not sell, assign, transfer, mortgage, lease, hypothecate, or convey (collectively, a "Transfer") any Home, Land, the Project or any part thereof or any of Developer's rights or obligations hereunder, or agree to do so, or transfer control of Developer or of fifty percent (50%) or more of the ownership interests in Developer in a single transaction or series of transactions, without the CITY's prior written consent, which consent may be granted or withheld in the CITY's sole and absolute discretion. Developer acknowledges that the identity of Developer is of particular concern to the CITY, and it is because of Developer's identity that the CITY has entered into this Agreement with Developer. No transfer or assignment of Developer's interest hereunder without the CITY's prior written approval shall be deemed to release Developer from the obligations of Developer hereunder. 4.2 Right of CITY to Satisfy Other Liens. After the Close of Escrow and after the Developer has had a reasonable time to challenge, cure, or satisfy any liens or encumbrances on the Project or any portion thereof, and has failed to do so, in whole or in part, the CITY shall, upon prior written notice to the Developer, have the right to satisfy any tax, assessment, lien or encumbrances; however, nothing in this Agreement shall require the Developer to pay or make provision for the payment of any tax, assessment, lien or charge so long as the Developer in good faith shall contest the validity or amount therein and so long as such delay in payment shall not subject the Land or any portion thereof to forfeiture or sale. 5. DEFAULT, REMEDIES AND TERMINATION. 5.1 Defaults. The occurrence of any or all of the following shall constitute a default ("Default") under this Agreement: 5.1.1 Developer's failure to perform its obligations on a timely basis as contained in the Schedule of Performance (as extended pursuant to Section 5.7), or any breach of this Agreement by any Party involving the payment of money, and the continuance of such breach for a 17 11086-0001 \2783528v4.doc period of fifteen (15) days after the non -defaulting Party has given written notice to the defaulting Party; 5.1.2 Except as otherwise provided in Section 5.1.1 hereof, a breach of any other term of this Agreement by any Party not involving the payment of money and failure of such Party to cure such breach within thirty (30) days after the non -defaulting Party has given written notice to the defaulting Party; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then such Party shall be deemed in Default only if such Party does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion; 5.1.3 Developer's violation of Section 4.1; 5.1.4 Developer's failure or refusal to keep in force and effect any material permit or approval with respect to construction of the Project, and Developer's failure to cure such breach within thirty (30) calendar days after notice from the CITY of Developer's breach; provided, however, if such breach is not reasonably curable within such thirty (30) day period, then Developer shall be deemed in Default only if Developer does not commence to cure such breach within such thirty (30) day period and thereafter fails to diligently prosecute such breach to completion; or 5.1.5 Filing of a petition in bankruptcy by or against any Party or appointment of a receiver or trustee of any property of any Party, or an assignment by any Party for the benefit of creditors, or adjudication that such Party is insolvent by a court, and the failure of such Party to cause such petition, appointment, or assignment to be removed or discharged within 180 days. 5.1.6 The failure to comply with any of the requirements of Section 6 below; 5.2 Remedies. 5.2.1 Defaults and Remedies Prior to the Close of Escrow. Upon a default by Developer prior to the Close of Escrow that is not cured within fifteen (15) days after written notice from the CITY, the CITY shall have the right to terminate this Agreement by delivering written notice thereof to Developer. Upon a default by CITY prior to the close of escrow that is not cured within fifteen (15) days after written notice from Developer, Developer may seek against CITY any available remedies at law or equity, including but not limited to, the right to receive damages (excluding damages for lost profits) or to 18 11086-0001 \2783528v4.doc pursue an action for specific performance; however, the CITY'S damages for failure to perform the obligations secured by cash collateral shall be limited to the amount of such cash collateral, and no notice or cure period shall apply to a failure to meet the deadline (as it may have been extended in writing by the City Manager) for such obligations. 5.2.2 Developer Default and CITY Remedies After the Close of Escrow. If Developer fails to comply with the Schedule of Performance after the Close of Escrow, then in addition to retention of the cash collateral delivered to City for application to the portion of the City Loan that is a purchase money loan (if applicable), such failure shall constitute an event of default under the City Loan to Developer, and shall entitle City to accelerate the maturity date for all sums outstanding under such loan. 5.3 No Personal Liability. No representative, agent, attorney, consultant, or employee of the CITY shall personally be liable to the Developer or any successor in interest of Developer, in the event of any Default or breach by the CITY, or for any amount which may become due to Developer or any successor in interest, on any obligation under the terms of this Agreement. 5.4 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the non -defaulting Party; provided, however, that liquidated damages specified herein shall constitute the sole damages recoverable for the default giving rise to such liquidated damages. 5.5 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such Party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. The acceptance by a Party of less than the full amount due from the other party shall not constitute a waiver of such Party's right to demand and receive the full amount due, unless such Party executes a specific accord and satisfaction. 5.6 Force Majeure. Following the Close of Escrow, and notwithstanding anything to the contrary in this Agreement, nonperformance of a construction obligation (but not nonperformance of any obligation secured by cash collateral) shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party (a "Force Majeure Delay"): (i) failure to perform by Developer attributable to any strike, lockout or other labor or industrial disturbance (whether or not on the part of the employees of either party hereto), civil disturbance, future order claiming jurisdiction, act of the public enemy, war, riot, sabotage, blockade, embargo, inability to secure customary materials, supplies or labor through ordinary sources by reason of regulation or order of any government or regulatory body; or (ii) delay attributable to severe weather, lightning, earthquake, fire, storm, hurricane, tornado, 19 11086-0001 \2783528v4.doe flood, washout, explosion, or any other cause beyond the reasonable control of the party from whom performance is required, or any of its contractors or other representatives. Any prevention, delay or stoppage due to any Force Majeure Delay shall excuse the performance of the party affected for a period of time equal to any such prevention, delay or stoppage (except the obligations of either party to pay money to the other party or to close escrow) provided that the Party claiming the Force Majeure Delay notifies the other Party of the Force Majeure Delay within a reasonable time (not to exceed ten business days) after the commencement of the Force Majeure Delay. 6. INSURANCE; INDEMNITY. The Developer shall maintain all insurance as required, including comprehensive or commercial general liability, comprehensive automobile liability, property, and flood. The Developer shall cause any contractor working on the Development to maintain worker's compensation, comprehensive or commercial general liability, and comprehensive automobile liability. The Developer shall provide certificates of insurance upon request from the CITY. 6.1 Insurance. 6.1.1 From and after the Close of Escrow, Developer shall obtain and maintain at no cost or expense to the CITY, with a reputable and financially responsible insurance company reasonably acceptable to the CITY, (i) after the completion of a Home, commercially reasonable casualty insurance for the Home in an amount not less than the replacement cost of the Home Improvements (subject to commercially reasonable deductibles) with a reasonable inflation rider; (ii) commercial broad form general liability insurance, insuring against claims and liability for bodily injury, death, or property damage arising from the construction, use, occupancy, condition, or operation of the Land, which liability insurance shall provide combined single limit protection of at least $2,000,000 and shall include a reasonable inflation rider, contractual liability coverage and products and completed operations coverage, and (iii) commercial automobile liability insurance of at least $1,000,000 combined single limit. Such liability insurance policies shall name the CITY and their council members, board members, officers, agents and employees as additional insureds. 6.1.2 Before commencement of any demolition or construction work on any portion of the Land, Developer shall obtain and maintain in force until completion of such work (i) "all risk" builder's risk insurance, including coverage for vandalism and malicious mischief, in a form and amount and with a company reasonably acceptable to the CITY, and (ii) workers' compensation insurance covering all persons employed by Developer or otherwise involved in connection with work on the Project, or any portion thereof. During the construction of Improvements on any portion of the Land by Developer, such builder's risk insurance shall cover improvements in place and all material and equipment at the job site 20 11086-0001 \2783528v4.doc furnished under contract, but shall exclude contractors', subcontractors', and construction managers' tools and equipment and property owned by contractors' and subcontractors' employees. 6.1.3 Each architect and each engineer engaged by Developer shall provide professional liability insurance with a limit of liability of at least One Million Dollars ($1,000,000.00). 6.1.4 Developer shall also furnish or cause to be furnished to the CITY evidence satisfactory to the CITY that any contractor with whom it has contracted for the performance of work on the Land or otherwise pursuant to this Agreement carries workers' compensation insurance as required by law. 6.1.5 With respect to each policy of insurance required above, Developer and each of Developer's general contractors, engineers and architects shall furnish to the CITY a certificate on the insurance carrier's form setting forth the general provisions of the insurance coverage promptly after written request by CITY showing the additional insureds. The certificate shall also be furnished by Developer prior to commencement of construction of any Improvements. 6.1.6 All such policies required by this Section shall contain (i) language to the effect that the policies cannot be cancelled or materially changed except after thirty (30) days' written notice by the insurer to the CITY, and (ii) a waiver of the insurer of all rights of subrogation against the CITY and the other additional insureds. All such insurance shall have deductibility limits which shall be commercially reasonable. 6.2 Indemnity. From and after the execution of this Agreement, Developer hereby agrees to indemnify, defend, protect, and hold harmless the CITY (as a third party beneficiary) and any and all agents, employees, representatives, council members, board members, consultants, and officers of the CITY, from and against all losses, liabilities, claims, damages (including foreseeable or unforeseeable consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out of pocket litigation costs and reasonable attorneys' fees) and demands of any nature whatsoever, related directly or indirectly to, or arising out of or in connection with: (i) the validity of this Agreement; (ii) the development and construction by Developer of the Improvements on the Land or the use, ownership, management, occupancy, or possession of the Land during Developer's period of ownership of the Land; (iii) any breach or Default by Developer hereunder; 21 11086-0001 \2783528v4.doc (iv) any of Developer's activities on the Land (or the activities of Developer's agents, employees, lessees, representatives, licensees, guests, invitees, contractors, subcontractors, or independent contractors on the Land), regardless of whether such losses and liabilities shall accrue or are discovered before or after termination or expiration of this Agreement, except to the extent such losses or liabilities are caused by the gross negligence or willful misconduct of the CITY. The CITY may in its discretion, and at their own cost, participate in the defense of any legal action naming the CITY; or (v) claims for prevailing wages under or violation of California Labor Code Sections 1720 et seq. The provisions of this Section shall survive the Close of Escrow or the termination of this Agreement. 7. REPRESENTATIONS AND WARRANTIES. 7.1 Developer Representations. Developer represents and warrants to the CITY as of the date of this Agreement and as of the Close of Escrow that: (i) Developer is a corporation validly existing and in good standing under the laws of the State of California. (ii) Developer has duly authorized the execution and performance of this Agreement and the execution and performance of all of the closing documents set forth herein. (iii) Developer's execution and performance of this Agreement and the closing documents will not violate any provision of the Developer's articles or bylaws or any deed of trust, lease, contract, agreement, instrument, order, judgment or decree by which Developer is bound. (iv) The Developer has not engaged a broker with respect to the purchase of the Land contemplated herein. 7.2 CITY Representation. The CITY hereby represents and warrants to the Developer that the CITY has not engaged a broker with respect to the sale of the Property as contemplated herein. 8. GENERAL PROVISIONS. 8.1 Notices. All notices and demands shall be given in writing by certified mail, postage prepaid, and return receipt requested, or by reputable overnight messenger. Notices shall be considered given upon the earlier of (a) one business day following deposit or delivery with a nationally recognized overnight courier delivery charges prepaid, or (b) upon delivery or attempted delivery as shown on the return receipt if sent by certified mail. Notices shall be addressed as provided below for the respective Party; provided that if any Party gives notice in writing of a change of name or address, notices to such Party shall thereafter be given as demanded in that notice: 22 11086-0001 \2783528v4.doe CITY: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager Developer: Habitat for Humanity Inland Valley 27475 Ynez Road, #390 Temecula, CA 92591 Attn: Executive Director 8.2 Construction. The Parties agree that each Parry and its counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. 8.3 Interpretation. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association where ever the context so requires. Unless otherwise required by a specific provision of this Agreement, time hereunder is to be computed by excluding the first day and including the last day. If the date for performance falls on a Saturday, Sunday, or legal holiday, the date for performance shall be extended to the next business day. All references in this Agreement to a number of days in which either party shall have to consent approve or perform shall mean calendar days unless specifically stated to be business days. 8.4 Time of the Essence. Time is of the essence of this Agreement. 8.5 Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, to any third person, any money or other consideration for obtaining this Agreement, other than normal costs of conducting business and costs of professional services such as architects, engineers and attorneys. 8.6 Attorneys' Fees. If any Party brings an action to enforce the terms hereof or declare its rights hereunder, the prevailing Party in any such action shall be entitled to its reasonable attorneys' fees to be paid by the losing Party as fixed by the court. If the CITY is made a party to any litigation instituted by or against Developer or to any litigation attacking the validity of this Agreement, then Developer shall indemnify and defend the CITY against, and save them harmless from, all costs, expenses (including reasonable attorneys' fees), claims, liabilities, damages and losses incurred by the CITY in connection with such litigation provided, however, that in no event shall the Developer be obligated to pay any damages awarded to any person or entity that result from the gross negligence or willful misconduct of the CITY. 8.7 Entire Agreement. This Agreement, together with all attachments and exhibits hereto, and all agreements executed pursuant hereto, constitutes the entire understanding and agreement of the Parties. This Agreement integrates all of the terms and conditions mentioned 23 11086-0001 \2783528v4.doc herein or incidental hereto, and supersedes all negotiations or previous agreements between the Parties with respect to the subject matter hereof. 8.8 Severability. Each and every provision of this Agreement is, and shall be construed to be, a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof shall to any extent be held to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected hereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. 8.9 No Third -Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, and there are no third -party beneficiaries of this Agreement. No other person shall have any right of action based upon any provision of this Agreement. 8.10 Governing Law; Jurisdiction; Service of Process. This Agreement and the rights of the Parties shall be governed by California law. The Parties consent to the exclusive jurisdiction of the California Superior Court for the County of Riverside. If any legal action is commenced by Developer against the CITY, or by CITY against Developer, service of process on the CITY shall be made by personal service upon the City Manager or secretary of the CITY, or in such other manner as may be provided by law. If any legal action is commenced by CITY against Developer, service of process on Developer shall be made by personal service on Developer's Executive Director (currently, Tammy Marine) at the Developer's address for notices, or in such other manner as may be provided by law. 8.11 Survival. The provisions hereof shall not merge into, but rather shall survive, any conveyance hereunder (including, without limitation, the delivery and recordation of the Grant Deed) and the delivery of all consideration. 8.12 CITY Actions. In addition to any provisions of this Agreement that gives the City Manager the authority to make decisions and grant approvals, the CITY hereby authorizes the City Manager to deliver such approvals, consents as are contemplated by this Agreement, waive requirements under this Agreement, and modify this Agreement, on behalf of the CITY provided that the applicable approval, consent, waiver or modification is not substantial (i.e., does not change the fundamental business transaction between the Developer and the CITY, as determined by the City Manager in his reasonable discretion). 8.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed as original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the day and year first above written. 24 11086-0001 \2783528v4.doc DEVELOPER: HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation Tammy Marine, Executive Director CITY: CITY OF TEMECULA Aaron Adams, City Manager ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: LO-M Bruce Galloway of Richards, Watson & Gershon, counsel to City 25 11086-0001 \2783528v4.doe EXHIBIT "A" LEGAL DESCRIPTION OF LAND THE LAND IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) 26 11086-0001 \2783528v4.doc EXHIBIT `B" FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, AND MAIL TAX STATEMENTS TO: Habitat for Humanity Inland Valley, Inc. 27475 Ynez Road, #390 Temecula, CA 92591 Attn: Executive Director APNs:922-062-010 and 016 (Space above for Recorder's Use) Exempt From Recording Fee Per Government Code Section 27383 Documentary transfer tax is $ 0.00 ; transfer for no consideration (forgivable purchase money loan). The property is in the City of Temecula, County of Riverside. GRANT DEED The undersigned grantor(s) declare(s): FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA ("Grantor") hereby GRANTS to the HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Grantee") the land (the "Land") located in the City of Temecula, County of Riverside, State of California described on Exhibit "A". SUBJECT TO, all matters of record and all matters visible upon inspection. 1. This grant of the Land is subject to the terms of a Disposition and Development Agreement entered into by and between Grantor and Grantee dated as of , 2023 (the "DDA") the terms of which are incorporated herein by reference (and which include restrictions on transfer prior to completion of the Project described and required therein). A copy of the Agreement is available for public inspection at the offices of the Grantor at 41000 Main Street, Temecula, CA 92590. 2. The Grantee covenants, for itself and its successors and assigns, that there shall be no sale, transfer, assignment, conveyance, lease, pledge or encumbrance of the DDA, or the Land and the Improvements thereon or any part thereof, or of ownership interests in the Grantee in violation of the DDA, which contains restrictions on the assignment of the DDA and the transfer of interests in the Land. 3. The Grantee covenants and agrees that all sales and loan proceeds received by Grantee or any affiliate of Grantee from any buyer or owner of a housing unit in the Project shall B-1 11086-0001 \2783528v4.doc be used by Developer solely for the purpose of developing affordable housing units in the City of Temecula. 4. All covenants contained in this Grant Deed shall be covenants running with the land. IN WITNESS WHEREOF, the undersigned has executed this Grant Deed as of the date set forth below. Dated: .2023 CITY OF TEMECULA By: Aaron Adams City Manager ATTEST: Randi Johl, City Clerk B-2 11086-0001 \2783528v4.doe A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) B-3 11086-0001 \2783528v4.doc EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) B-4 11086-0001 \2783528v4.doc EXHIBIT "C" SCHEDULE OF PERFORMANCE This Schedule of Performance requires the submission of plans or other documents at specific times. Some of the submissions or items may not described in the text of the Agreement. Such plans or other documents, as submitted, must be complete and adequate for review by the CITY or other applicable governmental entity when submitted. Prior to the time set forth for each particular submission, the Developer shall consult with CITY staff informally as necessary concerning such submission in order to assure that such submission will be complete and in a proper form within the time for submission set forth herein. Action Date / Deadline Items 1 — _ Relate to Developer Actions and Requirements Prior to or through/at the Close of Escrow 1. Opening of Escrow. The Parties shall Upon execution of DDA open escrow with the Escrow Holder. 2. Preliminary Project Budget; Sources As soon as reasonably possible, but prior to Close of Escrow and Uses of Funds; Commitments. The Developer shall submit a preliminary Project Budget for the Improvements, and a schedule of sources and uses of funds, and copies of all debt and equity commitments or similar documents (including the signed loan agreement with the County of Riverside). 3. Letter of Credit. The Developer shall Prior and as a condition to the Close of Escrow. deliver the letter of credit described in Section 2.5.5. 4. Insurance. The Developer shall submit Prior and as a condition to the Close of Escrow. evidence of insurance to the CITY. 5. County Financing. Construction Concurrently with Close of Escrow financing (including the County Loan) in the amount of $1,313,417 shall close concurrently with the Close of Escrow Items 6 — 9 Relate to the Conveyance of the Land, and Developer Actions and Requirements After the Close of Escrow 6. Close of Escrow. The Developer shall On or before date that is 90 days after the date purchase the Land from the CITY of this DDA. C-1- 11086-0001 \2783528v4.doc Action Date / Deadline 7. Subdivision of Land; Issuance of all By the date that is eighteen calendar months after the date of this DDA, as may be extended Grading/Construction Permits; Approval of Density Bonus by the City Manager in writing. Concessions. The Developer shall obtain the Permits for the development and construction of the Project; approval of the subdivision of the Land (and shall record any applicable subdivision map); and approval of a density bonus with zoning concessions enabling the Project to be completed. 8. Commencement and Completion of Substantially commence grading not later than 45 days after issuance of grading permit; Grading. Developer shall substantially complete the grading for the Project. complete grading not later than six (6) months following the commencement of grading. 9. Completion; Qualification for No later than 14 calendar months after the Certificate of Completion. The Project commencement of construction. shall be completed and shall qualify for a Certificate of Completion. C-2- 11086-0001 \2783528v4.doe EXHIBIT "D" SCOPE OF DEVELOPMENT Six two-story single family homes, built within two (2) triplex buildings, each home consisting of or including approximately three (3) bedrooms and approximately two and one-half (2.5) bathrooms, comprising, on average, 1,255 square feet of gross living area and a two -car garage with two (2) vehicle driveways, each home to be on a separate, legally subdivided lot. The gross living area of the six homes together will total approximately 7,530 square feet, but the number of bedrooms and living area of each individual home may vary. D-1- 11086-0001 \2783528v4.doe EXHIBIT "E" FORM OF HABITAT AFFORDABILITY RESTRICTIONS/REGULATORY AGREEMENT RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager With a copy to: Habitat for Humanity Inland Valley 27475 Ynez Road #390 Temecula, CA 92591 Attn: Executive Director APNs: 922-062-016; 922-062-010 SPACE ABOVE THIS LINE FOR RECORDER'S USE Recording Fee: Exempt pursuant to California Government Code Section 27383. AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT (Six Affordable Homes) THIS AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT (this "Agreement") is dated as of , 2023 and is entered into by and between the HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation (the "Owner") and the CITY OF TEMECULA ("CITY"). RECITALS A. This Agreement is executed, delivered and recorded under and in accordance with a Disposition and Development Agreement between the Owner and the City ("DDA") because the land sold by City to Developer pursuant to such DDA was purchased with low income set aside funds, and all or a portion of a construction loan being made by City to Developer under the DDA is being made with low income set aside funds. B. However, this Agreement is also intended to constitute, and shall also serve as a "density bonus agreement" in connection with any density bonus zoning/land use concessions E-1 11086-0001 \2783528v4.doe granted by the CITY, and consequently, shall not be subordinate (or subordinated) to any deeds of trust. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereinafter specified. (a) Affordable Housing Cost means a housing cost which does not exceed the limits set forth in California Health and Safety Code Section 50052.5(b), as amended from time to time and the applicable regulations for such statute, and for the purposes hereof, the term "housing cost" shall include association fees and shall otherwise have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6920, as such regulation may be amended from time to time, and the term "Gross Income" shall have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6914, as such regulation may be amended from time to time, or other applicable regulations. (b) Affordable Unit means any housing unit developed or located on the land encumbered by this Agreement. (c) Homeowner means any person (or persons) who has (or have) purchased an Affordable Unit. (d) Term means from the date hereof until the final Affordable Unit is sold by Owner in accordance with this Agreement, but this Agreement shall terminate as to each Affordable Unit when such Affordable Unit is sold by Owner in accordance with this Agreement. (e) Low Income Household means a person, family or household that has provided sufficient "Sweat Equity" work as reasonably determined by Habitat for Humanity Inland Valley, Inc., in order to qualify to purchase an Affordable Unit (and as shown by reasonable evidence provided to CITY), and that meets the income qualification limits set forth in California Health and Safety Code Section 50079.5 (not more than 80% of AMI, adjusted for family size appropriate to the unit) Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto. (f) Very Low Income Household means a person, family or household that has provided sufficient "Sweat Equity" work as reasonably determined by Habitat for Humanity Inland Valley, Inc., in order to qualify to purchase an Affordable Unit (and as shown by reasonable evidence provided to CITY), that lives in substandard housing immediately prior to acquiring the Home (also as shown by reasonable evidence provided to CITY), and that meets the income qualification limits set forth in California Health and Safety Code Section 50105 (not more than 50% of AMI, adjusted for family size appropriate to the unit), and Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto. 2. Restrictions on Sale, Lease, Transfer. Owner shall not sell, convey or transfer any of the Affordable Units or enter into an agreement to do so, except as expressly permitted by E-2 11086-0001 \2783528v4.doe the terms of this Agreement. There shall be no leasing of any Affordable Unit; each Homeowner must occupy its Affordable Unit as its sole residence. 3. Covenants to Maintain Affordability and Occupancy. During the Term applicable to a particular Affordable Unit, sales of the Affordable Units by Owner shall be to a Low Income Household (one Affordable Unit) and to Very Low Income Households (five Affordable Units) at a sales price that results in an Affordable Housing Cost for that household, as applicable. 4. Sale/Resale Price Controls and Procedures. (a) Owner shall notify any proposed purchaser in writing prior to the proposed purchaser's execution of escrow instructions, purchase and sale agreement or similar agreement, whichever is earliest, that the title to the Affordable Unit is and will be restricted in the manner described herein, and shall deliver a copy of this recorded Agreement to the purchaser at that time. Owner shall deliver to CITY a copy of such written notification. (b) For the purpose of confirming with the CITY that a proposed purchaser is a Very Low Income Household or a Low Income Household (as applicable) that will be paying a purchase price that is in compliance with the terms hereof, the Owner shall notify the City in writing of any offer from a prospective purchaser which the Owner intends to accept, and shall provide the CITY with the following: (i) Name and address of the purchaser. (ii) Number of persons comprising the purchaser's household and their names and ages. (iii) Proposed purchase price of the Affordable Unit, and any other consideration for the purchase of the Affordable Unit. (iv) Amount of down payment. (v) Terms of any loan that will be used by the purchaser to finance the purchase of the Affordable Unit, including, but not limited to, principal, interest rate, term, and loan fees. (vi) Closing date. (vii) Aggregate annual income of the purchaser's household. (viii) Most recent federal and state income tax returns of the purchaser and all other members of the purchaser's household for the preceding two (2) calendar years, and verification of the proposed purchaser's salary or wages from the purchaser's employer. (ix) Copy of any proposed purchase and sale agreement, escrow instructions, loan application, and other agreements between the Owner and Homeowner/ proposed purchaser relating to the Affordable Unit. E-3 11086-0001 \2783528v4.doc (x) A written statement signed by the proposed purchaser that the Affordable Unit will be occupied by the purchaser and used as his or her primary residence, and that the Affordable Unit will not be leased. (xi) As required by the DDA, a "regulatory agreement" among the CITY, the Owner and the Homeowner, which shall be subject to the reasonable approval of the City Manager of the CITY, and which must be recorded immediately after the deed to the Homeowner, as part of a sale by Owner (i.e., prior to any deeds of trust), and which shall also constitute a "density bonus agreement" for the granting by City of land use/zoning concessions to Owner for the development of the Affordable Units. Such regulatory agreement for an Affordable Unit shall be required as part of a sale by Owner of the applicable Affordable Unit. (xii) As required by the DDA, the promissory note by the purchaser of the Affordable Unit in favor of the City and deed of trust securing such promissory note, which must be recorded immediately after the above regulatory agreement. (xiii) Any and all other deeds of trust, promissory notes and any other documents that are contemplated by such purchase agreement or otherwise required by Owner of the applicable Homeowner/purchaser in connection with the sale, for reasonable approval by the City Manager of the CITY. (c) The City Manager of the CITY or his or her designee ("City Manager") may require the purchaser to submit other written documentation to verify the information set forth herein and to determine that the income and Affordable Housing Cost restrictions of this instrument shall be satisfied. If the CITY receives all such information, within 21 days of the CITY's receipt of same, the City Manager shall determine whether the prospective purchaser is qualified to purchase the Affordable Unit as a Low Income Household and shall thereafter notify the Owner in writing that the prospective sale is authorized and approved, or that the prospective purchaser does not qualify to purchase the Affordable Unit as a Low Income Household or that the sales price does not constitute an Affordable Housing Cost. (d) If the City Manager notifies the Owner that the proposed sale is authorized and approved, the Owner shall proceed to complete the sale of the Affordable Unit within sixty (60) days after the date of such approval or election from the CITY, and shall send CITY a copy of the escrow instructions and purchase agreement, and a copy of the recorded deed and regulatory agreement, and any deeds of trust and promissory notes they secure, promptly after the close of escrow. (e) If the City Manager notifies the Owner that the proposed sale does not comply with this Agreement, then the sale shall not occur. 5. Remedies of CITY. In addition to all of its rights and remedies available for Owner's breach of this Agreement, upon a breach of this Agreement by Owner, any Homeowner or any tenant, CITY may obtain specific performance of this Agreement and/or injunctive relief, and may evict any tenant. 6. Successors and Assigns; Covenants to Run With the Land. The covenants and restrictions contained herein shall run with the land for the term of this Agreement and shall be a E-4 11086-0001 \2783528v4.doc burden upon each Affordable Unit and shall be enforceable by the CITY against the Owner, each Homeowner and the successors -in -interest of the Owner, and all tenants of an Affordable Unit. 7. Independent and Severable Provisions. In the event that any provision of this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such holding shall not render unenforceable any other provision hereof, each provision hereof being expressly severable and independently enforceable to the fullest extent permitted by law. 8. Further Assurances. The CITY, Owner and any Homeowner, or any successor - in -interest or tenant shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do such further acts as may be necessary, desirable or proper to carry out the purposes of this Agreement. 9. No Waiver. No waiver by the CITY of its rights hereunder, or of any breach by the Owner or a Homeowner of any covenant, restriction, or condition herein contained, shall be effective unless such waiver is in writing, signed by the CITY and delivered to the Owner or the Homeowner, as applicable. Any waiver by the CITY of its power to terminate any covenant, restriction, or condition herein contained, or the failure by the CITY to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or condition nor bar any right or remedy of the CITY in respect of any subsequent breach. 10. Notices. All notices to be delivered to the parties pursuant to the terms hereof shall be in writing and shall be delivered in person or by certified mail, return receipt requested, or by reputable overnight delivery service (such as Federal Express) to the addresses listed below. Any of the following addresses may for Owner or CITY be changed by written notice given in accordance with this Section. City: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager Developer: Habitat for Humanity Inland Valley, Inc. 27475 Ynez Road, # 390 Temecula, CA 92591 Attn: Executive Director 11. Entire Agreement. This instrument constitutes the entire agreement of the parties hereto, and the provisions hereof may be modified or amended only by a written instrument signed by the party to be charged. 12. Attorneys' Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of its attorneys' fees and costs. E-5 11086-0001 \2783528v4.doc OWNER: HABITAT FOR HUMANITY INLAND VALLEY, INC. Ul-A Tammy Marine, Executive Director CITY: CITY OF TEMECULA Aaron Adams City Manager E-6 11086-0001 \2783528v4.doe EXHIBIT "A" DESCRIPTION OF LAND THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) E-7 11086-0001 \2783528v4.doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) E-8 11086-0001 \2783528v4.doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) E-9 11086-0001 \2783528v4.doc EXHIBIT "F" FORM OF CERTIFICATE OF COMPLETION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager With a copy to: Habitat for Humanity Inland Valley 27475 Ynez Road, #390 Temecula, CA 92591 Attn: Executive Director APNs: 922-062-016, 922-062-010 (Space Above for Recorder's Use Only) This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383. CERTIFICATE OF COMPLETION THIS CERTIFICATE OF COMPLETION (the "Certificate") is made by the CITY OF TEMECULA (the "CITY"), in favor of HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Developer"). RECITALS A. CITY and Developer have entered into that certain unrecorded Disposition and Development Agreement (the "DDA") dated as of , 2023 concerning the development of certain real property situated in the City of Temecula, California, described in Exhibit "A" attached hereto (the "Site"). B. As referenced in Section 3.10 of the DDA, CITY is required to furnish Developer or its successors with a Certificate of Completion upon completion of construction of the "Project" on the Site (as defined in the DDA), which Certificate is required to be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. This Certificate is conclusive determination of satisfactory completion of the construction and development required by the DDA on the Site. -F-1 11086-0001 \2783528v4.doc C. CITY has conclusively determined that the construction and development of the Project has been satisfactorily completed. NOW, THEREFORE, CITY hereby certifies as follows: 1. CITY does hereby certify that the Project to be constructed by Developer has been fully and satisfactorily completed in full conformance with the DDA. 2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof. 3. This Certificate shall not constitute evidence of Developer's compliance with those covenants in the DDA that survive the issuance of this Certificate. 4. This Certificate is not a Notice of Completion as referred to in California Civil Code Section 3093. 5. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA (including without limitation the attachments thereto). IN WITNESS WHEREOF, CITY has executed this Certificate of Completion this day of , 20 . CITY OF TEMECULA wo Aaron Adams, City Manager -F-2 11086-0001 \2783528v4.doe A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -F-3 11086-0001 \2783528v4.doc EXHIBIT "A" LEGAL DESCRIPTION OF PROJECT SITE THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) :►I LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) -F-4 11086-0001 \2783528v4.doc EXHIBIT "G" FORM OF HABITAT PROMISSORY NOTE (Attached.) 11086-0001 \2783528v4.doc SECURED PROMISSORY NOTE , 2023 Temecula, California $1,261,000.00 FOR VALUE RECEIVED, the undersigned HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Maker" or "Developer"), whose address is 27475 Ynez Road, #390, Temecula, CA 92591, promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City"), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of ONE MILLION TWO HUNDRED SIXTY-ONE THOUSAND AND NO/100 DOLLARS ($1,261,000.00) (the "Original Principal Amount"), together with interest on the outstanding principal amount of this promissory note (the "City Loan Note"), at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America. This City Loan Note is being delivered, and the loans evidenced hereby are being made, pursuant to the terms of that certain Disposition and Development Agreement between Developer and City ("DDA"). All capitalized terms used herein which are not separately defined herein shall have the meanings set forth therefor in the DDA. The portion of the loan consisting of the purchase price for the Property described in the DDA ($561,000.00) is a purchase money loan, and shall be deemed outstanding as of the date hereof; the remainder of the loan ($700,000.00) is a construction loan, and shall be disbursed by City on a monthly basis for construction costs subject to the terms and conditions in the DDA. "Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of. (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law. 1. Payments. No payments under this City Loan Note shall be due and payable unless and until there is an uncured default by Maker under the DDA or certain Affordable Housing Covenant and Regulatory Agreement between Maker and City date substantially concurrently herewith ("Regulatory Agreement"). However, upon Developer's failure to timely satisfy the post -closing obligations of Developer under the DDA, the purchase money portion of the loan shall become due and payable (it being contemplated that the cash drawn under the letter of credit shall be retained by City in satisfaction of that portion of the loan). 2. Secured by Deed of Trust; Purchase Money Loan is Also Supported by Letter of Credit. Repayment of the purchase money portion of the loan evidenced by this City Loan Note is secured by a deed of trust (the "City Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the property described in the City Deed of Trust (the "Property" or "Site"), and is also supported/backed by a letter of credit held by City (and if drawn in the sole and absolute discretion of City, City may retain all proceeds of such letter of credit), and the purchase money portion of the loan shall be deemed satisfied; the remainder of the loan (i.e., the construction loan portion) is secured solely by the Property. 11086-0001 \2783528v4.doc 3. Prepayment. Maker shall have the right to prepay amounts owing under this City Loan note at any time, without penalty or premium. 4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein that violates the DDA or the Regulatory Agreement, Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon 5. Reductions Upon Sale of Homes and Execution Delivery of New Secured Notes and Deeds of Trust. Upon a sale by Maker in accordance with the Regulatory Agreement of any of the six homes that to be developed under the DDA on the Property, the outstanding balance of this City Loan Note shall be reduced by $210,166.66 (per home sold). Upon such a sale and partial reconveyance of the Deed of Trust securing this City Loan Note (reconveyance from the unit sold), and execution and delivery by the buyer to Payee (City) of a promissory note in the amount of such reduction, and the recording of a deed of trust securing such new note, and a regulatory agreement in favor of Payee (City) (a default under which shall cause the new note to become due at the option of the Payee/City), said new deed of trust shall be subordinate to one or more deeds of trust in favor of the Maker, as seller of the unit, that secure purchase money obligations of the buyer to Maker as seller. 6. Miscellaneous. (a) Governing Law. All questions with respect to the construction of this City Loan Note and the rights and liabilities of the parties to this City Loan Note shall be governed by the laws of the State of California. (b) Attorneys' Fees. (i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this City Loan Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding. (ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is 11086-0001 \2783528v4.doc separate and several and shall survive the merger of this City Loan Note into any judgment on this City Loan Note. (d) Entire Agreement. This City Loan Note, the City Deed of Trust securing this City Loan Note, the Regulatory Agreement and the DDA constitute the entire agreement and understanding between and among the parties in respect of the subject matter of such agreements and supersede all prior agreements and understandings with respect to such subject matter, whether oral or written. (e) Time of the Essence. Time is of the essence with respect to every provision hereof. (f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this City Loan Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this City Loan Note or in any proceeding against any of the rights or interests in or to properties securing payment of this City Loan Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of the DDA, this City Loan Note or the City Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under the DDA, this City Loan Note, the City Deed of Trust or the obligations secured thereby. A waiver of any term of this City Loan Note, the City Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. MAKER: HABITAT FOR HUMANITY INLAND VALLEY, INC. Tammy Marine, Executive Director 11086-0001 \2783528v4.doe EXHIBIT "H" FORM OF HABITAT DEED OF TRUST (Attached) 11086-0001\2783528v4.doc H-1 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL DOCUMENT TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk with a copy to: Habitat for Humanity Inland Valley, Inc. 27475 Ynez Road, #390 Temecula, CA 92591 Attn: Executive Director APNs: 922-062-010 and 016 SPACE ABOvE THIS LINE FOR RECORDER'S USE FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing (the "Deed of Trust") is dated for reference purposes as of , 2023, and is executed by HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation, as trustor (the "Borrower"), whose business address is 27475 Ynez Road, #390 Temecula, CA 92591 to First American Title Insurance Company (the "Trustee"), for the benefit of the CITY OF TEMECULA, whose office is at 41000 Main Street, Temecula, CA 92590 ("Beneficiary"). 1. BORROWER HEREBY IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower's right, title and interest now held or hereafter acquired in and to the following: (a) all of that certain real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit A (attached) which is incorporated herein by this reference; (b) the rents, issues, profits, royalties, income and other benefits derived from use or occupancy of the Property (defined below); (c) all appurtenances, easements, rights of way and rights now owned or hereafter acquired by Borrower as they relate to the Property; (d) all rights title and interest of Borrower now owned or hereinafter acquired, in and to any land lying within the right of way of any street, open or proposed, adjoining all or any portion of the land on which the Property is located, and any and all sidewalks, alleys and strips of land adjacent to or used in connection with the Property; and (e) all buildings, improvements and fixtures now or hereafter erected thereon, and all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in connection with such real property and owned by Borrower or in which Borrower has an interest, together with all additions to, substitutions for, changes in or replacements of the whole or any part of said articles of property (all of which real and personal property are sometimes referred to as the "Property"); all of which are hereby pledged and assigned, transferred, and set over unto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of tenants of dwelling units in the buildings now or hereafter situated on said real property are not intended to be included within this Deed of Trust except to the extent of Borrower's interest therein. 2. BORROWER HEREBY ABSOLUTELY, UNCONDITIONALLY AND IRREVOCABLY ASSIGNS to the Beneficiary, subject to the rights of senior lienholders, all rents, royalties, issues, accounts and profits of or relating to the Property and all of Borrower's interest under all leases, subleases, rental agreements and other contracts and occupancy agreements relating to construction, use and possession for the purposes and upon the terms and conditions hereinafter set forth. This assignment is absolute, primary and direct and is not intended to be a separate or secondary pledge, or other form of additional security, and no further act or step is or shall be required of the Beneficiary to perfect this assignment. Notwithstanding the foregoing, the Beneficiary confers upon Borrower a license to collect and retain the rents, issues and profits of the Property as they become due and payable until an Event of Default (defined below in Section 5.7), upon the occurrence of which said license shall be automatically revoked. This assignment shall not impose upon the Beneficiary any duty to cause the Property to produce rents nor shall the Beneficiary be deemed to be a mortgagee in possession by reason thereof for any purpose. 3. THE ABOVE GRANT, TRANSFER, AND ASSIGNMENTS ARE FOR THE PURPOSE OF SECURING: (a) Payment of the indebtedness evidenced by that certain promissory note (the "Promissory Note") of Borrower in the principal amount of $1,261,000.00, together with interest on such indebtedness according to the terms of the Promissory Note, and any or all amendments, modifications, extensions or renewals of the Promissory Note and the indebtedness and all other sums becoming due and payable to the Beneficiary, or Trustee, pursuant to the terms of this Deed of Trust. (b) Payment of such additional indebtedness, when evidenced by a promissory note or notes reciting the same to be secured by this Deed of Trust, together with interest, as the Beneficiary at its sole discretion may advance to Borrower, or its successor in interest, from time to time and payment or performance of such other obligations as the then record owner of the Property may agree to pay or perform when evidenced by a promissory note or other instrument or agreement reciting that it is secured hereby. (c) Performance and observance of all of the terms, covenants and conditions to be performed or observed by Borrower under this Deed of Trust or the Promissory Note, it being understood that the Promissory Note shall become due and payable upon an uncured default under that certain document entitled Affordable Housing Covenant and Regulatory Agreement executed between the Borrower and the Beneficiary and recorded against the Property ("Secured Obligations"). (d) Payment of all other obligations owed by Borrower to Beneficiary that by their terms recite that they are secured by this Deed of Trust, including those incurred as primary obligor or as guarantor. 4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER AGRFFS- 4.1 Maintenance of the Property. (a) To keep the Property in a decent, safe, sanitary, rentable and tenantable condition and repair and permit no waste thereof, (b) Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) Not to construct any buildings or improvements on the Property, other than the buildings and improvements contemplated in the Disposition and Development Agreement between Borrower and Beneficiary ("DDA") or add to, remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) To repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust, subject to available insurance proceeds or other available financing; (e) To comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Beneficiary's prior written consent; and (g) Not to materially alter the use of all or any part of the Property without the prior written consent of the Beneficiary. 4.2 Insurance. (a) To keep the Property insured, with loss payable to the Beneficiary, subject to the rights of senior lienholders, against loss or damage by fire and such other hazards, casualties and contingencies and by such companies, on such forms and in such amounts as the Beneficiary may from time to time require, and upon request to deliver the original of all such policies to the Beneficiary, together with receipts satisfactory to the Beneficiary evidencing payment of the premiums. Specific insurance requirements may be found at http://www.calhfa.ca.gov/multifamily/. In addition, all such policies shall provide that the Beneficiary shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded by sit. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Beneficiary, shall be delivered to the Beneficiary at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the Beneficiary shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. THE BENEFICIARY HEREBY DISCLOSES TO BORROWER IN WRITING THAT UNDER SECTION 2955.5 OF THE CALIFORNIA CIVIL CODE: "No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property." (b) Subject to the rights of senior lienholders, effective on the occurrence of any Event of Default, all of Borrower's right, title and interest in all policies of property insurance and any unearned premiums paid are assigned to the Beneficiary, who may assign them to any purchaser of the Property at any foreclosure. 4.3 Payment of Taxes and Utility Charges. To pay, at least ten (10) days prior to delinquency, all taxes and assessments, both general and special, fines, penalties, levies and charges of every type or nature levied upon or assessed against any part of the Property or upon Trustee's or the Beneficiary's interest in the Property. The Borrower shall have the right to contest in good faith any such amounts but in no event shall Borrower allow penalties or such other charges accrue because of late payments. 4.4 Payment and Discharge of Liens. Borrower shall pay, when due, all claims of every kind and nature which might or could become a lien on the Property or any part thereof and shall not at any time create or allow to exist any lien on the Property or any part thereof of any kind or nature other than this Deed of Trust; provided, however, that the following are excepted from this prohibition: (a) liens for taxes and assessments which are not delinquent although by law are given the status of a lien; (b) such of the above claims as are, and only during the time they are being contested by Borrower in good faith and by appropriate legal proceedings; and (c) those matters affecting title which appeared in the title insurance policy or binder delivered to the Beneficiary at the time of recording of this Deed of Trust or which have at any time been consented to in writing by the Beneficiary. Borrower shall post security for the payment of these contested claims as may be requested by the Beneficiary. 4.5 Rights of Beneficiary to Remedy Defaults. If Borrower defaults in payment of any tax, assessment, lien, encumbrance, claim, insurance premium, or any other proper charge, in whole or in part, or defaults in the performance of any of the Secured Obligations, the Beneficiary at any time and from time to time, with or without notice to or demand upon Borrower, may make such payments or perform any such acts required of Borrower, to such extent and in any form or manner deemed expedient by the Beneficiary, and pay any other sums, expenses and charges, including attorney fees, necessary to protect the Property and the lien of this Deed of Trust, without incurring any obligation so to do or releasing Borrower from any obligations and without waiving or curing any default. The Beneficiary shall be the sole judge of the validity, priority, and amount of any such tax, assessment, lien, premium, claim or charge so paid by it, and the necessity for the performance by the Beneficiary of any such obligation which Borrower was required but failed to perform. The Beneficiary, at its option, shall be subrogated to any tax, assessment, lien, premium, claim or charge which it has paid under these provisions and any such subrogation rights shall be additional and cumulative security to those set forth in the Secured Obligations. In the event that the Property is or becomes encumbered by liens or deed(s) of trust other than this Deed of Trust, then a default under such other lien or deed(s) of trust shall constitute a default under this Deed of Trust. 4.6 Repayment to the Beneficiary. Upon the Beneficiary's payment of any tax, assessment, lien, encumbrance, claim, insurance premium or other charge which Borrower fails to pay, or upon the Beneficiary's performance of any obligation which Borrower fails to perform, all as set forth in paragraph 4.5 above, the amount so paid or the cost of performing any such obligation, together with other sums paid or incurred by the Beneficiary, including charges, expenses and reasonable attorney fees relating to or growing out of such default, with interest thereon from date of payment at the rate of the lesser of: (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be paid by Borrower to the Beneficiary upon written demand. For the purposes of this paragraph 4.6, the term "... charges, expenses and attorney fees relating to or growing out of such default ..." shall include but not necessarily be limited to the cost of obtaining, after the filing of a notice of default but prior to the foreclosure sale, a "Phase I" environmental site assessment of the Property by a qualified environmental professional and, if warranted in the opinion of such professional, a "Phase II" assessment. The aggregate of all such amounts, including interest, shall be secured by the lien of this Deed of Trust. 4.7 Defense of Actions and Payment of Costs. Borrower shall appear in and defend all actions and proceedings purporting to affect the Property or any right or power of the Beneficiary or Trustee hereunder, provided that the Beneficiary and Trustee, or either of them, may appear in and defend any such action or proceeding and the Beneficiary is authorized to pay, purchase or compromise on behalf of Borrower any lien or claim which in its judgment appears to or purports to affect the security of or to be superior to this Deed of Trust. Borrower shall pay on demand all sums so expended and all charges, expenses and attorney fees incurred, with interest from the date of expenditure at the lesser amount of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum. Borrower shall give the Beneficiary prompt written notice in writing of. (i) the assertion of any claim; (ii) the filing of an action or proceeding; (iii) the occurrence of any damage to any of the Property; (iv) any condemnation; and (v) any other material nonmonetary default. 5. IT IS MUTUALLY AGREED THAT: 5.1 Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of. (a) taking of all or any part of, or any interest in the Property by or under assertion of the power of eminent domain; (b) any damage to or destruction of the Property, or any part thereof by insured casualty; and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any such sums, and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its option. Subject to the rights of senior lienholders, the Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Borrower upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the amounts collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust. Notwithstanding the foregoing, and except as stated below, the Beneficiary shall permit the Borrower to use amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) to restore the Property to its condition immediately preceding the event subject to the following conditions: within forty-five (45) days (or such longer period as may be necessary in the Beneficiary's reasonable discretion) after any event described in subparagraphs 5.1(a) or 5.1(b) above, Borrower shall deliver to the Beneficiary, in form and substance reasonably satisfactory to the Beneficiary: (i) a written plan for the repair, restoration or replacement of the Property (any such repair, restoration or replacement being referred to as a "Restoration"), including the estimated cost of the Restoration and schedule of completion; (ii) if requested by the Beneficiary, a copy of the plans and specifications for the Restoration; (iii) if required by any senior lender, a performance bond and labor and material payment bond for the work acceptable to the Beneficiary; (iv) evidence acceptable to the Beneficiary that after completion of the work, the income from the Property will be sufficient to pay all expenses of the Property and to pay and perform any and all applicable conditions under the DDA; (v) evidence of continuation of leases acceptable to the Beneficiary; (vi) evidence acceptable to the Beneficiary that upon completion of the work, the size, capacity, quality, value and general utility of the Property will be equal to or greater than the condition of the Property before the casualty occurred; (vii) evidence of satisfaction of any additional conditions or requirements that the Beneficiary may establish to protect its security; and (viii) such other documents and information relating to the Restoration as the Beneficiary may request. However, if the Borrower fails to meet any of the conditions listed in this subparagraph, or the amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) are insufficient to restore the Property to its condition immediately preceding the event, or if the Beneficiary determines that its security interest in the Property is substantially impaired, then subject to the rights of senior lienholders, the Beneficiary may, in its sole discretion, apply such sums, in whole or in part, to any indebtedness or obligations secured hereby. 5.2 Sales and Encumbrances Prohibited. Except as expressly provided in the DDA or Regulatory Agreement, Borrower shall not make any sale, assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance or mortgaging, of the Property, or any part thereof or of any of its interest therein, without the prior written consent of the Beneficiary, which consent may be granted or withheld in the sole unfettered discretion of the Beneficiary, and may be conditioned upon the satisfaction of such terms and conditions as the Beneficiary may prescribe. 5.3 Sale or Forbearance. No sale of the Property, forbearances on the part of the Beneficiary or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Borrower either in whole or in part. 5.4 Late Payment. The Beneficiary's acceptance of late payment of any sum shall not constitute a waiver of its rights to require prompt payment when due of all other indebtedness, or to declare a default for any failure so to pay, or to proceed with foreclosure or sale for any other default then existing. The Beneficiary's acceptance of partial payment of any sum after default shall not cure such default or affect any notice of default unless such notice of default is expressly revoked in writing by the Beneficiary. 5.5 The Beneficiary's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) the Beneficiary may, at its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness; (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness; and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof, and Trustee, acting pursuant to the written request of the Beneficiary, may reconvey all or any part of the Property, consent to the making of any map or plat thereof, join in granting any easement thereon, or join in any such agreement of extension or subordination. 5.6 Reconve. ate. Upon a sale of a home developed by Borrower on the Property in accordance with the Regulatory Agreement between Borrower and Beneficiary, Beneficiary shall reconvey this Deed of Trust with respect to the subdivided parcel and improvements thereon comprising such home being sold, provided that a new deed of trust in favor of Beneficiary is recorded against said home (as contemplated by the Regulatory Agreement). Additionally, upon written request of the Beneficiary stating that all sums and obligations secured hereby have been discharged, or otherwise as requested in writing by the Beneficiary, and upon surrender of this Deed of Trust and the Promissory Note and any additional loan notes to Trustee for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey, without warranty, the Property or that part thereof then held hereunder. The recitals in any reconveyance shall be conclusive proof of their truthfulness and the grantee in any such reconveyance may be described "as the person or persons legally entitled thereto." When the Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all of the rents, royalties, issues, accounts and profits of the Property to the person or persons legally entitled thereto unless such reconveyance expressly provides to the contrary. 5.7 Events of Default. Any one or more of the following events shall constitute a default under this Deed of Trust, subject to any notice and/or cure period provided for in the Loan Documents: (a) uncured default under the Regulatory Agreement; or (b) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (c) failure of Borrower to observe or to perform any covenant, condition or agreement to be observed or performed by Borrower pursuant to the Secured Obligations; or (d) any representation or warranty made by the Borrower proves to be intentionally false or misleading in any material respect; or (e) bankruptcy or insolvency of Borrower; or (f) the occurrence of any event which, under the terms of the Secured Obligations, shall entitle the Beneficiary to exercise the rights or remedies thereunder. Notwithstanding the foregoing, other than the failure to pay principal or interest due under the Promissory Note, and any failure to cure a default under the Regulatory Agreement not cured within any applicable cure period specified therein, Borrower shall have the right to cure any default, under this Deed of Trust within thirty (30) days of written notice or within any period provided by statute, whichever is longer. 5.8 Acceleration and Sale. (a) Acceleration. In the event of any default as set forth in paragraph 5.7 above, the Beneficiary, without demand on Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to Borrower or by executing and recording or by causing the Trustee to execute and record a notice of default and election to cause the Property, and any personal property secured hereby, either separately or together, to be sold to satisfy the obligations secured hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by any other appropriate manner; (b) Sale. After delivery to Trustee of a notice of default and demand for sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Borrower, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Beneficiary, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee, and after deducting all costs, expenses and fees of Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the principal indebtedness hereby secured, whether evidenced by the Promissory Note or otherwise, or representing advances made or costs or expenses paid or incurred by the Beneficiary under this Deed of Trust, or the Secured Obligations or any other instrument evidencing or securing any indebtedness hereby secured and to the payment of all other sums then secured hereby, including interest as provided in this Deed of Trust, the Secured Obligations or any other such instrument, in such order as the Beneficiary shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. 5.9 Entry Possession and Receivership. In the event of any default hereunder that has not been cured following written notice and expiration of the applicable cure period, and irrespective of whether the Beneficiary accelerates the maturity of all indebtedness secured hereby or files a notice of default hereunder, the Beneficiary at any time, without notice of demand or regard to the adequacy of any security for the indebtedness and obligations hereby secured, in person, or by any agent or employee, or by receiver appointed by court, may enter upon and take the possession of the Property or any part thereof and Borrower agrees to surrender such possession to the Beneficiary, and perform any acts, including the right to rent, lease, operate and maintain any part of all of the Property, which the Beneficiary deems necessary or proper to conserve the Property, and may sue for or otherwise collect and receive all rents, royalties, issues, accounts and profits thereof, including those past due as well as those accruing thereafter. Borrower hereby presently assigns to the Beneficiary, absolutely and regardless of possession of the Property, all rents and other monies now due or hereafter to become due under any lease or agreement or otherwise for the use or occupation of all or any part of the Property, now existing or hereafter made, reserving to Borrower only the right, prior to any such default, to collect and retain such rents as they become due, but not otherwise. Borrower shall on demand execute such further assignments to the Beneficiary of any or all such leases, agreements, rents or monies as the Beneficiary may require, and deliver to the Beneficiary a fully executed original of any or all such leases or agreements. The Beneficiary, in person, or by any agent, employee or receiver, may also take possession of, and for these purposes use, any and all of Borrower's personal property contained in or on the Property and used by Borrower in the operation, rental or leasing thereof or any part thereof. The expenses (including, but not limited to, receiver's fees, attorney fees and agent's compensation) incurred by the Beneficiary pursuant to the power herein contained shall be secured hereby. The Beneficiary may bring or defend any legal action in connection with the Property, as it may deem proper, and may, from time to time, make all necessary or proper repairs, replacements and alterations to the Property, as to it may seem judicious, and may insure and reinsure the same, and may lease the Property or any part or parts thereof in such parcels and for such periods and on such terms as to it may seem fit, including leases for terms expiring after the maturity of the indebtedness hereby secured, and may terminate and lease for any cause which would entitle Borrower to terminate it. After deducting the expenses of managing and operating the same and all maintenance, repairs, replacements and alterations and all payments which may be made for taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property or any part thereof, including fair and reasonable compensation for attorneys and for agents employed by the Beneficiary to manage and operate the Property, the Beneficiary may apply any and all remaining funds to the payment of the indebtedness hereby secured in such order and proportion as the Beneficiary may determine. Neither application of said amounts to such indebtedness nor any other action taken by the Beneficiary under this subparagraph shall cure or waive any default hereunder or nullify the effect of any such notice of default or invalidate any act done pursuant to such notice or any cause of action to foreclose this Deed of Trust. The right to enter and take possession of the Property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. The Beneficiary shall be liable to account only for such rents, royalties, issues, accounts and profits actually received by it. 5.10 Attorneys' Fees. If Trustee or the Beneficiary shall be made parties to or shall intervene in any action or proceeding affecting the Property or the title thereto or the interest of Trustee or the Beneficiary under this Deed of Trust, or if the Beneficiary employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Beneficiary shall be reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges and attorney fees incurred by them or either of them in any such case whether or not suit be commenced, and the same, together with interest thereon from the date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be secured hereby as provided in paragraphs 4.5, 4.6, and 4.7. 5.11 Exercise of Remedies; Delay. No exercise of any right or remedy by the Beneficiary or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Beneficiary or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 5.12 Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Beneficiary, to be exercised at any time hereafter, without specifying any reason therefor by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Beneficiary deems advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally named as trustee or as one of the trustees. 5.13 Uniform Commercial Code Security Agreement, Financing Statement and Fixture Filing. (a) This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of the Beneficiary as secured parry for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants the Beneficiary a security interest in said items. This Deed of Trust is filed as a fixture filing and covers goods which are or are to become fixtures. The address of the Beneficiary (secured party) from which information concerning the security interest may be obtained and the mailing address of Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are described in paragraph 1 of this Deed of Trust. Borrower agrees that the Beneficiary may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to the Beneficiary, upon the Beneficiary's request, and further authorizes the Beneficiary to file, with or without Borrower's signature, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this instrument in such form as the Beneficiary may require to perfect a security interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of the Beneficiary, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto, except as otherwise expressly permitted in the Loan Documents. Upon an acceleration as provided in paragraph 5.8, the Beneficiary shall have the remedies of a secured party under the Uniform Commercial Code and, at the Beneficiary's option, may also invoke the other remedies provided in this Deed of Trust and Loan Documents as to such items. In exercising any of said remedies, the Beneficiary may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of the Beneficiary's rights or remedies under the Uniform Commercial Code or of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law. Borrower agrees that the filing of any financing statement in the records normally having to do with personal property shall not be construed as anywise derogating from or impairing this Deed of Trust and the intention of the parties hereto that those portions of the Property herein declared part of the real estate are, and at all times and for all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether any such item is physically attached to the improvements or any such item is referred to or reflected in any such financing statement so filed at any time. (b) Similarly, the mention in any such financing statement of (i) compensation for damage to or destruction of the Property by insured casualty, or (ii) any judgment, award, or other compensation for a taking of the Property by eminent domain, or (iii) the rents, royalties, issues, accounts and profits of the Property under leases, shall never be construed as altering in any manner any of the Beneficiary's rights as determined by this Deed of Trust or impugning the priority of the Beneficiary's lien granted hereby or by any other recorded document, but such mention in the financing statement is declared to be for the protection of the Beneficiary in the event that any court or judge shall at any time hold with respect to (i), (ii) or (iii) of this paragraph that notice of the Beneficiary's priority of interest to be effective against a particular class of person, including without limitation the federal government or any subdivision or entity thereof, must be filed as provided for in the Uniform Commercial Code. 5.14 Remedies Cumulative. No remedy herein contained or conferred upon the Beneficiary or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the Beneficiary or Trustee but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. 5.15 Successors, Assigns, Gender, Number. The covenants and agreements herein contained shall bind, and the benefit and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. 5.16 Headings. The headings are inserted only for convenience of reference and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof. 5.17 Actions on Behalf of the Beneficiary. Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Beneficiary is required or permitted under this Deed of Trust, such action shall be in writing. 5.18 Terms. The words "the Beneficiary" means the Beneficiary or any future owner or holder, including pledgee, of the indebtedness secured hereby. 5.19 Obligations of Borrower. If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several. 5.20 Miscellaneous Provisions. (a) Beneficiary Statement. The Beneficiary shall charge a fee for furnishing the statement in accordance with California Civil Code Section 2943. (b) Severability. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. (c) Indemnification. Borrower shall indemnify and hold the Beneficiary, its officers and agents, harmless against any and all losses, claims, demands, penalties and liabilities which the Beneficiary, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Beneficiary, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Beneficiary, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust. Borrower shall pay the Beneficiary upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Beneficiary as a result of any legal action arising out of this Deed of Trust. Notwithstanding the foregoing, the Borrower shall not be obligated to indemnify the Beneficiary against loss to the extent resulting from the active negligence or willful misconduct of the Beneficiary. (d) Estoppel Certificate. When requested by the Beneficiary, from time to time, the Borrower shall execute an estoppel certificate in favor of the Beneficiary, which certificate shall certify as to the absence of any default by the Beneficiary in the performance of its obligations hereunder or, if any such defaults exist, their existence as of the date of the certificate. (e) Set-off. Borrower shall not, under any circumstances, fail or delay to perform (or resist the enforcement of) any of its obligations to the Beneficiary in connection with this Deed of Trust or any other contract, note or instrument executed by Borrower in favor of the Beneficiary because of any alleged offsetting claim or cause of action against the Beneficiary (or any indebtedness or obligation of the Beneficiary) which has not been confirmed in a final judgment of a court of competent jurisdiction (sustained on appeal, if any) against the Beneficiary. Borrower hereby waives any such rights of set-off (or offset) which it might otherwise have with respect to any such claims or causes of action against the Beneficiary or any such obligations or indebtedness of the Beneficiary, unless and until such right of set-off (or offset) is confirmed and liquidated by such final judgment. Borrower further waives any right which it might otherwise have (if any) to require a marshalling of any security of the Beneficiary, or to direct the order in which the Beneficiary pursues its rights or remedies with respect to any of its security. 5.21 Priority. This Deed of Trust, regardless of order of recordation, is junior and subordinate to the Regulatory Agreement recorded substantially contemporaneously herewith. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. Borrower shall be deemed to have requested that a copy of any notice of default and of any notice of sale hereunder be mailed to it at its address in the first paragraph of this Deed of Trust. BORROWER: HABITAT FOR HUMANITY INLAND VALLEY, INC. ME Tammy Marine, Executive Director Exhibit A - Legal Description CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Exhibit A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) 11086-0001 \2783528v4.doc EXHIBIT "I" FORM OF BUYER PROMISSORY NOTE (Attached.) 11086-0001 \2783528v4.doc SECURED PROMISSORY NOTE , 202 Temecula, California $210,166.66 FOR VALUE RECEIVED, the undersigned (collectively, and jointly and severally, "Maker"), whose address is , promises to pay to the order of the CITY OF TEMECULA, a municipal corporation ("Payee" or "City", as successor to the housing assets of the former Temecula redevelopment agency), at 41000 Main Street, Temecula, CA 92590, or at such other place as the holder of this Note from time to time may designate in writing, the principal sum of TWO HUNDRED TEN THOUSAND ONE HUNDRED SIXTY- SIX AND 66/100 DOLLARS ($210,166.66), together with interest on the outstanding principal amount of this promissory note (the "Buyer Note"), at the "Applicable Interest Rate," as defined below, in lawful money of the United States of America. This Buyer Note is being delivered to City pursuant to the terms of that certain Affordable Housing Covenant and Regulatory Agreement between City and Habitat for Humanity Inland Valley, Inc. ("Habitat Regulatory Agreement"). THE LOAN EVIDENCED BY THIS BUYER NOTE REPRESENTS THE AMOUNT OF FINANCIAL ASSISTANCE (FROM HOUSING SUCCESSOR LOW INCOME HOUSING SET ASIDE FUNDS) PROVIDED BY CITY AS A PURCHASE MONEY LOAN FOR LAND AND AS A CONSTRUCTION LOAN ALLOCABLE TO THE HOME (INCLUDING LAND) SECURING THIS BUYER NOTE; THE AMOUNT OF THE SECURED PROMISSORY NOTE EXECUTED BY HABITAT FOR HUMANITY INLAND VALLEY, INC. IS BEING REDUCED CONCURRENTLY HEREWITH BY THE AMOUNT OF THIS BUYER NOTE AND THE DEED OF TRUST SECURING SUCH SECURED PROMISSORY NOTE IS BEING RECONVEYED FROM THE HOME AND LAND CONCURRENTLY HEREWITH, AND CITY WOULD NOT SO REDUCE SUCH LOAN OR PARTIALLY RECONVEY SUCH DEED OF TRUST UNLESS MAKER EXECUTED AND DELIVERED THIS BUYER NOTE AND THE DEED OF TRUST ENCUMBERING THE HOME (INCLUDING LAND) THAT IS TO SECURE THIS BUYER NOTE. This Buyer Note will come due upon an uncured default by Buyer under that certain Affordable Housing Covenant and Regulatory Agreement executed by Buyer ("Buyer Regulatory Agreement") and recorded against the home securing this Buyer Note (which is replacing the Habitat Regulatory Agreement, described in the first paragraph above, with respect to the home and related land). "Applicable Interest Rate" means three percent (3%) per annum, simple interest, except that amounts not paid when due shall accrue interest from the date due until the date paid at the lesser of. (i) seven percent (7%) per annum, simple interest, or (ii) the maximum rate permitted by applicable law. 1. Payments. No payments under this Buyer Note shall be due and payable unless and until there is an uncured default by Maker under the Buyer Regulatory Agreement (which has a term of 45 years, and is dated substantially concurrently herewith). 11086-0001 \2783528v4.doe 2. Secured by Deed of Trust. Repayment of this Buyer Note is secured by a deed of trust (the "Buyer Deed of Trust") of this date executed by Maker for the benefit of Payee encumbering the applicable home (including land) purchased by Maker from Habitat for Humanity Inland Valley, Inc. (the "Property"). 3. Prepayment. Maker shall have the right to prepay amounts owing under this Buyer Note at any time, without penalty or premium. 4. Due on Sale or Encumbrance. In the event of any Transfer (as defined below) of the Property, or any portion thereof or interest therein during the term of the Buyer Regulatory Agreement that violates the Buyer Regulatory Agreement (it being understood that certain Transfers are permitted by the Buyer Regulatory Agreement), Payee shall have the absolute right at its option, without prior demand or notice, to declare all sums secured hereby immediately due and payable. As used herein, the term "Transfer" means and includes the direct or indirect sale, transfer, conveyance, assignment, or other alienation of the Property, or any portion thereof or interest therein, whether voluntary, involuntary, by operation of law or otherwise, or the lease of all or substantially all of the Property or of all or substantially all of the improvements located thereon 5. Miscellaneous. (a) Governing Law. All questions with respect to the construction of this Buyer Note and the rights and liabilities of the parties to this Buyer Note shall be governed by the laws of the State of California. (b) Attorneys' Fees. (i) Maker shall reimburse Payee for all reasonable attorneys' fees, costs and expenses, incurred by Payee in connection with the enforcement of Payee's rights under this Buyer Note, including, without limitation, reasonable attorneys' fees, costs and expenses for trial, appellate proceedings, out -of -court negotiations, workouts and settlements or for enforcement of rights under any state or federal statute, including, without limitation, reasonable attorneys' fees, costs and expenses incurred to protect Payee's security and attorneys' fees, costs and expenses incurred in bankruptcy and insolvency proceedings such as (but not limited to) seeking relief from stay in a bankruptcy proceeding. The term "expenses" means any expenses incurred by Payee in connection with any of the out -of -court, or state, federal or bankruptcy proceedings referred to above, including, without limitation, the fees and expenses of any appraisers, consultants and expert witnesses retained or consulted by Payee in connection with any such proceeding. (ii) Payee shall also be entitled to its attorneys' fees, costs and expenses incurred in any post judgment proceedings to collect and enforce the judgment. This provision is separate and several and shall survive the merger of this Buyer Note into any judgment on this Buyer Note. (d) Entire Agreement. This Buyer Note, the Buyer Deed of Trust (securing this Buyer Note), and the Buyer Regulatory Agreement constitute the entire agreement and understanding between Maker and City in respect of the subject matter of such agreements and 11086-0001 \2783528v4.doe supersede all prior agreements and understandings with respect to such subject matter, whether oral or written. (e) Time of the Essence. Time is of the essence with respect to every provision hereof. (f) Waivers by Maker. Except as otherwise provided in any agreement executed in connection with this Buyer Note, Maker waives: presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses or losses and interest thereon; and diligence in taking any action to collect any sums arising under this Buyer Note or in any proceeding against any of the rights or interests in or to properties securing payment of this Buyer Note. (g) Non -waivers. No previous waiver and no failure or delay by Maker in acting with respect to the terms of this Buyer Note or the Buyer Deed of Trust shall constitute a waiver of any breach, default, or failure of condition under this Buyer Note, the Buyer Deed of Trust or the obligations secured thereby. A waiver of any term of this Buyer Note, the Buyer Deed of Trust or of any of the obligations secured thereby must be made in writing and shall be limited to the express written terms of such waiver. In the event of any inconsistencies between the terms of this Buyer Note and the terms of any other document related to the loan evidenced by this Buyer Note, the terms of this Buyer Note shall prevail. MAKER: 11086-0001 \2783528v4.doc EXHIBIT "J" FORM OF BUYER DEED OF TRUST (Attached.) 11086-0001\2783528v4.doc J-1 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL DOCUMENT TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk with a copy to: APN: SPACE ABOvE THIS LINE FOR RECORDER'S USE FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY AGREEMENT AND FIXTURE FILING This Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing (the "Deed of Trust") is dated for reference purposes as of , 2023, and is executed by (the "Borrower"), whose address is Temecula, CA to First American Title Insurance Company (the "Trustee"), for the benefit of the CITY OF TEMECULA, whose office is at 41000 Main Street, Temecula, CA 92590 ("Beneficiary"). 1. BORROWER HEREBY IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower's right, title and interest now held or hereafter acquired in and to the following: (a) all of that certain real property located in the City of Temecula, County of Riverside, State of California, described in Exhibit A (attached) which is incorporated herein by this reference; (b) the rents, issues, profits, royalties, income and other benefits derived from use or occupancy of the Property (defined below); (c) all appurtenances, easements, rights of way and rights now owned or hereafter acquired by Borrower as they relate to the Property; (d) all rights title and interest of Borrower now owned or hereinafter acquired, in and to any land lying within the right of way of any street, open or proposed, adjoining all or any portion of the land on which the Property is located, and any and all sidewalks, alleys and strips of land adjacent to or used in connection with the Property; and (e) all buildings, improvements and fixtures now or hereafter erected thereon, and all appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in connection with such real property and owned by Borrower or in which Borrower has an interest, together with all additions to, substitutions for, changes in or replacements of the whole or any part of said articles of property (all of which real and personal property are sometimes referred to as the "Property"); all of which are hereby pledged and assigned, transferred, and set over unto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided, however, that furniture and other personal property of tenants of dwelling units in the buildings now or hereafter situated on said real property are not intended to be included within this Deed of Trust except to the extent of Borrower's interest therein. 2. BORROWER HEREBY ABSOLUTELY, UNCONDITIONALLY AND IRREVOCABLY ASSIGNS to the Beneficiary, subject to the rights of senior lienholders, all rents, royalties, issues, accounts and profits of or relating to the Property and all of Borrower's interest under all leases, subleases, rental agreements and other contracts and occupancy agreements relating to construction, use and possession for the purposes and upon the terms and conditions hereinafter set forth. This assignment is absolute, primary and direct and is not intended to be a separate or secondary pledge, or other form of additional security, and no further act or step is or shall be required of the Beneficiary to perfect this assignment. Notwithstanding the foregoing, the Beneficiary confers upon Borrower a license to collect and retain the rents, issues and profits of the Property as they become due and payable until an Event of Default (defined below in Section 5.7), upon the occurrence of which said license shall be automatically revoked. This assignment shall not impose upon the Beneficiary any duty to cause the Property to produce rents nor shall the Beneficiary be deemed to be a mortgagee in possession by reason thereof for any purpose. 3. THE ABOVE GRANT, TRANSFER, AND ASSIGNMENTS ARE FOR THE PURPOSE OF SECURING: (a) Payment of the indebtedness evidenced by that certain promissory note (the "Promissory Note") of Borrower in favor of Beneficiary in the face amount of $210,166.66, together with interest on such indebtedness according to the terms of the Promissory Note, and any or all amendments, modifications, extensions or renewals of the Promissory Note and the indebtedness and all other sums becoming due and payable to the Beneficiary, or Trustee, pursuant to the terms of this Deed of Trust. (b) Payment of such additional indebtedness, when evidenced by a promissory note or notes reciting the same to be secured by this Deed of Trust, together with interest, as the Beneficiary at its sole discretion may advance to Borrower, or its successor in interest, from time to time and payment or performance of such other obligations as the then record owner of the Property may agree to pay or perform when evidenced by a promissory note or other instrument or agreement reciting that it is secured hereby. (c) Performance and observance of all of the terms, covenants and conditions to be performed or observed by Borrower under this Deed of Trust or the Promissory Note ("Secured Obligations"), it being understood that outstanding principal and accrued interest under the Promissory Note shall become due and payable upon an uncured default by Borrower under that certain document entitled Affordable Housing Covenant and Regulatory Agreement executed among the Borrower, Habitat for Humanity Inland Valley, Inc. and the Beneficiary and recorded against the Property substantially concurrently herewith . (d) Payment of all other obligations owed by Borrower to Beneficiary that by their terms recite that they are secured by this Deed of Trust, including those incurred as primary obligor or as guarantor. 4. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, BORROWER AGREES: 4.1 Maintenance of the Property. (a) To keep the Property in a decent, safe, sanitary, rentable and tenantable condition and repair and permit no waste thereof; (b) Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable; (c) Not to construct any buildings or improvements on the Property, or add to, remove, demolish or structurally alter any buildings and improvements now or hereinafter located on the Property; (d) To repair, restore or rebuild promptly any buildings or improvements on the Property that may become damaged or be destroyed while subject to the lien of this Deed of Trust, subject to available insurance proceeds or other available financing; (e) To comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and not to suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property; (f) Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Beneficiary's prior written consent; and (g) Not to materially alter the use of all or any part of the Property without the prior written consent of the Beneficiary. 4.2 Insurance. (a) To keep the Property insured, with loss payable to the Beneficiary, subject to the rights of senior lienholders, against loss or damage by fire and such other hazards, casualties and contingencies and by such companies, on such forms and in such amounts as the Beneficiary may from time to time require, and upon request to deliver the original of all such policies to the Beneficiary, together with receipts satisfactory to the Beneficiary evidencing payment of the premiums. Specific insurance requirements may be found at http://www.calhfa.ca.gov/multifamily/. In addition, all such policies shall provide that the Beneficiary shall be given thirty (30) days advance written notice of the cancellation, expiration or termination of any such policy or any material change in the coverage afforded by sit. Renewal policies and any replacement policies, together with premium receipts satisfactory to the Beneficiary, shall be delivered to the Beneficiary at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the Beneficiary shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. THE BENEFICIARY HEREBY DISCLOSES TO BORROWER IN WRITING THAT UNDER SECTION 2955.5 OF THE CALIFORNIA CIVIL CODE: "No lender shall require a borrower, as a condition of receiving or maintaining a loan secured by real property, to provide hazard insurance coverage against risks to the improvements on that real property in an amount exceeding the replacement value of the improvements on the property." (b) Subject to the rights of senior lienholders, effective on the occurrence of any Event of Default, all of Borrower's right, title and interest in all policies of property insurance and any unearned premiums paid are assigned to the Beneficiary, who may assign them to any purchaser of the Property at any foreclosure. 4.3 Payment of Taxes and Utility Charges. To pay, at least ten (10) days prior to delinquency, all taxes and assessments, both general and special, fines, penalties, levies and charges of every type or nature levied upon or assessed against any part of the Property or upon Trustee's or the Beneficiary's interest in the Property. The Borrower shall have the right to contest in good faith any such amounts but in no event shall Borrower allow penalties or such other charges accrue because of late payments. 4.4 Payment and Discharge of Liens. Borrower shall pay, when due, all claims of every kind and nature which might or could become a lien on the Property or any part thereof and shall not at any time create or allow to exist any lien on the Property or any part thereof of any kind or nature other than this Deed of Trust; provided, however, that the following are excepted from this prohibition: (a) liens for taxes and assessments which are not delinquent although by law are given the status of a lien; (b) such of the above claims as are, and only during the time they are being contested by Borrower in good faith and by appropriate legal proceedings; and (c) those matters affecting title which appeared in the title insurance policy or binder delivered to the Beneficiary at the time of recording of this Deed of Trust or which have at any time been consented to in writing by the Beneficiary. Borrower shall post security for the payment of these contested claims as may be requested by the Beneficiary. 4.5 Rights of Beneficiary to Remedy Defaults. If Borrower defaults in payment of any tax, assessment, lien, encumbrance, claim, insurance premium, or any other proper charge, in whole or in part, or defaults in the performance of any of the Secured Obligations, the Beneficiary at any time and from time to time, with or without notice to or demand upon Borrower, may make such payments or perform any such acts required of Borrower, to such extent and in any form or manner deemed expedient by the Beneficiary, and pay any other sums, expenses and charges, including attorney fees, necessary to protect the Property and the lien of this Deed of Trust, without incurring any obligation so to do or releasing Borrower from any obligations and without waiving or curing any default. The Beneficiary shall be the sole judge of the validity, priority, and amount of any such tax, assessment, lien, premium, claim or charge so paid by it, and the necessity for the performance by the Beneficiary of any such obligation which Borrower was required but failed to perform. The Beneficiary, at its option, shall be subrogated to any tax, assessment, lien, premium, claim or charge which it has paid under these provisions and any such subrogation rights shall be additional and cumulative security to those set forth in the Secured Obligations. In the event that the Property is or becomes encumbered by liens or deed(s) of trust other than this Deed of Trust, then a default under such other lien or deed(s) of trust shall constitute a default under this Deed of Trust. 4.6 Repayment to the Beneficiary. Upon the Beneficiary's payment of any tax, assessment, lien, encumbrance, claim, insurance premium or other charge which Borrower fails to pay, or upon the Beneficiary's performance of any obligation which Borrower fails to perform, all as set forth in paragraph 4.5 above, the amount so paid or the cost of performing any such obligation, together with other sums paid or incurred by the Beneficiary, including charges, expenses and reasonable attorney fees relating to or growing out of such default, with interest thereon from date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be paid by Borrower to the Beneficiary upon written demand. For the purposes of this paragraph 4.6, the term "... charges, expenses and attorney fees relating to or growing out of such default ..." shall include but not necessarily be limited to the cost of obtaining, after the filing of a notice of default but prior to the foreclosure sale, a "Phase I" environmental site assessment of the Property by a qualified environmental professional and, if warranted in the opinion of such professional, a "Phase II" assessment. The aggregate of all such amounts, including interest, shall be secured by the lien of this Deed of Trust. 4.7 Defense of Actions and Payment of Costs. Borrower shall appear in and defend all actions and proceedings purporting to affect the Property or any right or power of the Beneficiary or Trustee hereunder, provided that the Beneficiary and Trustee, or either of them, may appear in and defend any such action or proceeding and the Beneficiary is authorized to pay, purchase or compromise on behalf of Borrower any lien or claim which in its judgment appears to or purports to affect the security of or to be superior to this Deed of Trust. Borrower shall pay on demand all sums so expended and all charges, expenses and attorney fees incurred, with interest from the date of expenditure at the lesser amount o£ (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum. Borrower shall give the Beneficiary prompt written notice in writing of. (i) the assertion of any claim; (ii) the filing of an action or proceeding; (iii) the occurrence of any damage to any of the Property; (iv) any condemnation; and (v) any other material nonmonetary default. 5. IT IS MUTUALLY AGREED THAT: 5.1 Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of. (a) taking of all or any part of, or any interest in the Property by or under assertion of the power of eminent domain; (b) any damage to or destruction of the Property, or any part thereof by insured casualty; and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be paid to the Beneficiary. The Beneficiary is authorized and empowered (but not required) to collect and receive any such sums, and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the Beneficiary shall determine at its option. Subject to the rights of senior lienholders, the Beneficiary shall be entitled to settle and adjust all claims under insurance policies provided under this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the Beneficiary may be released to Borrower upon such conditions as the Beneficiary may impose for its disposition. Application of all or any part of the amounts collected and received by the Beneficiary or the release thereof shall not cure or waive any default under this Deed of Trust. Notwithstanding the foregoing, and except as stated below, the Beneficiary shall permit the Borrower to use amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) to restore the Property to its condition immediately preceding the event subject to the following conditions: within forty-five (45) days (or such longer period as may be necessary in the Beneficiary's reasonable discretion) after any event described in subparagraphs 5.1(a) or 5.1(b) above, Borrower shall deliver to the Beneficiary, in form and substance reasonably satisfactory to the Beneficiary: (i) a written plan for the repair, restoration or replacement of the Property (any such repair, restoration or replacement being referred to as a "Restoration"), including the estimated cost of the Restoration and schedule of completion; (ii) if requested by the Beneficiary, a copy of the plans and specifications for the Restoration; (iii) if required by any senior lender, a performance bond and labor and material payment bond for the work acceptable to the Beneficiary; (iv) evidence acceptable to the Beneficiary that after completion of the work, the income from the Property will be sufficient to pay all expenses of the Property; (v) evidence acceptable to the Beneficiary that upon completion of the work, the size, capacity, quality, value and general utility of the Property will be equal to or greater than the condition of the Property before the casualty occurred; (vi) evidence of satisfaction of any additional conditions or requirements that the Beneficiary may establish to protect its security; and (vii) such other documents and information relating to the Restoration as the Beneficiary may request. However, if the Borrower fails to meet any of the conditions listed in this subparagraph, or the amounts received as a consequence of any event described in subparagraphs 5.1(a) and 5.1(b) are insufficient to restore the Property to its condition immediately preceding the event, or if the Beneficiary determines that its security interest in the Property is substantially impaired, then subject to the rights of senior lienholders, the Beneficiary may, in its sole discretion, apply such sums, in whole or in part, to any indebtedness or obligations secured hereby. 5.2 Sales and Encumbrances Prohibited. Except as expressly provided in the Regulatory Agreement, Borrower shall not make any sale, assignment or conveyance, or transfer in any other form, nor any further pledge, encumbrance or mortgaging, of the Property, or any part thereof or of any of its interest therein, without the prior written consent of the Beneficiary, which consent may be granted or withheld in the sole unfettered discretion of the Beneficiary, and may be conditioned upon the satisfaction of such terms and conditions as the Beneficiary may prescribe. 5.3 Sale or Forbearance. No sale of the Property, forbearances on the part of the Beneficiary or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Borrower either in whole or in part. 5.4 Late Payment. The Beneficiary's acceptance of late payment of any sum shall not constitute a waiver of its rights to require prompt payment when due of all other indebtedness, or to declare a default for any failure so to pay, or to proceed with foreclosure or sale for any other default then existing. The Beneficiary's acceptance of partial payment of any sum after default shall not cure such default or affect any notice of default unless such notice of default is expressly revoked in writing by the Beneficiary. 5.5 The Beneficiary's Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) the Beneficiary may, at its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness; (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness; and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof, and Trustee, acting pursuant to the written request of the Beneficiary, may reconvey all or any part of the Property, consent to the making of any map or plat thereof, join in granting any easement thereon, or join in any such agreement of extension or subordination. 5.6 Reconve. ate. Upon a sale of the Property in accordance with the Regulatory Agreement between Borrower and Beneficiary or the lapse of 45 years from the date of initial sale of the Property by Habitat for Humanity Inland Empire, Inc., Beneficiary shall reconvey this Deed of Trust with respect to the Property and improvements thereon provided that (except in the case of the lapse of 45 years) a new promissory note and deed of trust and Regulatory Agreement executed by the new buyer in favor of Beneficiary is delivered, and such deed of trust and Regulatory Agreement is recorded against said home (as contemplated by the Regulatory Agreement), and such new Regulatory Agreement is not subordinate or subordinated to any deeds of trust. Additionally, upon written request of the Beneficiary stating that all sums and obligations secured hereby have been discharged, or otherwise as requested in writing by the Beneficiary, and upon surrender of this Deed of Trust and the Promissory Note and any additional loan notes to Trustee for cancellation, and upon payment to Trustee of its fees and expenses, Trustee shall reconvey, without warranty, the Property or that part thereof then held hereunder. The recitals in any reconveyance shall be conclusive proof of their truthfulness and the grantee in any such reconveyance may be described "as the person or persons legally entitled thereto." When the Property has been fully reconveyed, the last such reconveyance shall operate as a reassignment of all of the rents, royalties, issues, accounts and profits of the Property to the person or persons legally entitled thereto unless such reconveyance expressly provides to the contrary. 5.6 Events of Default. Any one or more of the following events shall constitute a default under this Deed of Trust, subject to any notice and/or cure period provided for in the Loan Documents: (a) uncured default under the Regulatory Agreement; (b) failure of the Borrower to pay the indebtedness secured hereby or any installment thereof, whether principal, interest or otherwise, when and as the same become due and payable, whether at maturity or by acceleration or otherwise; or (c) failure of Borrower to observe or to perform any covenant, condition or agreement to be observed or performed by Borrower pursuant to the Secured Obligations; or (d) any representation or warranty made by the Borrower proves to be intentionally false or misleading in any material respect; or (e) bankruptcy or insolvency of Borrower; or (f) the occurrence of any event which, under the terms of the Secured Obligations, shall entitle the Beneficiary to exercise the rights or remedies thereunder. Notwithstanding the foregoing, other than the failure to pay principal or interest due under the Promissory Note, and any failure to cure a default under the Regulatory Agreement not cured within any applicable cure period specified therein, Borrower shall have the right to cure any default, under this Deed of Trust within thirty (30) days of written notice or within any period provided by statute, whichever is longer. 5.7 Acceleration and Sale. (a) Acceleration. In the event of any default as set forth in paragraph 5.6 above, the Beneficiary, without demand on Borrower, may declare all sums hereby secured immediately due and payable by notice thereof to Borrower or by executing and recording or by causing the Trustee to execute and record a notice of default and election to cause the Property, and any personal property secured hereby, either separately or together, to be sold to satisfy the obligations secured hereby or by the commencement of an appropriate action to foreclose this Deed of Trust or by any other appropriate manner; (b) Sale. After delivery to Trustee of a notice of default and demand for sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Borrower, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Borrower, Trustee or the Beneficiary, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee, and after deducting all costs, expenses and fees of Trustee and of this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the principal indebtedness hereby secured, whether evidenced by the Promissory Note or otherwise, or representing advances made or costs or expenses paid or incurred by the Beneficiary under this Deed of Trust, or the Secured Obligations or any other instrument evidencing or securing any indebtedness hereby secured and to the payment of all other sums then secured hereby, including interest as provided in this Deed of Trust, the Secured Obligations or any other such instrument, in such order as the Beneficiary shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto. 5.8 Entry Possession and Receivership. In the event of any default hereunder that has not been cured following written notice and expiration of the applicable cure period, and irrespective of whether the Beneficiary accelerates the maturity of all indebtedness secured hereby or files a notice of default hereunder, the Beneficiary at any time, without notice of demand or regard to the adequacy of any security for the indebtedness and obligations hereby secured, in person, or by any agent or employee, or by receiver appointed by court, may enter upon and take the possession of the Property or any part thereof and Borrower agrees to surrender such possession to the Beneficiary, and perform any acts, including the right to rent, lease, operate and maintain any part of all of the Property, which the Beneficiary deems necessary or proper to conserve the Property, and may sue for or otherwise collect and receive all rents, royalties, issues, accounts and profits thereof, including those past due as well as those accruing thereafter. Borrower hereby presently assigns to the Beneficiary, absolutely and regardless of possession of the Property, all rents and other monies now due or hereafter to become due under any lease or agreement or otherwise for the use or occupation of all or any part of the Property, now existing or hereafter made, reserving to Borrower only the right, prior to any such default, to collect and retain such rents as they become due, but not otherwise. Borrower shall on demand execute such further assignments to the Beneficiary of any or all such leases, agreements, rents or monies as the Beneficiary may require, and deliver to the Beneficiary a fully executed original of any or all such leases or agreements. The Beneficiary, in person, or by any agent, employee or receiver, may also take possession of, and for these purposes use, any and all of Borrower's personal property contained in or on the Property and used by Borrower in the operation, rental or leasing thereof or any part thereof. The expenses (including, but not limited to, receiver's fees, attorney fees and agent's compensation) incurred by the Beneficiary pursuant to the power herein contained shall be secured hereby. The Beneficiary may bring or defend any legal action in connection with the Property, as it may deem proper, and may, from time to time, make all necessary or proper repairs, replacements and alterations to the Property, as to it may seem judicious, and may insure and reinsure the same, and may lease the Property or any part or parts thereof in such parcels and for such periods and on such terms as to it may seem fit, including leases for terms expiring after the maturity of the indebtedness hereby secured, and may terminate and lease for any cause which would entitle Borrower to terminate it. After deducting the expenses of managing and operating the same and all maintenance, repairs, replacements and alterations and all payments which may be made for taxes, assessments, liens, claims, insurance premiums, or other proper charges of the Property or any part thereof, including fair and reasonable compensation for attorneys and for agents employed by the Beneficiary to manage and operate the Property, the Beneficiary may apply any and all remaining funds to the payment of the indebtedness hereby secured in such order and proportion as the Beneficiary may determine. Neither application of said amounts to such indebtedness nor any other action taken by the Beneficiary under this subparagraph shall cure or waive any default hereunder or nullify the effect of any such notice of default or invalidate any act done pursuant to such notice or any cause of action to foreclose this Deed of Trust. The right to enter and take possession of the Property, to manage and operate the same, and to collect the rents, issues and profits thereof, whether by a receiver or otherwise, shall be in addition to any other right or remedy hereunder or afforded by law, and may be exercised concurrently therewith or independently thereof. The Beneficiary shall be liable to account only for such rents, royalties, issues, accounts and profits actually received by it. 5.9 Attorneys' Fees. If Trustee or the Beneficiary shall be made parties to or shall intervene in any action or proceeding affecting the Property or the title thereto or the interest of Trustee or the Beneficiary under this Deed of Trust, or if the Beneficiary employs an attorney to collect any or all of the indebtedness hereby secured or to foreclose this Deed of Trust, or authorizes Trustee to conduct trustee's sale proceedings hereunder, then Trustee and the Beneficiary shall be reimbursed by Borrower, immediately and without demand, for all reasonable costs, charges and attorney fees incurred by them or either of them in any such case whether or not suit be commenced, and the same, together with interest thereon from the date of payment at the rate of the lesser of. (a) the maximum rate permitted by law; or (b) ten percent (10%) per annum, shall be secured hereby as provided in paragraphs 4.5, 4.6, and 4.7. 5.10 Exercise of Remedies; Delay. No exercise of any right or remedy by the Beneficiary or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay by the Beneficiary or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof during the continuance of any default hereunder. 5.11 Trustee Substitution. The irrevocable power to appoint a substitute trustee or trustees hereunder is hereby expressly granted to the Beneficiary, to be exercised at any time hereafter, without specifying any reason therefor by filing for record in the office where this Deed of Trust is recorded a deed of appointment, and said power of appointment of successor trustee or trustees may be exercised as often as and whenever the Beneficiary deems advisable. The exercise of said power of appointment, no matter how often, shall not be deemed an exhaustion thereof, and upon recording of such deed or deeds of appointment, the trustee or trustees so appointed shall thereupon, without further act or deed of conveyance, succeed to and become fully vested with identically the same title and estate in and to the Property hereby conveyed and with all the rights, powers, trusts and duties of the predecessor in the trust hereunder, with the like effect as if originally named as trustee or as one of the trustees. 5.12 Uniform Commercial Code Security Agreement, Financing Statement and Fixture (a) This Deed of Trust is a security agreement and financing statement under the Uniform Commercial Code for the benefit of the Beneficiary as secured party for any of the items specified above as part of the Property which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and Borrower hereby grants the Beneficiary a security interest in said items. This Deed of Trust is filed as a fixture filing and covers goods which are or are to become fixtures. The address of the Beneficiary (secured party) from which information concerning the security interest may be obtained and the mailing address of Borrower (debtor) are set forth in this Deed of Trust. The types or items of collateral are described in paragraph 1 of this Deed of Trust. Borrower agrees that the Beneficiary may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to the Beneficiary, upon the Beneficiary's request, and further authorizes the Beneficiary to file, with or without Borrower's signature, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this instrument in such form as the Beneficiary may require to perfect a security interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extensions, renewals, amendments, and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements, and releases thereof, as the Beneficiary may reasonably require. Without the prior written consent of the Beneficiary, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto, except as otherwise expressly permitted in the Loan Documents. Upon an acceleration as provided in paragraph 5.8, the Beneficiary shall have the remedies of a secured party under the Uniform Commercial Code and, at the Beneficiary's option, may also invoke the other remedies provided in this Deed of Trust and Loan Documents as to such items. In exercising any of said remedies, the Beneficiary may proceed against the items of real property and any items of personal property specified above as part of the Property separately or together and in any order whatsoever, without in any way affecting the availability of the Beneficiary's rights or remedies under the Uniform Commercial Code or of the other remedies provided in this Deed of Trust, in the Loan Documents, or by law. Borrower agrees that the filing of any financing statement in the records normally having to do with personal property shall not be construed as anywise derogating from or impairing this Deed of Trust and the intention of the parties hereto that those portions of the Property herein declared part of the real estate are, and at all times and for all purposes and in all proceedings both legal or equitable shall be, regarded as part of the real estate irrespective of whether any such item is physically attached to the improvements or any such item is referred to or reflected in any such financing statement so filed at any time. (b) Similarly, the mention in any such financing statement of (i) compensation for damage to or destruction of the Property by insured casualty, or (ii) any judgment, award, or other compensation for a taking of the Property by eminent domain, or (iii) the rents, royalties, issues, accounts and profits of the Property under leases, shall never be construed as altering in any manner any of the Beneficiary's rights as determined by this Deed of Trust or impugning the priority of the Beneficiary's lien granted hereby or by any other recorded document, but such mention in the financing statement is declared to be for the protection of the Beneficiary in the event that any court or judge shall at any time hold with respect to (i), (ii) or (iii) of this paragraph that notice of the Beneficiary's priority of interest to be effective against a particular class of person, including without limitation the federal government or any subdivision or entity thereof, must be filed as provided for in the Uniform Commercial Code. 5.13 Remedies Cumulative. No remedy herein contained or conferred upon the Beneficiary or Trustee is intended to be exclusive of any other remedy or remedies afforded by law or by the terms hereof to the Beneficiary or Trustee but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. 5.14 Successors, Assigns, Gender, Number. The covenants and agreements herein contained shall bind, and the benefit and advantages shall inure to, the respective heirs, executors, administrators, successors and assigns of the parties. Wherever used, the singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. 5.15 Headings. The headings are inserted only for convenience of reference and in no way define, limit, or describe the scope or intent of this Deed of Trust, or of any particular provision thereof, or the proper construction thereof. 5.16 Actions on Behalf of the Beneficiary. Except as otherwise specifically provided herein, whenever any approval, notice, direction, consent, request or other action by the Beneficiary is required or permitted under this Deed of Trust, such action shall be in writing. 5.17 Terms. The words "the Beneficiary" means the Beneficiary or any future owner or holder, including pledgee, of the indebtedness secured hereby. 5.18 Obligations of Borrower. If more than one person has executed this Deed of Trust as "Borrower," the obligations of all such persons hereunder shall be joint and several. 5.19 Miscellaneous Provisions. (a) Beneficiary Statement. The Beneficiary shall charge a fee for furnishing the statement in accordance with California Civil Code Section 2943. (b) Severability. If any provision of this Deed of Trust shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. (c) Indemnification. Borrower shall indemnify and hold the Beneficiary, its officers and agents, harmless against any and all losses, claims, demands, penalties and liabilities which the Beneficiary, its officers or agents may sustain or suffer by reason of anything done or omitted in good faith pursuant to or in connection with this Deed of Trust and not assert any claim against the Beneficiary, its officers or agents by reason of any action so taken or omitted. Borrower shall, at Borrower's expense, defend, indemnify, save and hold the Beneficiary, its officers and agents harmless from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any person, firm, corporation or other entity arising out of this Deed of Trust. Borrower shall pay the Beneficiary upon demand all claims, judgments, damages, losses or expenses (including reasonable legal expense) incurred by the Beneficiary as a result of any legal action arising out of this Deed of Trust. Notwithstanding the foregoing, the Borrower shall not be obligated to indemnify the Beneficiary against loss to the extent resulting from the active negligence or willful misconduct of the Beneficiary. (d) Estoppel Certificate. When requested by the Beneficiary, from time to time, the Borrower shall execute an estoppel certificate in favor of the Beneficiary, which certificate shall certify as to the absence of any default by the Beneficiary in the performance of its obligations hereunder or, if any such defaults exist, their existence as of the date of the certificate. (e) Set-off. Borrower shall not, under any circumstances, fail or delay to perform (or resist the enforcement of) any of its obligations to the Beneficiary in connection with this Deed of Trust or any other contract, note or instrument executed by Borrower in favor of the Beneficiary because of any alleged offsetting claim or cause of action against the Beneficiary (or any indebtedness or obligation of the Beneficiary) which has not been confirmed in a final judgment of a court of competent jurisdiction (sustained on appeal, if any) against the Beneficiary. Borrower hereby waives any such rights of set-off (or offset) which it might otherwise have with respect to any such claims or causes of action against the Beneficiary or any such obligations or indebtedness of the Beneficiary, unless and until such right of set-off (or offset) is confirmed and liquidated by such final judgment. Borrower further waives any right which it might otherwise have (if any) to require a marshalling of any security of the Beneficiary, or to direct the order in which the Beneficiary pursues its rights or remedies with respect to any of its security. 5.20 Priority. This Deed of Trust, regardless of order of recordation, is junior and subordinate to the Regulatory Agreement recorded substantially contemporaneously herewith. IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth above. Borrower shall be deemed to have requested that a copy of any notice of default and of any notice of sale hereunder be mailed to it at its address in the first paragraph of this Deed of Trust. BORROWER: HABITAT FOR HUMANITY INLAND VALLEY, INC. wo Tammy Marine, Executive Director Exhibit A - Legal Description CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) EXHIBIT "A" DESCRIPTION OF LAND THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) 11086-0001 \2783528v4.doc EXHIBIT "K" FORM OF BUYER REGULATORY AGREEMENT (Attached.) 11086-0001 \2783528v4.doc RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager With copies to: Habitat for Humanity Inland Valley, Inc. 27475 Ynez Road, # 390 Temecula, CA 92591 Attn: Executive Director and to: APN: SPACE ABOVE THIS LINE FOR RECORDER'S USE Recording Fee: Exempt pursuant to California Government Code Section 27383. AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT THIS AFFORDABLE HOUSING COVENANT AND REGULATORY AGREEMENT (this "Agreement") is dated as of , 2023 and is entered into by and among the (the "Owner") and the CITY OF TEMECULA ("CITY") and HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation ("Habitat"). RECITALS A. This Agreement is executed, delivered and recorded under and in accordance with a Disposition and Development Agreement between the Owner and the City ("DDA") because the land sold by City to Habitat pursuant to such DDA was purchased with low income set aside funds, and all or a portion of a construction loan being made by City to Developer under the DDA is being made with low income set aside funds. B. However, this Agreement is also intended to constitute, and shall also serve as a "density bonus agreement" in connection with any density bonus zoning/land use concessions granted by the CITY for the housing project developed by Habitat that include the Affordable Unit encumbered by this Agreement, and consequently, shall not be recorded after, or subordinate (or 11086-0001 \2783528v4.doc subordinated) to, any deeds of trust, including without limitation any deed of trust securing any purchase money loan in favor of Owner. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Definitions. For purposes of this Agreement, the terms listed below shall have the meanings thereinafter specified. (a) Affordable Housing Cost means a housing cost which does not exceed the limits set forth in California Health and Safety Code Section 50052.5(b), as amended from time to time and the applicable regulations for such statute, and for the purposes hereof, the term "housing cost" shall include association fees and shall otherwise have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6920, as such regulation may be amended from time to time, and the term "Gross Income" shall have the meaning ascribed to such term in Title 25 of the California Code of Regulations Section 6914, as such regulation may be amended from time to time, or other applicable regulations. (b) Homeowner or Owner means any person (or persons) who has (or have) purchased the Affordable Unit. (c) Tenant means any person (or persons) who has (or have) leased the Affordable Unit; any such lease shall be a breach and violation of this Agreement, as the Affordable Unit must be and remain owner -occupied. (d) Term means forty-five (45) years from the date of recording hereof. (e) [FOR ONE UNIT J [Low Income Household means a person, family or household that meets the income qualification limits set forth in California Health and Safety Code Section 50079.5 (not more than 80% of AMI, adjusted for family size appropriate to the unit) Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.] [FOR THE OTHERS:] [Very Low Income Household means a person, family or household that meets the income qualification limits set forth in California Health and Safety Code Section 50105 (not more than 50% of AMI, adjusted for family size appropriate to the unit), and Title 25 of the California Code of Regulations Section 6910, et seq., as such statutes and regulations may be amended from time to time, and any successor statutes and regulations thereto.] 2. Restrictions on Sale, Lease, Transfer. Owner shall not sell, convey or transfer any of the Affordable Units or enter into an agreement to do so, except as expressly permitted by the terms of this Agreement. There shall be no leasing of the Affordable Unit; Homeowner must occupy the Affordable Unit as its sole residence. 3. Covenants to Maintain Affordability and Occupancy. During the Term, sales of the Affordable Units by any Homeowner (i.e., any owner of the Affordable Unit who buys an Affordable Unit after the date of this Agreement) shall be to a [Low Income 11086-0001 \2783528v4.doc Household] [OR] [Very Low Income Household] at a sales price that results in an Affordable Housing Cost for that household, as applicable. 4. Sale/Resale Price Controls and Procedures. (f) Owner shall notify any proposed purchaser in writing prior to the proposed purchaser's execution of escrow instructions, purchase and sale agreement or similar agreement, whichever is earliest, that the title to the Affordable Unit is and will be restricted in the manner described herein, and shall deliver a copy of this recorded Agreement to the purchaser at that time. Owner shall deliver to Habitat and CITY a copy of such written notification. (g) For the purpose of confirming that a proposed purchaser is a Very Low Income Household or a Low Income Household (as applicable) that will be paying a purchase price that is in compliance with the terms hereof, the Owner shall notify Habitat and the City in writing of any offer from a prospective purchaser which the Owner intends to accept, and shall provide Habitat and the CITY with the following: (i) Name and address of the purchaser. (ii) Number of persons comprising the purchaser's household and their names and ages. (iii) Proposed purchase price of the Affordable Unit, and any other consideration for the purchase of the Affordable Unit. (iv) Amount of down payment. (v) Terms of any loan that will be used by the purchaser to finance the purchase of the Affordable Unit, including, but not limited to, principal, interest rate, term, and loan fees. (vi) Closing date. (vii) Aggregate annual income of the purchaser's household. (viii) Most recent federal and state income tax returns of the purchaser and all other members of the purchaser's household for the preceding two (2) calendar years, and verification of the proposed purchaser's salary or wages from the purchaser's employer. (ix) Copy of any proposed purchase and sale agreement, escrow instructions, loan application, and other agreements between the Owner and Homeowner/ proposed purchaser relating to the Affordable Unit. (x) A written statement signed by the proposed purchaser that the Affordable Unit will be occupied by the purchaser and used as his or her primary residence, and that the Affordable Unit will not be leased. 11086-0001 \2783528v4.doc (xi) Any and all other deeds of trust, promissory notes and any other documents that are contemplated by such purchase agreement or otherwise required by Owner of the applicable Homeowner/purchaser in connection with the sale, for reasonable approval by the Habitat. (h) Habitat and the City Manager of the CITY may require the purchaser to submit other written documentation to verify the information set forth herein and to determine that the income and Affordable Housing Cost restrictions of this instrument shall be satisfied. If Habitat and City receive all such information, within 21 days of Habitat's receipt of same, then Habitat shall determine whether the prospective purchaser is qualified to purchase the Affordable Unit and shall thereafter notify the Owner and City in writing that the prospective sale is authorized and approved, or that the prospective purchaser does not qualify to purchase the Affordable Unit or that the sales price does not constitute an Affordable Housing Cost. (i) If Habitat notifies the Owner and City that the proposed sale is authorized and approved, the Owner shall proceed to complete the sale of the Affordable Unit within sixty (60) days after the date of such approval, and shall send Habitat and City a copy of the escrow instructions and purchase agreement, and a copy of the recorded deed, and any deeds of trust and promissory notes they secure, promptly after the close of escrow. 0) If Habitat or the City Manager notifies the Owner that the proposed sale does not comply with this Agreement, then the sale shall not occur. 5. Remedies. In addition to all of its rights and remedies available for Owner's breach of this Agreement, upon a breach of this Agreement by any Homeowner, CITY may demand payment of the outstanding principal and accrued interest under the Promissory Note executed by Owner in favor of City. CITY and Habitat may also obtain specific performance of this Agreement and/or injunctive relief, and may evict any tenant, it being understood that no leasing is permitted, and the Property must be and remain owner - occupied. Each of City and Habitat may exercise remedies without the involvement or consent of the other. 6. Successors and Assigns; Covenants to Run With the Land. The covenants and restrictions contained herein shall run with the land for the term of this Agreement and shall be a burden upon each Affordable Unit and shall be enforceable by the CITY and Habitat against each Owner/Homeowner and the successors -in -interest of the Owner/Homeowner, and all tenants of an Affordable Unit. 7. Independent and Severable Provisions. In the event that any provision of this instrument is held by a court of competent jurisdiction to be unenforceable or invalid, such holding shall not render unenforceable any other provision hereof, each provision hereof being expressly severable and independently enforceable to the fullest extent permitted by law. 8. Further Assurances. The CITY, Habitat, and any Homeowner/Owner, or any successor -in -interest or tenant shall execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such further instruments and agreements and do 11086-0001 \2783528v4.doc such further acts as may be necessary, desirable or proper to carry out the purposes of this Agreement. 9. No Waiver. No waiver by the CITY or Habitat of its rights hereunder, or of any breach by the Owner/Homeowner of any covenant, restriction, or condition herein contained, shall be effective unless such waiver is in writing, signed by the CITY or Habitat, as applicable, and delivered to the Owner/ Homeowner, as applicable. Any waiver by the CITY or Habitat of its power to terminate any covenant, restriction, or condition herein contained, or the failure by the CITY or Habitat to exercise any right or remedy with respect to any breach or breaches, shall not constitute a waiver or relinquishment for the future of any rights regarding subsequent sales, or of any such covenant or condition nor bar any right or remedy of the CITY or Habitat in respect of any subsequent breach. 10. Notices. All notices to be delivered to the parties pursuant to the terms hereof shall be in writing and shall be delivered in person or by certified mail, return receipt requested, or by reputable overnight delivery service (such as Federal Express) to the addresses listed below. Any of the following addresses may be changed by written notice given in accordance with this Section. City: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Manager Owner/Homeowner: To the Affordable Unit. Habitat: Habitat for Humanity Inland Valley, Inc. 27475 Ynez Road, # 390 Temecula, CA 92591 Attn: Executive Director 11. Entire Agreement. This instrument constitutes the entire agreement of the parties hereto, and the provisions hereof may be modified or amended only by a written instrument signed by the party to be charged. 12. Attorneys' Fees. In any action brought to declare the rights granted herein or to enforce or to interpret any of the terms of this Agreement, the prevailing party shall be entitled to an award of its attorneys' fees and costs. HOMEOWNER: Print Name: 11086-0001 \2783528v4.doe Print Name: HABITAT: HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation LO-A Executive Director CITY: CITY OF TEMECULA L60 , City Manager 11086-0001 \2783528v4.doc EXHIBIT "A" DESCRIPTION OF LAND THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTs, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) 11086-0001 \2783528v4.doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -1- 11086-0001 \2783528v4.doe A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On , before me, , (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) J-2 11086-0001 \2783528v4.doc EXHIBIT "L" FORM OF SUBORDINATION AGREEMENT (Attached.) L-1 11086-0001 \2783528v4.doc RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk with a copy to: County of Riverside Director of HWS 3403 loth Street, Suite 300 Riverside, CA 92501 SPACE ABOVE THIS LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR DEED OF TRUST/SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREIN BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN ANOTHER DEED OF TRUST AND TO REGULATORY AGREEMENTS WHICH RESTRICTS THE USE AND RESALE PRICE OF YOUR REAL PROPERTY COLLATERAL AND DECREASE THE VALUE THEREOF. THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is dated 2023, and is entered into by and among, HABITAT FOR HUMANITY INLAND VALLEY, INC., a California nonprofit public benefit corporation and the owner ("Owner") of the land described on Exhibit "A" and the improvements thereon ("Property"), the COUNTY OF RIVERSIDE, as the present owner and holder of and beneficiary under a deed of trust hereinafter described (hereinafter referred to as "County Beneficiary"), and the CITY OF TEMECULA as the present owner and holder of and beneficiary under another deed of trust hereinafter described and party to an Affordable Housing Covenant and Regulatory Agreement (hereinafter referred to as "City "). RECITALS A. County Beneficiary has made or intends to make a loan to Owner which will be secured by a deed of trust on the Property entitled "Deed of Trust with Assignment of Rents" ("County Deed of Trust") recorded or to be recorded in the Official Records of Riverside County, California ("Official Records"). B. City has made or intends to make a loan to Owner which will be secured by another deed of trust on the same Property, entitled "Deed of Trust With Assignment of Rents, Security 11086-0001 \2783528v4.doe Agreement and Fixture Filing ("City Deed of Trust") recorded or to be recorded in the Official Records. C. City has required as a condition to its loan that Owner execute and record an Affordable Housing Covenant and Regulatory Agreement in favor of City on the Property ("City/Habitat Regulatory Agreement"). D. The City and the City/Habitat Regulatory Agreement has also required that upon the sale of each of the six (6) homes on the Property by Owner, who is developing the homes for sale, each such buyer execute and record a similar Affordable Housing Covenant and Regulatory Agreement which applies specifically to the home purchased, and replaces the City/Habitat Regulatory Agreement as to that specific home ("City/Buyer Regulatory Agreement"). E. City requires that the City Deed of Trust, the City/Habitat Regulatory Agreement and any future City/Buyer Regulatory Agreement not be extinguished upon a foreclosure of the County Deed of Trust, and that Owner and County Beneficiary execute, acknowledge and deliver this Subordination Agreement for recording in the Official Records in order to confirm that the County Deed of Trust will be subordinate to the City Deed of Trust, the City Regulatory Agreement and all future City/Buyer Regulatory Agreements. F. City would not make its loan without this Subordination Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the sufficiency of which is hereby acknowledged, County Beneficiary confirms and agrees that the County Deed of Trust in favor of County Beneficiary is hereby subordinated to the City Deed of Trust, the City/Habitat Regulatory Agreement and all future City/Buyer Regulatory Agreements. OWNER: HABITAT FOR HUMANITY INLAND VALLEY, INC. Uzz Tammy Marine, Executive Director CITY: CITY OF TEMECULA LO-A Aaron Adams, City Manager 11086-0001 \2783528v4.doc COUNTY BENEFICIARY: COUNTY OF RIVERSIDE By: _ Name: Title: 11086-0001 \2783528v4.doc EXHIBIT "A" DESCRIPTION OF LAND THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF California, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS,_IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) 11086-0001 \2783528v4.doc A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 202 , before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11086-0001 \2783528v4.doc 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 =1 202, before me, (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11086-0001 \2783528v4.doe A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 202, before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 11086-0001 \2783528v4.doc fil6T.Im RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Temecula 41000 Main Street Temecula, CA 92590 Attn: City Clerk with a copy to: Habitat for Humanity Inland Valley, Inc. 41615 Winchester Road, Suite 214 Temecula, CA 92590 Attn: Executive Director APNs: 922-062-010 and 016 Exempt From Recording Fee Pursuant to Government Code § 27383 NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Affordable housing restrictions have been recorded with respect to the property described below (referred to in this Notice as the "Site") which require that the Site be as affordable housing (the "Project") and that the home thereon be sold to and occupied by persons and households of limited income, at an a price which results in an affordable housing cost. Title of Document Containing Affordable Housing Restrictions: Affordable Housing Covenant and Regulatory Agreement signed by Developer (defined below) and replacements thereof as to individual homes signed by each homebuyer permitted under such initial Affordable Housing Covenant and Regulatory Agreement (individually and collectively, the "Agreement"). Parties to Agreement: Habitat for Humanity Inland Valley, Inc., a California nonprofit public benefit corporation ("Developer")(and each homebuyer as to subsequent Affordable Housing Covenants and Regulatory Agreements for individual homes), and the City of Temecula ("City"). The Agreement is recorded concurrently with this Notice, in the Official Records of Riverside County. Legal Description of Site: See Exhibit "A" attached hereto and incorporated herein by this reference. Site Location: See Exhibit "A". -1- 11086-0111 \2557672v2.doc Assessor's Parcel Numbers of Site: 922-062-010 and 016 Summary of Agreement: o The Agreement restricts all 6 of the homes being constructed/developed on the Site. o The Agreement restricts the sale of five of the homes to households that are very low income households, as described in California Health and Safety Code Section 50105 and 25 California Code of Regulations Section 6910; and one home to a household that is a low income household, as described in California Health and Safety code Section 50079.5 and 25 California Code of Regulations Section 6910. o The Agreement restricts the sales prices of the homes to a price that will result in an affordable housing cost as described in California Health and Safety Code Section 50052(b) and 25 California Code of Regulations Section 6210. Term; Subsequent Similar Agreement to be Executed/Recorded by Each Homebuyer: The Term of the Agreement continues until each home is sold; the Agreement requires the applicable home buyer to execute and record a similar agreement restricting the applicable home for forty-five (45) years after it is initially purchased to buyers of the same income category as the seller, and a price that results in an affordable housing price (as defined above) . This Notice does not contain a full description of the details of all of the terms and conditions of the Agreement or subsequent 45 year agreement. You will need to obtain and read the Agreement to fully understand the restrictions and requirements which apply to the Site, and you will need to obtain and read the subsequent 45 year agreement to fully understand the restrictions and requirements that apply to a particular home after it is initially sold. This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f). Date: , 2023 CITY: CITY OF TEMECULA By: Print Name: Title: 11086-0111 \2557672v2.doc -2- DEVELOPER: HABITAT FOR HUMANITY INLAND VALLEY, INC. Print Name: Title: -3- 11086-0111 \2557672v2.doe A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -4- 11086-0111 \2557672v2.doc EXHIBIT "A" LEGAL DESCRIPTION OF SITE THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 5 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOTS, AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-016) AND LOT 6 OF BLOCK 34 OF THE TOWNSITE OF TEMECULA, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 15, PAGE 726 OF MAPS, -IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF AN ANNEXED STREET ADJACENT AND ON THE SOUTH SIDE OF SAID LOT AS VACATED BY RESOLUTION FILED DECEMBER 8,1936 IN BOOK 304, PAGE 356 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. (APN: 922-062-010) -5- 11086-0111 \2557672v2.doc TEMECULA REDEVELOPMENT PROJECT TEMECULA, CALIFORNIA SUMMARY REPORT PERTAINING TO THE PROPOSED CONVEYANCE OF CERTAIN PROPERTY WITHIN THE REDEVELOPMENT PROJECT AREA California Community Redevelopment Law Section 33433 PURSUANT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND HABITAT FOR HUMANITY INLAND VALLEY, INC. Temecula, California April 2023 TABLE OF CONTENTS Page I. Introduction........................................................................................................................................ 1 II. Costs of the Agreement to the City..................................................................................................... 4 III. Estimated Value of the Interest to be Conveyed at the Highest and Best Use Permitted Under the RedevelopmentPlan...........................................................................................................................5 IV. Estimated Value of the Interest to be Conveyed at the Use and with the Conditions, Covenants, and Development Costs Required by the Agreement........................................................................ 6 V. Compensation which the Developer will be Required to Pay 0 VI. Explanation of the Difference, if any, between the Compensation to be Paid to the City by the Proposed Transaction and the Fair Market Value of the Interest to be Conveyed at the Highest and Best Use Consistent with the Redevelopment Plan..........................................................................10 VII. Explanation of Why the Sale of the Property will Assist with the Elimination of Blight...................11 VIII. Limiting Conditions............................................................................................................................12 I. INTRODUCTION A. Purpose of Report This Summary Report was prepared in accordance with Section 33433 of the California Community Redevelopment Law in order to inform the City of Temecula (City) and the public about the proposed Disposition and Development Agreement (Agreement) between the City and Habitat for Humanity Inland Valley, Inc. (Developer). As described in Table 1, the Developer intends to construct six (6) residential units (Homes) on a 0.46-acre site located west of Pujol Street and northerly of 15Y Street (Property) in the City of Temecula (City). The Property is located adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008. The units planned for the Property will average 1,255 square feet (SF) with attached private garages (Project). This Report describes and specifies: 1. The costs to be incurred by the City under the Disposition and Development Agreement (Agreement); 2. The estimated value of the interest to be conveyed by the City to the Developer at the highest and best use permitted under the Redevelopment Plan; 3. The estimated value of the interest to be conveyed at the proposed use and with the conditions, covenants, and development costs pursuant to the proposed Agreement; 4. The compensation to be paid to the City pursuant to the proposed transaction; 5. An explanation of the difference, if any, between the compensation to be paid to the City under the proposed transaction and the fair market value at the highest and best use consistent with the Redevelopment Plan; and 6. An explanation of why the conveyance of the interest will assist with the elimination of blight. B. Summary of Findings The City engaged its economic consultant, Keyser Marston Associates, Inc. (KMA), to analyze the financial terms contained in the proposed Agreement. KMA reviewed the draft Agreement under discussion between the City and the Developer as of the date of this Report. The KMA conclusions Section 33433 Summary Report — Habitat Way 11 Page 1 April24, 2023 23015kal 19454.049.002 are summarized as follows: • The estimated costs of the Agreement to the City total $824,000. • The estimated fair market value of the interest to be conveyed at its highest and best use is $561,000. • The estimated fair re -use value of the interest to be conveyed is negative $700,000. • The estimated value of the compensation to be received by the City is negative $700,000. C. Description of Area and Proposed Project Old Town Temecula was founded in the 1880s and is considered the heart of Temecula. The Old Town area is characterized as a unique and historic environment with a distinct western theme that is present in its streetscape and architecture. The historic neighborhood offers its residents and tourists a variety of specialty shopping, dining, and entertainment uses. Table 1 describes the physical characteristics of the proposed Project. The proposed Project will contain six (6) attached homes on a 0.46-acre site on Pujol Street in Temecula. The Property is currently owned by the City. The proposed Project will be comprised of three -bedroom units, with an average size of 1,255 SF. The entire Project will be affordable to Very Low -Income households (earning up to 50% of Area Median Income [AMI)) and Low -Income households (earning up to 80% of AMI). D. Proposed Transaction Terms This section summarizes the salient aspects of the business terms contained in the proposed Agreement. • The City will convey fee simple interest in the Property to the Developer. • The Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan). • The City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan). • The Developer will construct six (6) residential units (Homes) comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household. Section 33433 Summary Report — Habitat Way 11 Page 2 April 24, 2023 23015kal 19454.049.002 • It is the responsibility of the Developer to ensure that applicable City zoning and land use requirements will permit development of the proposed Project. • The Developer will be responsible for all development costs, including off -site improvements, site preparation and grading, and construction of the Project. • It is the responsibility of the Developer to conform to all applicable Federal and State labor laws including requirements, if any, to pay prevailing wages. • Close of Escrow shall occur no later than July 28, 2023. • In the event of default by the Developer, principal and interest on the City Loans will be immediately due. Interest will accrue from the date of the Loan at the lesser of 7% simple interest or the maximum rate allowed by law. • The Developer will provide interest -free, long-term senior or first lien financing to the homebuyers. • Homes will be restricted for Very Low- and Low -Income households for a term of 45 years. Section 33433 Summary Report — Habitat Way 11 Page 3 April 24, 2023 23015kal 19454.049.002 II. COSTS OF THE AGREEMENT TO THE CITY The estimated costs of the Agreement total $824,000, reflecting all costs incurred by the City. These costs include the following items: City Costs Amount Original Acquisition Cost (1) $84,000 Third Party Costs (2) $40,000 Subtotal $124,000 Add: City Loan (Construction Loan) $700,000 Add: City Loan (Purchase Money Loan) $561,000 Subtotal $1,385,000 (Less) Purchase Price received for Property ($561,000) Total City Costs $824,000 (1) Per City correspondence dated November 28, 2022. Parcels were acquired in 1992 and 2009. (2) Gross estimate; includes legal and economic consultants. Section 33433 Summary Report — Habitat Way 11 Page 4 April 24, 2023 23015kal 19454.049.002 III. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN This section presents an analysis of the fair market value of the Property at its highest and best use. In appraisal terminology, the highest and best use is that use of the Property that generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals and policies for the City. The Property is currently zoned SP-5, Old Town Specific Plan. This zoning allows for neighborhood residential use. The multi -family density allowed under this zoning is 35 units per acre. The City contracted with Perdue Russell & Matthies Real Estate for an appraisal of the Property. The appraiser estimated the current market value of the Property as of March 3, 2023. The appraisal does not consider the specific conditions, covenants, and restrictions contained within the Agreement. The appraiser concluded the fee simple market value of the Property, as is vacant, to be $561,000. This land value translates to $28 per SF. KMA conducted surveys of Old Town multi -family and mixed -use land sales and multi -family land sales throughout the Temecula Valley. The Old Town Specific Plan is a unique planning and regulatory document, and therefore it is difficult to adjust comparable sales from elsewhere in the Temecula Valley to reflect the value of property within Old Town. The appraiser's estimate of value for the Property reflects the upper end of the KMA surveyed comparables. Many of the surveyed comparable sales are inferior to the Property with respect to location, configuration, and/or prevailing market conditions at time of sale, suggesting that significant upward adjustments are warranted. Conclusion In view of the above considerations, KMA concurs with the appraiser's conclusion of value for the Property of $28 per SF. On this basis, then, KMA finds that the fair market value of the Property at its highest and best use is $561,000. Section 33433 Summary Report — Habitat Way 11 Page 5 April 24, 2023 23015kal 19454.049.002 IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT This section explains the principal conditions and covenants which the Developer must meet in order to comply with the Agreement. The Agreement contains specific covenants and conditions designed to ensure that the conveyance of the Property will be carried out in a manner to achieve the City's objectives, standards, and criteria under the Redevelopment Plan. Based on a detailed financial feasibility analysis of the Project, KMA concludes that the fair re -use value of the interest to be conveyed is negative $700,000. KMA estimated the re -use value of the interest to be conveyed based on the anticipated income characteristics of the proposed Project. Re -use value is defined as the highest price in terms of cash or its equivalent which a property or development right is expected to bring for a specified use in a competitive open market, subject to the covenants, conditions, and restrictions imposed by the Agreement. KMA reviewed and analyzed the financial pro forma submitted by the Developer for the Project. Tables 2 through 5 present the KMA residual value analysis for the proposed Project. Estimated Development Costs Table 2 summarizes estimated development costs for the Project. Total development costs for the Project, excluding acquisition, are estimated at $2,656,000, or $353 per SF Gross Building Area (GBA), which equates to approximately $443,000 per dwelling unit. Total development costs consist of the following: • Direct construction costs, such as off -site improvements, on -site improvements, building construction, and contingency. The total direct costs are estimated to be $1,793,000, or $238 per SF GBA. The estimate of direct costs does not assume the payment of prevailing wages. • Indirect costs, such as architecture and engineering, permits and fees, legal and accounting, taxes and insurance, developer fee, marketing/lease-up, and contingency. These are estimated to be $822,000, or 45.8% of direct costs. • Financing costs, including loan costs and title/recording/escrow fees are estimated at $41,000, or 2.3% of direct costs. Section 33433 Summary Report — Habitat Way 11 Page 6 April 24, 2023 23015kal 19454.049.002 Net Present Value of Mortgage Payments to Developer (Net Sales Proceeds) Tables 3 and 4 present an estimate of the net proceeds from sale of the Homes in the Project. Net sales proceeds are based on the net present value of the mortgage payments to the Developer. The maximum mortgage amount that can be supported by Very Low -Income and Low -Income homebuyers are calculated in accordance with California Health and Safety Code (H&SC) §50052.5. The mortgage payments (per -unit) are based on the appropriate household size for a given unit size and specific income thresholds. Per H&SC §50052.5, assignment of household size is based on the number of persons exceeding the number of bedrooms by one, as follows: Assumed Unit Size Household Size Three Bedroom 4.0 Persons Based on this information and AMI figures for the County of Riverside, as determined by the State of California Department of Housing and Community Development (HCD) for 2022, the maximum supportable mortgage amounts for the Very Low -Income and Low -Income units are as follows: Maximum Supportable Unit Size Income Level Mortgage Three Bedroom Very Low -Income $147,000 Three Bedroom Low -Income $255,000 The estimates of maximum supportable mortgage amounts assume that the Developer provides 30- year, 0% interest financing to each homebuyer. The below -market financing offered to the homebuyers substantially reduces the present value of the revenue stream received by the Developer. Assuming a 30-year term, the Developer is expected to receive monthly payments of $408 for each Very Low -Income unit and $708 for each Low -Income unit. The present value of this 30-year stream of payments, discounted at 4.5%, is estimated to average $91,000 per Home, reflecting total gross sales proceeds of $545,000. The net proceeds to the Developer total $529,000, after consideration of $16,000 in transaction costs, as shown below. Net Present Value of Mortgage Payments to Developer Total Present Value of Mortgage Payments to Developer (Less) Transaction Costs $545,000 ($16,000) Net Present Value of Mortgage Payments to Developer $529,000 Section 33433 Summary Report — Habitat Way 11 Page 7 April 24, 2023 23015kal 19454.049.002 Supportable Funding Sources As shown in Table 5, KMA estimates total available funding sources for the Project comprised of the following sources. The Developer has obtained an award of funding from the County of Riverside in the amount of $1,313,417. Proceeds to Developer Amount Net Sales Proceeds $529,000 County of Riverside $1,313,000 Grants/Donations $114,000 Total Proceeds to Developer (Rounded) $1,956,000 The total funding sources of $1,956,000 represent reasonable estimates of the maximum amounts available for each funding source. The Developer bears the risk of pursuing these funding sources to ensure financial feasibility of the Project. Residual Land Value Table 5 also presents the KMA estimate of residual land value for the Property. The residual land value can be estimated as the difference between total available funding sources and total development costs. The comparison of total funding sources and total development costs yields a residual land value of the Property of negative $700,000, as shown below. Residual Land Value Amount Total Sources of Funds (Less) Total Development Costs — Excluding Acquisition $1,956,000 ($2,656,000) Residual Land Value ($700,000) Cnndutinn Based on the foregoing analysis, KMA concludes that the fair re -use value of the Property is negative $700,000. Section 33433 Summary Report - Habitat Way 11 Page 8 April 24, 2023 23015kal 19454.049.002 V. THE COMPENSATION WHICH THE DEVELOPER WILL BE REQUIRED TO PAY This compensation to be received by the City for the Property under the terms of the Agreement is estimated to be negative $700,000. Compensation to be Received by the City Amount Purchase Price $561,000 (Less) Purchase Money Loan ($561,000) (Less) Construction Loan ($700,000) Compensation to be Received by the City ($700,000) Section 33433 Summary Report — Habitat Way 11 Page 9 April 24, 2023 23015kal 19454.049.002 VI. EXPLANATION OF THE DIFFERENCE, IF ANY, BETWEEN THE COMPENSATION TO BE PAID TO THE CITY BY THE PROPOSED TRANSACTION AND THE FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE CONSISTENT WITH THE REDEVELOPMENT PLAN The fair market value of the interest to be conveyed at its highest and best use is estimated by KMA to be $561,000. The compensation to be paid to the City pursuant to the Agreement is estimated by KMA to be negative $700,000. Factors affecting the difference in compensation to the City and fair market value of the interest to be conveyed at highest and best use include: • The Project will consist of for -sale homes restricted to Very Low- and Low -Income households for 45 years. • The Developer plans to provide interest -free, long-term senior or first lien financing to the homebuyers. Section 33433 Summary Report — Habitat Way 11 Page 10 April 24, 2023 23015kal 19454.049.002 VII. EXPLANATION OF WHY THE SALE OF THE PROPERTY WILL ASSIST WITH THE ELIMINATION OF BLIGHT The Redevelopment Plan (Plan) for the Redevelopment Project Area governs the Property. In accordance with Section 33490 of the California Community Redevelopment Law, the Plan contains the goals and objectives and the projects and expenditures proposed to eliminate blight within the Project Area. These blighting factors include: • The subdividing and sale of lots of irregular form and shape, and inadequate size, for proper usefulness and development. • A prevalence of depreciated values and impaired investments. Implementation of the proposed Agreement can be expected to assist in the alleviation of blighting conditions through the following: • Consolidation of irregular parcels into a site appropriate for development. • Elimination of conditions of economic dislocation such as fragmented ownership patterns. • Creation of housing opportunities for Very Low- and Low -Income residents. Section 33433 Summary Report — Habitat Way 11 Page 11 April 24, 2023 23015kal 19454.049.002 VIII. LIMITING CONDITIONS The estimates of re -use value and fair market value at the highest and best use contained in this Summary Report assume compliance with the following assumptions: 1. The ultimate development will not vary significantly from that assumed in this Report. 2. The title of the Property is good and marketable; no title search has been made, nor have we attempted to determine the ownership of the property. The value estimates are given without regard to any questions of title, boundaries, encumbrances, liens or encroachments. It is assumed that all assessments, if any are paid. 3. The Property will be in conformance with the applicable zoning and building ordinances. 4. Information provided by such local sources as governmental agencies, financial institutions, realtors, buyers, sellers, and others was considered in light of its source, and checked by secondary means. 5. If an unforeseen change occurs in the economy, the conclusions herein may no longer be valid. 6. The Developer will adhere to the schedule of performance described in the Agreement. 7. Both parties are well informed and well advised and each is acting prudently in what he/she considers his/her own best interest. 8. KMA is not advising or recommending any action betaken by the City with respect to any prospective, new, or existing municipal financial products or issuance of municipal securities (including with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues). 9. KMA is not acting as a Municipal Advisor to the City and does not assume any fiduciary duty hereunder, including, without limitation, a fiduciary duty to the City pursuant to Section 15B of the Exchange Act with respect to the services provided hereunder and any information and material contained in KMA's work product. 10. The City shall discuss any such information and material contained in KMA's work product with any and all internal and/or external advisors and experts, including its own Municipal Advisors, that it deems appropriate before acting on the information and material. attachments Section 33433 Summary Report — Habitat Way 11 Page 12 April 24, 2023 23015kal 19454.049.002 TABLE 1 PROJECT DESCRIPTION HABITAT WAY II CITY OF TEMECULA I. Site Area II. Gross Building Area (GBA) Net Residential Area Common Areas Total Gross Building Area III. Construction Type IV. Number of Stories V. Unit Mix Three Bedroom VI. Affordability Mix 50% AM -Very Low 80% AM - Low Total VII. Parking Parking Type Total Parking Spaces Parking Ratio 0.46 Acres 7,530 SF 0 SF 7,530 SF Type V 2 Stories Average Number of Units Unit Size 6 Units 1,255 SF 5 Units 83% 1 Unit 17% 6 Units 100% Attached Garage 12 Spaces 2.0 Spaces/Unit Prepared by: Keyser Marston Associates, Inc. Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp Page 13 TABLE 2 ESTIMATED DEVELOPMENT COSTS HABITAT WAY II CITY OF TEMECULA Totals Per Unit Comments I. Direct Costs (1) Off -Site Improvements (2)(3) $37,948 $6,325 $2 Per SF Site On -Site Improvements/Landscaping (3) $330,498 $55,083 $16 Per SF Site Parking $0 $0 Included below Shell Construction (3) $1,210,620 $201,770 $161 Per SF GBA Amenities/FF&E $0 $0 Allowance Contingency $214,131 $35,689 13.6% of Directs Total Direct Costs $1,793,197 $298,866 $238 Per SF GBA II. Indirect Costs Architecture & Engineering $229,862 $38,310 12.8% of Directs Permits & Fees (2) $216,885 $36,148 $29 Per SF GBA Legal & Accounting $30,960 $5,160 1.7% of Directs Taxes & Insurance $48,180 $8,030 2.7% of Directs Developer Fee $292,465 $48,744 9.1% of Total Costs Marketing/Sales $3,714 $619 0.2% of Directs Contingency $0 $0 0.0% of Indirects Total Indirect Costs $822,066 $137,011 45.8% of Directs III. Financing Costs Loan Fees (4) $15,050 $2,508 0.8% of Directs Title/Recording/Escrow $25,800 $4,300 1.4% of Directs Total Financing Costs $40,850 $6,808 2.3% of Directs IV. Development Costs - without Acquisition $2,656,113 $442,686 $353 Per SF GBA Or Say (Rounded) $2,656,000 (1) Excludes the payment of prevailing wages. (2) Per Developer; not verified by the City or KMA. (3) Includes pro rata share of general requirements, contractor overhead, and contractor profit. (4) Reflects interest on construction loan from Developer's parent company. Prepared by: Keyser Marston Associates, Inc. Page 14 Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp TABLE 3 ESTIMATED SUPPORTABLE MORTGAGE, BY AMI LEVEL HABITAT WAY II CITY OF TEMECULA 50% AMI 80% AMI Very Low Low A. Percent of AMI 50% 70% Number of Bedrooms Three Three Assumed Family Size (1) 4.0 4.0 B. Household Income (2) $43,700 $61,180 Income Allocation to Housing 30% 30% Amount Available for Housing $13,110 $18,354 C. Annual HOA (3) $1,200 $1,200 Annual Utilities (4) $3,336 $3,336 Annual Homeowner Insurance (5) $1,463 $1,463 Tax Rate (6) 1.50% 1.50% Annual Taxes (7) $2,205 $3,825 D. Available for Mortgage $4,907 $8,531 E. Interest Rate 0.0% 0.0% F. Maximum Supportable Mortgage $147,000 1 $256,000 (1) As assigned by California Redevelopment Law. (2) State of California Department of Housing and Community Development (HCD) 2022 income limits. (3) Allowance for structure insurance, maintenance, and reserves. (4) Per the Housing Authority of the County of Riverside 2022 Utility Allowance (Detached House) July 1, 2022. See Worksheet A. (5) Per Developer correspondence dated 9/29/22, reflects homeowner insurance based on County of Riverside industry standard of 0.30% of market -rate sales price. (6) Per Developer correspondence dated 9/29/22, reflects the base tax rate for the area plus an additional amount to account for special assessments. (7) Based on affordable unit price. Property tax assessment may be based on actual market value of home. Prepared by: Keyser Marston Associates, Inc. Page 15 Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp TABLE 4 ESTIMATED PRESENT VALUE OF PAYMENTS TO DEVELOPER HABITAT WAY II CITY OF TEMECULA I. Sales Price per Home - Unrestricted Market Value (1) II. Homebuyer Sources of Funds 50% AMI 80% AMI Very Low Low $487,500 $487,500 A. 1st Deed of Trust - Habitat $147,000 $256,000 B. 2nd Deed of Trust - City Purchase Money Loan $93,500 $93,500 C. 3rd Deed of Trust - City Construction Loan $117,000 $117,000 D. 4th Deed of Trust - Habitat "Silent Second" Loan $130,000 $21,000 E. Sales Price per Home - Unrestricted Market Value $487,500 $487,500 III. Calculation of Loan Payments 1st Mortgage - Habitat for Humanity $147,000 $256,000 Interest Rate 0.0% 0.0% Term (Years) 30 30 Annual Payment $4,900 $8,500 Monthly Payment $408 $711 IV. Present Value of Mortgage Payments to Developer - Per Unit $81,000 $140,000 @ 4.5% Discount Rate LU Present Value of Mortgage Payments to Developer - Total Number of Units 5 1 Total Present Value of Mortgage Payments to Developer $405,000 $140,000 (Less) Transaction Costs @ 3.0% of Value 12 000 4 000 Net Present Value of Mortgage Payments to Developer $393,000 $136,000 Total Net Present Value of Mortgage Payments to Developer $529,000 I (1) Per Developer; reflects estimate of market -rate prices ($388 per SF). Prepared by: Keyser Marston Associates, Inc. Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp Page 16 TABLE 5 RESIDUAL LAND VALUE HABITAT WAY II CITY OF TEMECULA I. Net Sales Proceeds II. Sources of Funds County of Riverside Grants/Donations Total Sources of Funds III. Total Proceeds to Developer IV. (Less) Development Costs - Excluding Land Acquisition Total Per Unit $529,000 (1) $88,000 $1,313,000 $219,000 114 000 $19,000 $1,427,000 $238,000 $1,956,000 $326,000 ($2,656,000) 443 000 V. Residual Land Value ($700,000) ($117,000) (1) Reflects net present value of mortgage payments to Developer. See Table 4. Prepared by: Keyser Marston Associates, Inc. Filename i:\Temecula_Habitat_v12_33433;4/24/2023;rsp Page 17 WORKSHEET A UTILITY ALLOWANCES HABITAT WAY II CITY OF TEMECULA A. Utilities (Annual) (i) Number of Bedrooms 3 Electric Heat $36 Electric Cooking $14 Electrci Water Heater $33 Other Electric (SCE) $72 Air Conditioning $34 Water $29 Sewer $33 Trash Collection 27 Total Utilities $278 (1) Profile per Developer response dated 9/29/22. Source: Housing Authority of the County of Riverside 2022 Utility Allowance (Detached House) July 1, 2022. Prepared by: Keyser Marston Associates, Inc. Filename is Temecula_Habitat_v12_33433;4/24/2023;rsp Page 18 Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. APPLICANT: City of Temecula; and Habitat for Humanity Inland Valley, Inc. PROJECT LOCATION: West of Pujol Street and northerly of 1 st Street in the City of Temecula (APN: 922-062-016 and APN: 922-062-010). PROPOSAL: Habitat for Humanity Inland Valley, Inc. ("Developer") proposes to construct six (6) attached residential units on a 0.46-acre site located west of Pujol Street and northerly of 1st Street in the City of Temecula ("Property"). The Property is located the former Redevelopment Agency of the City of Temecula Project Area and is adjacent to an existing five -unit affordable single-family development completed by the Developer in 2008. The units planned for the Property will average 1,255 square feet (SF) with attached private garages ("Project"). The proposed Disposition and Development Agreement ("Agreement") to be considered at the public hearing generally provides that: (1) The City will convey fee simple interest in the Property to the Developer; (2) the Developer will pay the City $561,000 for the Property in the form of a City Loan (Purchase Money Loan); 3) the City will contribute a total of $700,000 to the Project in the form of a City Loan (Construction Loan); and 4) the Developer will construct six (6) residential units comprising five (5) units affordable to Very Low -Income households and one (1) unit affordable to a Low -Income household, as defined in Section 50093 of the California Health and Safety Code, in accordance with applicable laws and ordinances. The proposed Agreement is intended to effectuate the objectives of the City in complying with its obligation to assist in providing low and moderate income housing pursuant to the Health and Safety Code of California and the goals of the City's Housing Element to the Temecula General Plan. The development of the Project and the fulfillment generally of this Agreement are in the best interest of the City and the welfare of its residents, and in accordance with the public purposes and provisions of applicable federal, state, and local laws and requirements. Pursuant to the requirements of Health & Safety Code Section 33433, a comprehensive report summarizing and analyzing the proposed Disposition and Development Agreement has been prepared. The report specifically contains the information required by Section 33433 and has been prepared within the time limit set forth therein and is available for public review from the date of the first publication of this Notice of Public Hearing. The conveyance of the Property as proposed by the Disposition and Development Agreement is at less than fair market value based on the Agency's real estate analysis. Therefore, it is proposed that the City Council specifically find in accordance with the authority of Health & Safety Code Section 33433 that: (1) the sales price is not less than the fair reuse value of the Property; and (2) said difference is necessary to effectuate the provisions of the Housing Element, the Former Agency's Housing Obligations, and the Old Town Specific Plan and to allow development and housing opportunities to come to the City and increase employment opportunities within the City. COPIES OF DOCUMENTS: The City will make available, for public inspection and copying at a cost not to exceed the cost of duplication the Report required by Health and Safety Code Section 33433, and the proposed Disposition and Development Agreement. These documents will be available from the Case Planner, Haide Urias at City Hall 41000 Main St., Temecula, CA 92590, City of Temecula, (951) 694-6400, on the date which is not later than the date of the first publication of this Public Hearing Notice. ENVIRONMENTAL ACTION: The approval of the proposed Agreement by the City Council constitutes an action by the City to implement an adopted Housing Assistance Plan by acquiring interests in housing units to assure they are affordable to persons of low and moderate income. Therefore, the Project is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines (Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent with the applicable General Plan designation and all applicable General Plan Policies as well as with applicable zoning designation and regulations; (2) the Project occurs within the city limits of the City of Temecula on a project site of less than five acres substantially surrounded by urban uses; (3) the Project site has no value as habitat for endangered, rare, or threatened species; (4) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be adequately served by all required utilities and public services. Therefore, the Project is and "in -fill project" and is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of Regulations). CASE PLANNER: Haide Urias (951) 694-6400 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: May 23, 2023 TIME OF HEARING: 6:00 PM or as soon thereafter as the matter may be heard. Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the City Council Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Haide Urias, City of Temecula Community Development Department, (951) 694-6400, or by email at Haide.Urias@TemeculaCA.gov. Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Introduce Ordinance Amending Chapter 10.44 of the Temecula Municipal Code Regarding Golf Carts on City Roadways PREPARED BY: Nick Minicilli, Senior Civil Engineer RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF THE TEMECULA MUNICIPAL CODE TO DESIGNATE CERTAIN STREETS AND CROSSINGS FOR THE JOINT USE OF GOLF CARTS AND VEHICLES AND ESTABLISH RULES AND REGULATIONS FOR THE OPERATION OF GOLF CARTS ON SUCH STREETS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SUMMARY OF ORDINANCE: An amendment to Chapter 10.44 of the Municipal Code to define and locate golf cart use and crossings in the City. BACKGROUND: Staff received a request from the Trails / Open Space Ad Hoc Subcommittee to consider creating a safer existing golf cart crossing on Rainbow Canyon Road at the Temecula Creek Inn due to a paving project that will be occurring in 2023. As part of the crossing safety review, staff read the City's current golf cart ordinance and determined that revisions should be made due to the antiquity of the ordinance and the absence of golf cart crossings listed in the ordinance. Staff recommends revising Chapter 10.44 of the Temecula Municipal Code. The current ordinance has one chapter, Chapter 10.44.010 which designates streets in the Temeku Hills golf course area that allows golf carts to utilize city streets jointly with vehicles. The proposed ordinance amendment to Chapter 10.44 would revise sections of Chapter 10.44.010 and add a new Chapter 10.44.020 for general golf cart crossings on city streets. The current 10.44.010 ordinance reads as follows: 10.44.010 Honors Drive, Temeku Drive and Royal Birkdale Drive. A. The city council does hereby find, determine, and declare that: 1. Honors Drive from Margarita Road to Tee Drive, Temeku Drive from Tee Drive to La Serena Way and Royal Birkdale Drive from Meadows Parkway to Temeku Drive, are streets within the jurisdiction of the city and, for the purposes of this section, shall be collectively referred to as the "streets." 2. The streets are located adjacent to and provide access to the Temeku Hills Golf Course. Further, the streets are located between the golf course and the place where golf carts are parked or stored. The street is within one mile of the golf course. 3. The streets are within and bounded in part by a real estate development offering golf facilities. 4. The streets are designed and constructed so as to safely permit the use of regular vehicular traffic and also the driving of golf carts on the streets. B. Pursuant to the authority of Vehicle Code Section 21115 the city council hereby designates the streets as streets for the combined use of vehicles and golf carts. C. Pursuant to the authority of Vehicle Code Section 21115, the following rules and regulations are hereby enacted for the use of vehicles and the use of golf carts on the street. It is unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations, which shall have the force of law: 1. A white line of six inches in width shall be painted on Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way at a distance of fourteen feet from the centerline so as to designate an area for vehicular traffic and a separate area for golf cart traffic. A white line of six inches in width shall be painted on Royal Birkdale Drive from Meadows Parkway to Temeku Drive at a distance of eleven feet from the centerline so as to designate an area for vehicular traffic and a separate area for golf cart traffic. 2. Vehicles shall travel in the designated fourteen foot travel lanes closest to the centerline on Honors Drive from Margarita Road to Tee Drive and Temeku Drive from Tee Drive to La Serena Way and shall not travel in the area designated for golf carts unless necessary for an emergency. Vehicles shall travel in the designated eleven foot travel lanes closest to the centerline on Royal Birkdale Drive from Meadows Parkway to Temeku Drive and shall not travel in the area designated for golf carts unless necessary for an emergency. 3. Golf carts shall travel in the designated eight foot lane between the white line and the edge of the roadway. Golf carts shall not travel in the vehicular lane. 4. The posted speed limit for vehicles traveling on the streets shall be twenty-five miles per hour. 5. The speed limit for golf carts traveling on the portion of the streets designated for golf carts shall be twenty-five miles per hour. 6. Golf cart crossings shall be permitted across the streets at the locations designated in Table 10.44.010A, incorporated herein as though set forth in full. 7. Golf cart crossings shall conform to the plans and the signage requirements set forth in Table 10.44.01013, incorporated herein as though set forth in full. 8. If a golf cart is operated on the streets during darkness, the golf cart shall be subject to the provisions of Vehicle Code Section 24001.5 regarding equipment. (Ord. 18- 05 § 1; Ord. 01-09 § 1) Table 10.44.010A Proposed Golf Cart Crossings [ZJ7 Table 10.44.O10B Golf Cart Crossing, Signing and Marking • Eo K6T� 6FFn UN x• ovou 25MPH a 2xFF x WPH 25c FT ow WLF CAFrr PATHWAY AC MPH 35P P7 asp .mFT WAPDM T am x•FEFr wrax —CAM a z TYPICAL GROSSING LAYOUT - - _ _ - - - - - MIN i0 PLIW VIl1N �5 pwMftE DASHM L>ME z ! ' Czwmq OH CURB CUT �f• iL • Fp 1!I• Y'r BVLfCT STOP CJYTT CROSSM WARNING 5" PKU&A1NAv T9DFWAI K 1SF' �6TGp 41OM Al Is's Is' XIr�Gtr asp FT RbN The ordinance should be amended as described in attached ordinance. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 10.44 OF TITLE 10 OF THE TEMECULA MUNICIPAL CODE TO DESIGNATE CERTAIN STREETS AND CROSSINGS FOR THE JOINT USE OF GOLF CARTS AND VEHICLES AND ESTABLISH RULES AND REGULATIONS FOR THE OPERATION OF GOLF CARTS ON SUCH STREETS, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. Golf carts that are registered with the Department of Motor Vehicles ("DMV"), bear a license plate issued by the DMV and are properly equipped pursuant to the California Vehicle Code may operate on any highway with a speed limit of twenty-five (25) miles per hour or less pursuant to Vehicle Code Section 21716. B. Vehicle Code Section 21115 allows the City to designate certain portions of highways under its jurisdiction for combined use by regular vehicular traffic and golf carts that are not registered with the DMV and equipped as required by the Vehicle Code. C. Vehicle Code Section 21115.1 further permits the City to establish crossing zones for the use of golf carts on any street under its jurisdiction that has a posted speed limit of forty- five (45) miles per hour or less and that is immediately adjacent to a golf course. D. The City recognizes that the utilization of golf carts as transportation aids near golf courses reduces automobile trips and vehicular emissions, expands mobility to those persons not utilizing automobiles, and maximizes the utilization of golf carts for golf course and residential transportation. The selected golf cart routes and crossings in the Ordinance meet these goals. E. The selected golf cart routes and crossings in the Ordinance accommodate golf carts without an adverse impact upon traffic safety. Section 2. 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 15301 because the proposed amendments involves the negligible expansion of use to existing City streets as golf carts operated on the selected streets and crossings will utilize existing bike lanes or roadways. Section 3. Chapter 10.44 (Streets Designated for Joint Use of Golf Carts and Vehicles) of Title 10 (Vehicles and Traffic) of the Temecula Municipal Code is hereby renamed and amended in its entirety to read as follows: "Chapter 10.44 — Golf Carts on City Roadways Sections: 10.44.010 Operation of Golf Carts on City Roadways 10.44.020 Golf Cart Crossings 10.44.030 Streets Designated for Joint Use of Golf Carts and Vehicles 10.44.010 Operation of Golf Carts on City Roadways Golf carts may only operate on streets with a speed limit for vehicles of twenty-five miles per hour or less as designated by this Chapter, or if the golf cart is registered with the Department of Motor Vehicles, bears a license plate issued by the Department of Motor Vehicles, and is properly equipped pursuant to the California Vehicle Code. 10.44.020 Golf Cart Crossings A. The following crossings are designated for use by golf carts: 1. Brassie Lane, approximately three hundred fifty feet (350') north of Crystalaire Drive. 2. Honors Drive, approximately one hundred fifty feet (150') west of Vardon Drive/Balata Drive. 3. Honors Drive, approximately three hundred eighty feet (380') east of Brassie Lane. 4. Royal Birkdale Drive, approximately two hundred feet (200') east of Temeku Drive. 5. Temeku Drive, approximately one hundred eighty feet (180') south of Gleneagles Drive. 6. Temeku Drive, approximately one thousand forty feet (1,040') south of Bay Hill Drive. 7. Camino Rubi, approximately fifty feet (50') south of Caminito Rosado. 8. Corte Zaragoza at the intersection of Peppercorn Drive. 9. Kohinoor Way at Peach Tree Street. 10.44.030 Streets Designated for Joint Use of Golf Carts and Vehicles A. The following streets are designated for joint use of golf carts and vehicles: 1. Honors Drive from Margarita Road to Tee Drive. 2. Temeku Drive from Tee Drive to La Serena Way. 3. Royal Birkdale Drive from Meadows Parkway to Temeku Drive. B. Except as otherwise provided in Section 10.44.010, it is unlawful for a vehicle or golf cart to be operated in violation of the following rules and regulations: 1. Golf carts shall only travel on streets with separate travel lanes, delineated with painted striping, for vehicular traffic and golf cart traffic. The designated golf cart lane may also allow for bicycle travel. 2. Vehicles shall travel in the designated travel lanes and shall not travel in the area designated for golf carts unless necessary for an emergency. 3. Golf carts shall travel in a designated eight -foot (8') travel lane and shall not travel in the vehicular lane. The designated golf cart lane may allow for bicycle travel. 4. Golf carts shall only travel on streets with posted speed limits for vehicles of twenty-five miles per hour or less, except as otherwise designated by this Chapter. 5. Golf cart operators shall observe all applicable provisions of the California Vehicle Code. 6. Golf cart crossings shall be permitted across the streets at the locations designated in Section 10.44.020. 7. Operation of golf carts in the designated crossing zones and streets is allowed during daytime only. Golf cart operation on the designated crossing zones and streets designated by this Chapter is prohibited during hours of darkness. "Darkness" is defined as anytime from one-half hour after sunset to one-half hour before sunrise per California Vehicle Code Section 280. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. 3 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 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 Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 2023 SUBJECT: Introduce Ordinance Amending Section 10.28.010(D) of the Temecula Municipal Code Regarding Prima Facie Speed Limits on Certain Streets PREPARED BY: Erick Escobedo, Associate Engineer II Nick Minicilli, Senior Traffic Engineer RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS SUMMARY OF ORDINANCE: The Temecula Municipal Code is hereby amended as follows to modify the declared prima facie speed limits on the following streets: Name of Street Portion Affected Declared Prima Facie Speed Limit Pechanga Parkway Temecula Parkway to Rainbow Canyon Road 40 MPH Rainbow Canyon Road to Muirfield Drive 45 MPH Muirfield Drive to Loma Linda Road 45 MPH Loma Linda Road to Wolf Valley Road 45 MPH Wolf Valley Road to Casino Drive South 45 MPH Casino Drive South to South City Limits 45 MPH BACKGROUND: The California Vehicle Code (CVC) requires local authorities to review, reaffirm or adjust speed limits within their jurisdiction every seven (7) years based on an Engineering and Traffic (E&T) Survey. The CVC also allows local authorities to extend an E&T Survey to fourteen (14) years, if a Registered Engineer determines that no significant changes in roadway or traffic conditions have occurred, including major changes to adjacent property or land use, roadway width or traffic volumes. The E&T survey provides the mechanism for the legal enforcement of the posted speed limit by use of radar or any other electronic speed -measuring device. As defined in the California Vehicle Code, an engineering and traffic survey is "a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities." The survey shall include, but not be limited to, consideration of prevailing speeds as determined by traffic engineering measurements, accident statistics, and highway, traffic, and roadside conditions not readily apparent to the driver. These characteristics are all considered when determining a reasonable and prudent posted speed limit. It should be noted that establishing a speed limit, which is not consistent with the 85th percentile speed, constitutes a "speed trap" and is not enforceable by use of radar or any other electronic speed -measuring device. During the January 24, 2023, City Council Meeting, staff brought forth the 2022 Citywide Engineering and Traffic Survey (E&TS) update for review and approval. As part of that traffic survey, the Pechanga Parkway corridor was analyzed from Temecula Parkway to the City's south limits. The survey recommended dropping the existing posted speed limit on Pechanga Parkway from Rainbow Canyon Road to the South City Limits from 45 mph to 40 mph and maintaining the speed limit on Pechanga Parkway from Temecula Parkway to Rainbow Canyon Drive at 40 mph. Although City Council approved the E&TS speed recommendations, there was concerned discussion related to a speed reduction on Pechanga Parkway. Based on this discussion, City staff took it upon themselves to restudy the traffic survey on the Pechanga Parkway corridor. The new speed survey results revealed that the existing posted speed limit of 45 mph on Pechanga Parkway from Rainbow Canyon Road to the South City Limits were valid based on the new 85th percentile survey speed. The existing 40 mph speed limit on Pechanga Parkway from Temecula Parkway to Rainbow Canyon Road was also validated with the resurvey. Staff additionally performed several field visits which confirmed that the existing posted speed limits are appropriate for Pechanga Parkway and speed limit reductions that the previously approved E&TS had recommended were no longer appropriate. The recommended posted speed limits conform to the requirements of the California Vehicle Code and the Caltrans MUTCD for establishing prudent posted speed limits that are consistent with roadway conditions, prevailing speeds, and more importantly, enforceable. City staff recommends the posted speed limit on Pechanga Parkway from Temecula Parkway to South City Limits remain at the current posted speed limits and that City Council adopt an Ordinance establishing the speed limits. FISCAL IMPACT: There is no fiscal impact associated with this recommendation. ATTACHMENTS: 1. Ordinance 2. Pechanga Speed Survey Update ORDINANCE NO.2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 10.28.010(D) of the Temecula Municipal Code is hereby amended as follows to modify the described prima facie speed limits on the following streets: Name of Street Portion Affected Declared Prima Facie Speed Limit Pechanga Parkway Temecula Parkway to Rainbow Canyon Road 40 MPH Rainbow Canyon Road to Muirfield Drive 45 MPH Muirfield Drive to Loma Linda Road 45 MPH Loma Linda Road to Wolf Valley Road 45 MPH Wolf Valley Road to Casino Drive South 45 MPH Casino Drive South to South City Limits 45 MPH Section 2. Severability. The Temecula City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 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 Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA El0 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway CERTIFICATION DATE 9/21/2022 FROM Temecula Parkway TO Rainbow Canyon Road SPEED FACTORS Date of Speed Survey 7/20/2022 Posted Speed Limit 40 mph Time of Speed Survey 11:24 Speed Justification 50th Percentile Speed (Mean Speed) 34 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 40 mph Average Speed 34 mph 10 mph Pace Speed 30-39 Percentage of Vehicles in Pace 64 Recommended Speed Limit 40 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 6 Statewide Average Collision Rate 0.98 Collisions/MVM Collisions per Million Vehicle Miles 0.60 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 53,718 Date Counted 7/21/2022 Number of Lanes 6 LANES (RAISED MEDIAN) Type of Traffic Control T.S. @ TEMECULA & RAINBOW CANYON Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? @T.S. LIGHT MODERATE NONE BOTH SIDES EAST SIDE ONLY ROADWAY FACTORS Length of Segment 0.170 miles Width 86 feet Vertical Curve? NONE Horizontal Curve? YES Visibility GOOD Roadway Conditions GOOD Lighting BOTH SIDES Adjacent Land Use COMMERCIAL Field Study By MB Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). ,�� _ . x 9/21 /2022 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA E 11 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway FROM Rainbow Canyon Road CERTIFICATION DATE 4/18/2023 TO Muirfield Drive SPEED FACTORS Date of Speed Survey 3/24/2023 Posted Speed Limit 45 mph Time of Speed Survey 13:48 Speed Justification 50th Percentile Speed (Mean Speed) 39 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 45 mph Average Speed 39 mph 10 mph Pace Speed 36-45 Percentage of Vehicles in Pace 62 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 2 Statewide Average Collision Rate 0.98 Collisions/MVM Collisions per Million Vehicle Miles 0.09 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic Number of Lanes Type of Traffic Control Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? ROADWAY FACTORS Length of Segment Width Vertical Curve? Horizontal Curve? Visibility Roadway Conditions Lighting Adjacent Land Use 39,231 Date Counted 3/24/2023 6 + BIKE LANES (RAISED MEDIAN) T.S. @ RAINBOW CANYON & MUIRFIELD @ T.S. LIGHT LIGHT NONE BOTH SIDES BOTH SIDES 0.510 miles 105 feet NO YES GOOD FAIR BOTH SIDES RESIDENTIAL, COMMERCIAL Field Study By CA Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 12 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway FROM Muirfield Drive CERTIFICATION DATE 4/18/2023 TO Loma Linda Road SPEED FACTORS Date of Speed Survey 3/24/2023 Posted Speed Limit 45 mph Time of Speed Survey 13:22 Speed Justification 50th Percentile Speed (Mean Speed) 42 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 46 mph Average Speed 42 mph 10 mph Pace Speed 38-47 Percentage of Vehicles in Pace 74 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 0 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.00 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic Number of Lanes Type of Traffic Control Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? 48,640 Date Counted 6 + BIKE LANES (RAISED MEDIAN) T.S. @ MUIRFIELD & LOMA LINDA @ T.S. LIGHT LIGHT NONE BOTH SIDES NONE 3/24/2023 ROADWAY FACTORS Length of Segment 0.140 miles Width 108 feet Vertical Curve? NO Horizontal Curve? NO Visibility GOOD Roadway Conditions GOOD Lighting BOTH SIDES Adjacent Land Use RESIDENTIAL Field Study By CA Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 13 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway FROM Loma Linda Road CERTIFICATION DATE 4/18/2023 TO Wolf Valley Road SPEED FACTORS Date of Speed Survey 7/20/2022 Posted Speed Limit 45 mph Time of Speed Survey 12:34 Speed Justification 50th Percentile Speed (Mean Speed) 39 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 44 mph Average Speed 39 mph 10 mph Pace Speed 33-42 Percentage of Vehicles in Pace 70 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 3 Statewide Average Collision Rate 1.60 Collisions/MVM Collisions per Million Vehicle Miles 0.11 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic 33,553 Date Counted 7/21/2022 Number of Lanes 6 + BIKE LANES (RAISED MEDIAN) Type of Traffic Control T.S. @ LOMA LINDA, WOLF CREEK & WOLF VALLEY Crosswalks? @ T.S. Pedestrian Traffic MODERATE Truck Traffic LIGHT On -Street Parking NONE Sidewalks? BOTH SIDES Driveways? NONE ROADWAY FACTORS Length of Segment 0.770 miles Width 108 feet Vertical Curve? NO Horizontal Curve? NO Visibility GOOD Roadway Conditions GOOD Lighting BOTH SIDES Adjacent Land Use RESIDENTIAL Field Study By MB Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 14 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway FROM Wolf Valley Road CERTIFICATION DATE 4/18/2023 TO Casino Drive South SPEED FACTORS Date of Speed Survey 3/24/2023 Posted Speed Limit 45 mph Time of Speed Survey 12:51 Speed Justification 50th Percentile Speed (Mean Speed) 41 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 46 mph Average Speed 41 mph 10 mph Pace Speed 38-47 Percentage of Vehicles in Pace 68 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 1 Statewide Average Collision Rate 0.91 Collisions/MVM Collisions per Million Vehicle Miles 0.09 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic Number of Lanes Type of Traffic Control Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? ROADWAY FACTORS Length of Segment Width Vertical Curve? Horizontal Curve? Visibility Roadway Conditions Lighting Adjacent Land Use 32,202 Date Counted 3/24/2023 4 + BIKE LANES (RAISED MEDIAN) T.S. @ WOLF VALLEY, N CASINO & S CASINO @ T.S. MODERATE MODERATE NONE BOTH SIDES NONE 0.330 miles 88 feet NO NO GOOD GOOD BOTH SIDES RESIDENTIAL, CASINO Field Study By CA Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023 TE 2933 Nicolle Spann Date State Registration Number CITY OF TEMECULA 15 ENGINEERING AND TRAFFIC SURVEY STREET Pechanga Parkway FROM Casino Drive South CERTIFICATION DATE 4/18/2023 TO South City Limits SPEED FACTORS Date of Speed Survey 3/24/2023 Posted Speed Limit 45 mph Time of Speed Survey 12:19 Speed Justification 50th Percentile Speed (Mean Speed) 41 mph CLOSEST TO 85TH SPEED 85th Percentile Speed 46 mph Average Speed 41 mph 10 mph Pace Speed 37-46 Percentage of Vehicles in Pace 71 Recommended Speed Limit 45 mph Number of Survey Samples 200 COLLISION HISTORY Number of Years Studied 3 years Total Collisions 2 Statewide Average Collision Rate 0.91 Collisions/MVM Collisions per Million Vehicle Miles 0.17 Collisions/MVM TRAFFIC FACTORS Average Daily Traffic Number of Lanes Type of Traffic Control Crosswalks? Pedestrian Traffic Truck Traffic On -Street Parking Sidewalks? Driveways? ROADWAY FACTORS Length of Segment Width Vertical Curve? Horizontal Curve? Visibility Roadway Conditions Lighting Adjacent Land Use 13,591 Date Counted 3/24/2023 4 + BIKE LANES ON EAST SIDE (RAISED MEDIAN) T.S. @ S CASINO, PECHANGA RESORT, WOLF CREEK & DEER HOLLOW @ T.S. LIGHT LIGHT NONE BOTH SIDES WEST SIDE ONLY 0.800 miles 86 feet NO YES GOOD GOOD BOTH SIDES RESIDENTIAL, SCHOOL, CASINO Field Study By CA Checked By NS CERTIFICATION: I, Nicolle Spann, do hereby certify that this Engineering and Traffic Survey within the City of Temecula was performed under my supervision and is accurate and complete. I am duly registered in the State of California as a Professional Engineer (Traffic). 4/18/2023 TE 2933 Nicolle Spann Date State Registration Number Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 2023 SUBJECT: Adopt Resolutions Reconstituting City of Temecula Commissions and Introduce Ordinance Repealing Temecula Municipal Code Chapters 2.44 and 2.48 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt resolutions and introduce an ordinance entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE COMMUNITY SERVICES COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE RACE, EQUITY, DIVERSITY AND INCLUSION COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE TRAFFIC SAFETY COMMISSION ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48 OF THE TEMECULA MUNICIPAL CODE BACKGROUND: The City of Temecula has four commissions — (1) Community Services Commission, (2) Planning Commission, (3) Race, Equity, Diversity and Inclusion Commission, and (4) Public/Traffic Safety Commission. The City Council has the power to establish certain commissions as it deems necessary pursuant to Chapter 2.40 of the Temecula Municipal Code. All commissions serve in an advisory capacity to the City Council. The Planning Commission also serves as a statutory body over certain land use decisions. The four commissions were established at various times over the last 30+ years with various elected officials, department directors and staff in place. Some were established by resolution while others were established by ordinance. Some had a detailed description of the roles and responsibilities of the commission while others did not. The proposed action before the City Council is a technical, housekeeping measure providing consistency across the governing documents of the commissions clearly setting forth items such as name, meeting dates and times, roles and responsibilities, etc. The roles and responsibilities are consistent with the current day practices of each commission. Finally, the proposed ordinance repeal brings all commission governing documents into consistency by way of a standardized resolution template which provides enhanced flexibility for the City Council in the future to make additional changes to the commissions as they deem necessary. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution — Community Services Commission 2. Resolution — Planning Commission 3. Resolution — Race, Equity, Diversity and Inclusion Commission 4. Resolution — Traffic Safety Commission 5. Ordinance RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE COMMUNITY SERVICES COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Community Services Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Community Services Commission." Section 2. Commission Composition and Membership. The Community Services Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Community Services Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Community Services Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Community Services Commission shall meet regularly on the second Monday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Community Services Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Community Services Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Community Services Commission shall be as follows: • Review and make recommendations to the City Council regarding the parks and recreational facilities component of the open space/conservation element of the General Plan • Make recommendations to the Temecula Community Services Department regarding community services facilities, programs, events, activities, and services • Collaborate with community partners, including Temecula Valley Unified School District, community groups, and non -profits to identify opportunities to enhance community services facilities, programs, events, and services • Serve as ambassadors to educate the community about the City's community services facilities, programs, events, and services Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, City Clerk Zak Schwank, Mayor N 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Planning Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created a statutory commission to the City Council which shall be known as the "Planning Commission." Section 2. Commission Composition and Membership. The Planning Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Planning Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Planning Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Planning Commission shall meet regularly on the first and third Wednesday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Planning Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Planning Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Planning Commission shall be as follows: • For purposes of state planning law, the planning commission serves as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city • Advising the City Council on planning and land use matters • Reviewing and making recommendations on proposed developments, subdivisions, and zone changes • Holding public hearings and soliciting public input on planning and land use issues • Reviewing and making recommendations on the City's General Plan, which guides future development and land use decisions • Ensuring that development projects comply with the City's zoning and land use regulations • Working with developers, architects, and other stakeholders to ensure that proposed developments are compatible with the surrounding area and meet the needs of the community • Reviewing and making recommendations on environmental documents related to development projects, such as Environmental Impact Reports • Enforcing the City's zoning and land use regulations, including issuing land use permits Section 9. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, City Clerk Zak Schwank, Mayor 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE RACE, EQUITY, DIVERSITY AND INCLUSION (REDI) COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Race, Equity, Diversity and Inclusion Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is hereby created an advisory commission to the City Council which shall be known as the "Race, Equity, Diversity and Inclusion Commission." Section 2. Commission Composition and Membership. The Race, Equity, Diversity and Inclusion Commission shall consist of seven (7) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Race, Equity, Diversity and Inclusion Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Race, Equity, Diversity and Inclusion Commission shall be appointed and removed in the same manner as other boards and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Race, Equity, Diversity and Inclusion Commission shall meet regularly on the second Thursday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Race, Equity, Diversity and Inclusion Commission shall receive the same stipend as the other boards and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards and commissions within the City. Section 8. Role and Purpose. Similar to other boards and commissions, with the exception of those with statutory responsibilities, the role of the Race, Equity, Diversity and Inclusion Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Race, Equity, Diversity and Inclusion Commission shall be as follows: • Build Strong Relationships Around Issues of Diversity, Inclusion and Equity With the City Council, Commissions, Staff and Community • Learn About Existing City Events, Services and Programs and Identify Opportunities for Further Diversity and Inclusion within the Same • Serve as Ambassadors to Educate the Community About Opportunities Related to Diversity and Inclusion within City Events, Services and Programs • Identify Opportunities for Enhanced Communication with All Residents, Including with Those of Various Race, Ethnic, Gender, Disability, Religious, and/or Cultural Backgrounds • Identify Opportunities for Improved Outreach to All Residents on Various City Efforts and Initiatives • Evaluate Policies Brought to the Commission for Consideration with an Equity Lens and Make Recommendations • Incorporate proclamations and other similar items into commission meetings as recommended by the City Council Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, City Clerk Zak Schwank, Mayor N 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE TRAFFIC SAFETY COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Traffic Safety Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Traffic Safety Commission." Section 2. Commission Composition and Membership. The Traffic Safety Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Traffic Safety Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Traffic Safety Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Traffic Safety Commission shall meet regularly on the fourth Thursday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Traffic Safety Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Traffic Safety Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Traffic Safety Commission shall be as follows: • Serve in an advisory capacity to the City Council making recommendations regarding traffic safety and transportation within the City of Temecula • Encourage public input on traffic safety and transportation issues and seek resolution of public concerns • Serve as the reviewing body on specific matters related to traffic safety and transportation referred by the City Council • Review specific matters related to traffic safety and transportation prior to being presented to the City Council for final approval • Serve as ambassadors to educate the community about the City's traffic safety and transportation related services and programs Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi Johl, City Clerk Zak Schwank, Mayor N 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk ORDINANCE NO.2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 2.44 AND CHAPTER 2.48 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE PUBLIC TRAFFIC SAFETY COMMISSION AND THE COMMUNITY SERVICES COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2.44 and Chapter 2.48 of the Temecula Municipal Code are hereby repealed. Section 2. Severability. If any portion, provision, section, paragraph, sentence, or word of this ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 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 Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 1 RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Planning Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created a statutory commission to the City Council which shall be known as the "Planning Commission.” Section 2. Commission Composition and Membership. The Planning Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Planning Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Planning Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Planning Commission shall meet regularly on the first and third Wednesday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Planning Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Planning Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the Cit y Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. 2 The purpose of the Planning Commission shall be as follows:  For purposes of state planning law, the planning commission serves as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city  Advising the City Council on planning and land use matters  Reviewing and making recommendations on proposed developments, subdivisions, and zone changes  Holding public hearings and soliciting public input on planning and land use issues  Reviewing and making recommendations on the City's General Plan, which guides future development and land use decisions  Ensuring that development projects comply with the City's zoning and land use regulations  Working with developers, architects, and other stakeholders to ensure that proposed developments are compatible with the surrounding area and meet the needs of the community  Reviewing and making recommendations on environmental documents related to development projects, such as Environmental Impact Reports  Enforcing the City's zoning and land use regulations, including issuing land use permits Section 9. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk 3 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 19 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 23, 2023 SUBJECT: Consider and Approve City Council Protocol Manual Policies (At the Request of Subcommittee Members Alexander and Kalfus) 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 ADOPTING THE CITY COUNCIL PROTOCOL MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL BACKGROUND: The City Council approved the creation of a City Council Protocol Manual on July 14, 2020 as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. The general policy content of the City Council Protocol Manual was approved on July 13, 2021. On August 24, 2021, the City Council requested that the preparation of City Council Policies relating to the Code of Conduct, Rules of Order, Agenda Placement, Request of Staff, and Public Participation In Meetings be expedited for consideration. Those policies were adopted on September 28, 2021. On January 10, 2023, the City Council appointed an ad hoc City Council Protocol Manual subcommittee as a part of its annual council subcommittee selection to guide staff in the preparation of additional policies for adoption in a completed manual. On March 12, 2023 the City Council adopted a revised policy related to agenda placement. In consultation with the City Council Protocol Manual subcommittee consisting of Council Members Alexander and Kalfus, the next four polices are now ready for consideration by the full City Council. The policies are related to (1) general law city, (2) council manager form of government, (3) roles of mayor, mayor pro tempore and council and (4) selection of mayor and mayor pro tempore. It is recommended that the City Council consider these four policies and provide direction and/or adopt the policies as desired. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Exhibit A — General Law City 3. Exhibit B — Council -Manager Form of Government 4. Exhibit C — Roles of Mayor, Mayor Pro Tempore and Council 5. Exhibit D — Selection of Mayor and Mayor Pro Tempore RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL AND ADOPTING FOUR CITY COUNCIL POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. Section 3. The City Council adopted its first five policies on September 28, 2021 and a revised policy on March 23, 2023. Section 4. On January 10, 2023, the City Council appointed an ad hoc City Council Protocol Manual subcommittee as a part of its annual council subcommittee selection to guide staff in the prepapration of additional policies for adoption in a completed manual. Section 5. The City Council hereby adopts the "City Council Protocol Manual" which shall consist of various Council policies adopted by the Council for the conduct of its business and shall be maintained by the City Clerk. The following Policies are hereby adopted and shall be included in the City Council Protocol Manual: A. City Council Policy — General Law City (Exhibit A); B. City Council Policy — Council Manager Form of Government (Exhibit B); C. City Council Policy — Role of Mayor, Mayor Pro Tempore, and Council (Exhibit C); D. City Council Policy — Selection of Mayor and Mayor Pro Tempore (Exhibit D). Section 5. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded. Section 6. 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 23rd day of May, 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 23rd day of May, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA CITY COUNCIL POLICY Aft Al �_?T Coo'( The Heart of Southern California wine Country Title: General Law City Policy No. 1 Approved: TBD Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm adherence to and acknowledgment of the City of Temecula as a general law city and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Adherence to and Acknowledgment of the City of Temecula as a General Law City Local government agencies are established through the California Government Code and Article XI of the California Constitution. Local government agencies include counties, cities, special districts, and other regional bodies. The City of Temecula is a local government agency pursuant to these laws and incorporated as such on December 1, 1989. Cities provide essential and general services and programs for their residents such as health and safety and parks and recreation. Article XI, § 3 of the Constitution of California specifically provides for the creation of city government. As of the date of adoption of this policy, there are 482 incorporated cities in the State of California. Government Code §34100 et seq. sets forth the two types of cities - general law and charter. General law cities, the most common form, are governed by the California Government Code and other statutes. Charter cities, consisting of approximately one -quarter of the cities in California, are governed by their adopted charter. Matters deemed to be of "statewide concern" by the State of California, may be governed by statute irrespective of general law or charter designation. The City of Temecula is a general law city existing and operating pursuant to the laws set forth in the California Constitution, California Government Code, and other relevant statutes. CITY OF TEMECULA CITY COUNCIL POLICY Aft Al �_?T Coo'( The Heart of Southern California Wine Country Title: Council -Manager Form of Government Policy No. 2 Approved: TBD Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm that the City of Temecula operates as a council- manager form of government and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: eration as a Council -Manager Form of Government The council-manager form of government is the most common type of governance structure amongst cities in the United States. Under this form of government, residents elect a governing body (city council) to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government's day-to-day operations. This structure is similar to that of a corporation in the private sector whereby a board of directors sets forth policy and a chief executive officer implements such policy. The council-manager form of government recognizes the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly -qualified individual who is devoted exclusively to the delivery of services to residents. Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body. The operations of the local government organization reside with the appointed manager, allowing elected officials to devote their time and energy to policy development and the assessment of the effectiveness of those policies within the community. Government Code Section §34851 et seq. sets forth the process by which a council-manager form of government may be established in California. Temecula Municipal Code § 2.12 et. seq., adopted pursuant to the aforementioned code section, sets forth the specific duties, powers, and responsibilities of a city manager in relation to their service to the City of Temecula. The municipal structure of the City of Temecula is a council-manager form of government operating pursuant to the laws set forth in the California Government Code and Temecula Municipal Code. CITY OF TEMECULA CITY COUNCIL POLICY Aft 33 i he Heart of Southern California Wine Country Title: Role of Mayor, Mayor Pro Tempore and City Council Policy No. 3 Approved: TBD Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm the role of the Mayor, Mayor Pro Tempore and City Council and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Role of Mayor, Mayor Pro Tempore and City Council The City of Temecula is a general law city, operating as a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. Each council member is directly elected by the registered voters of their district. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year. The mayor is the public face of the community who presides at meetings, facilitates communication and understanding between elected and appointed officials and the public, and assists the legislative body in setting goals and advocating policy decisions. The mayor facilitates discussion and decision -making on important topics. The mayor pro tempore assists the mayor in fulfilling their role and presides in the absence of the mayor as needed. The primary role of the city council is to engage with the community to determine needs and in response provide policy direction to ensure a high quality of life for all. The city council exercises its authority and sets policy through an ordinance, resolution, or minute order capturing its collective action on a variety of topics such as health and safety, fiscal stability, and growth and sustainability. The city council also adopts the annual budget, appoints members to its advisory boards and commissions, and manages the positions of the city manager and city attorney. All other employees in the City of Temecula remain the management responsibility of the city manager and department directors appointed by the city manager. General day-to-day operations remain under the purview of the city manager appointed by the city council. The above reaffirms the role of the mayor, mayor pro tempore, and city council in the City of Temecula, a general law city with a council-manager form of government. CITY OF TEMECULA CITY COUNCIL POLICY Aft Al �_?T Coo'( The Heart of Southern California Wine Country Title: Selection of Mayor and Mayor Pro Tempore Policy No. 4 Approved: TBD Revised: N/A PURPOSE: The purpose of this City Council policy is to provide a process for the selection of the Mayor and Mayor Pro Tempore to serve in honorary positions of the City Council. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: The City of Temecula is a general law city, operating under the structure of a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. The city council has within it the position of mayor and mayor pro tempore. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year. The selection of the mayor and mayor pro tempore occurs annually at the last regularly scheduled council meeting in December. In an election year, the selection of the mayor and mayor pro tempore shall occur at the regularly scheduled council meeting in December at which the election is certified after the results are declared and the new council is seated. Qualifications for Serving as Mayor and Mayor Pro Tempore To serve as mayor, an individual must have served on the city council for at least two years in their current term. To serve as mayor pro tempore, an individual must have served on the city council for at least one year in their current term. An individual may decline to serve in this role and/or resign at any time. Term of Mavor and Mavor Pro Tempore The term of mayor and mayor pro tempore shall be one year unless otherwise designated by a majority of the city council. Terms may be extended by a majority vote of the city council in a declared emergency such as a natural disaster. A regular report shall be provided to the city council in any circumstance whereby a term is extended on a temporary basis in an emergency circumstance. Terms may be also be limited by a majority vote of the city council under extenuating circumstances. Extentuating circumstances may include criminal activity, medical need, excessive absences from public meetings, or similar circumstance whereby a majority of the city council deems it appropriate to limit the term of mayor and/or mayor pro tempore. Rotation of Mayor and Mayor Pro Tempore The selection of the mayor and mayor pro tempore shall be determined by seniority based on a member's continuous length of service on the city council without having served as mayor. The individual with the longest continuous service on the council without having served as mayor shall be appointed to serve as mayor. The individual with the second longest continuous length of service on the council without having served as mayor shall be appointed to serve as mayor pro tempore. In the event two or more individuals have equal seniority, the individual with the higher vote count in his or her most recent election will be considered to have higher seniority and shall be selected. The position of mayor pro tempore shall automatically succeed to the position of mayor. The above reaffirms the selection policy of the mayor and mayor pro tempore for the city council in the City of Temecula. Said policy shall apply to both appointed and elected members of the city council. Item No. 20 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: May 23, 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 April 2023. CURRENT PLANNING ACTIVITIES Planning processed forty-four (44) new applications and conducted one (1) Public Hearing in April 2023. A detailed account of planning activities is attached to this report. Planning Statistics April Long Range Project 12 Accessory Dwelling Unit Conditional j, 3t Pertillt 2 Development Plan Massaue Permits 1 Modifications �13 Pre -Application 3 Public Convenience or Necessity 1 Temporary Use Permit 3 Vendor License Wireless Antenna Facility 1 Zoning Letter Total 44 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 meetings have taken place 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, September 27, 2022, and May 25, 2023, and the Old Town Temecula Planning Commission Subcommittee on October 19, 2022. The project is scheduled for Planning Commission on June 21, 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 Townhomes 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 website for the QLMP. The intent of the website is to provide a "dashboard" to display the seven Core Values and eventually incorporate the goals and policies of the updated General Plan. The website will also be used to measure the city's progress towards achieving the Citizen's 20-Year Priorities identified in the QLMP. The dashboard will be displayed on a third -party website and will incorporate links and useful indicators intended for user- friendly navigation. MIG currently drafting a style guide and wireframe for staff to review. (GARCIA) 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 executed the agreement for services and will begin updating the graphics as requested. Planning and Traffic Engineering have been working on updated street cross sections and a map to identify cross section placements. (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 scheduled for May 1 Oth. (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 was approved by City Council on April 25th, 2023. The project kickoff meeting with city staff is scheduled for May 15th. (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 project kickoff meeting with city staff is anticipated for mid -June. (GARCIA) Wayfinding Guide (LR23-0167): The city is working with a consultant, Alta Planning + Design, Inc., to implement a bicycle wayfinding system for the bike lanes and trails throughout the city. Alta will draft a wayfinding strategy memo that outlines best practices for destination selection, sign placement, and sign programming. The Multi -Use Trails and Bikeways Master Plan that was adopted in 2016 will act as an implementation and style guide to create an interconnected network designed to encourage more residents to use active transportation. The contract with Alta is in the works and the project kickoff is anticipated for mid -June. (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. Staff continues to work with the City Attorney's Office on drafting the Ordinance. (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) Quality of Life Ordinance (LR23-0050): An Ordinance to address some concerns in 4 key areas that Staff has public safety concerns, 1) Massage Businesses attempting to circumvent the exemptions provided for in the Municipal Code and address some operational concerns raise by RSO, 2) Tobacco or "Smoke" Shops increasing number within the City and the process of licensing such establishments, 3) Smoking along public sidewalks with a focus on Old Town and the impacts to the walkable family feel the City and business owners have worked so hard to create, and 4) The growing availability of Kratom. Staff met with the City Council Public Safety Ad Hoc Subcommittee (JABK) on 4/25 to discuss the proposed scope of the ordinance and to obtain Councilmembers feedback and direction on the proposed ordinance. Staff has further analysis to perform and will return with a draft ordinance in the near future for their review. (COLLINS) Annual Title 17 Cleanup (LR23-0180): An annual effort of Community Development to identify areas of the code that need clarification, correction or an update. This is also performed to implement various components of state law. Staff has begun compiling the proposed changes and an ordinance will be drafted shortly thereafter. (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 closed their interest list to the public, the lottery has taken place, and the property management company ConAm Management is working on getting future tenants approved before the move in date. 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. The Disposition and Development agreement is scheduled four City Council on May 23rd. (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 April 2023 are highlighted in the following table. Building & Safety Statistics April Permits 4S= New Single Family Units + 0 Ncnv Commercial Building 0 Photovoltaic 224 Tenant Impro� emeut 6 Non Constriction C of O 23 Dumber of ,erive Plan Checks 401 Number of Nmv Plan Checks ' 239 Dumber of Finaled Permits 302 Inspections. 3545 Inspections Per Day 177 Inspections Per Person Per Day 44 Stops Per Month 1035 isitors to Counter 0 Non -Construction Certificate of Occupancy Habitat for Humanity (8,720 SF) Small Animal Veterinary & Temecula Creek Equine Veterinary Service (3,693 SF) CycleBar (3,005 SF) Tenant Improvement • West Coast Pet Crematory Memorial (9,108 SF) • Walmart(11, 076 s y ft) • Mary Phillips Senior Center (7,886 SF1 CODE ENFORCEMENT During the month April, Code Enforcement responded to 141 web inquiries. In addition, the division opened 268 code cases, conducted 519 regular inspections, and forwarded 27 referrals. Code Fement Statistics April abandoned or Inoperable �elucle 2 - acant Home i Prop_ Maintenance . Infestation. Mold 8 Business or Horne Occupation w o license. CUP 12 Trash and Debris. Dumping 2D Overgrownegetation . Needs Fire Hazard 106 Green Pool 'Vector Control r Stagnant Water 5 �;Tafflti 23 'imm'Nuisance Animal Control , 11 Trailer. R%- Stored Boat. Parking 14 Zaasduction iv o PermitBuilding Code is ticroach Public RO . Trash Cans 13 ?oning'Signs 36 ?ublic Safety & Health 0 total Number of Cases 268 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. Foreclosure Statistics April Residential - Default: 47 Residential - Foreclosure 26 Residential - REC 11 Total - Residential 84 Commercial - Defaoult 2 Coammerual - Foreclosure 1 Commercial - REO 0 Total - Commercial 3 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant PA23-0141 30865 Jedediah Smith Rd 959-010-003 Jaime Cardenas 04/03/2023 Xavier Temecula, CA 92592 Hernandez Case Title / Description: Grammatico ADU: an Accessory Dwelling Unit application to for a 1200 square foot ADU with an attached 552 square foot garage and a 316 square foot covered patio on the property located at 30865 Jedediah Smith Road. PA23-0145 28676 Old Town Front St 922-044-009 Yannin Marquez 04/03/2023 04/26/2023 Dean Norris Temecula, CA 92590 Case Title / Description: Swing Inn Rod Run food vendor TUP: A Temporary Use Permit for selling food and alcohol at 28676 Old Town Front Street during the Rod Run event on May 5th & 6th 2023 from 10:00 AM to 11:00 PM. Company Owner Plan Type Status Giuseppe PL Accessory Plan Review Grammatico Dwelling Unit Bridgeton Lake PL Temporary Approved Holdings Use Permit PA23-0146 29750 Rancho California Rd 921-760-001 Jaime Cardenas 04/04/2023 Nick Stephens Davi Allen PL Modifications Plan Review Temecula, CA 92591 Case Title / Description: 7-Eleven ADA Improvements MOD: a modification application to adjust the slope of the ADA ramp to be compliant for the 7-Eleven located at 29750 Rancho California Road. PA23-0147 32225 Temecula Pky 960-010-047 Jaime Cardenas 04/04/2023 TJ Suwanswetr Temecula, CA 92592 Case Title / Description: Wal-Mart Paint MOD: a Modification Application for color scheme change to the existing building occupied by Wal-Mart located at 32225 Temecula Parkway. PA23-0148 41770 Margarita Rd, 100, 101, 921-330-033 Yannin Marquez 04/04/2023 04/20/2023 Brandi Quijas & 102 Temecula, CA 92591 Case Title / Description: Sycamore Terrace Apartments Solar MOD: a Modification Application (Planning Review Only) to install roof mounted solar panels located at 41770 Margarita Road, units 100, 101, and 102. PA23-0149 28551 Rancho California Rd 921-280-001 Jaime Cardenas 04/04/2023 Sabrina Frontino Temecula, CA 92590 Case Title / Description: Girlfriends of Inland Empire Market TUP: a Temporary Use Permit for a proposed vendor market from 11AM-4PM on April 14, 2023 on the property located at 28551 Rancho California Road. Redhawk Towne PI -Modifications Plan Review Center II Packer Pointe PL Modifications Approved Donald PL Temporary Cancelled Manderscheid Use Permit Page 1 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0150 41480 Sanborn Ave 910-272-008 Scott Cooper 04/04/2023 05/03/2023 Alfred Daher II Alfred Daher PL Public Approved Temecula, CA 92590 Convenience or Necessity Application Case Title / Description: 76 Service Station PCN: A Finding of Public Convenience or Necessity Application to allow a Type 20 ABC License for off -sale beer and wine for a gas station and convenience store, located at 41480 Sanborn Avenue. PA23-0151 45042 Corte Bella Donna 961-193-014 Yannin Marquez 04/04/2023 04/17/2023 Mark Flolo Mark Flolo PL Modifications Approved Temecula, CA 92592 Case Title / Description: Flolo Residence Deck Expansion MOD: a Modification Application (Planning Review Only) to expand an existing deck to a 530 square foot deck located at 45042 Corte Bella Donna. PA23-0152 40940 County Center Dr 910-110-088 Jaime Cardenas 04/05/2023 Ashley Hollihan County Center PL Wireless Out Temecula, CA 92591 Drive Inv Antenna Facility Case Title / Description: 40940 County Center Drive WTF: a Modification Application for new wireless antenna and supporting equipment on the existing wireless facility located at 40940 County Center Drive. PA23-0154 28406 Equity Dr 916-400-044 Scott Cooper 04/06/2023 Michael Grant Michael Grant PL Modifications Out Temecula, CA Case Title / Description: Lantern Crest MOD: A Modification to a previously approved Modification (PA19-1452) for revisions to the phasing, elevations, and site layout located at the southeast corner of Date Street and Ynez Road PA23-0155 29640 Solana Way 921-330-056 Scott Cooper 04/06/2023 Todd Balicki Griffin Living, PL Modifications Out Temecula, CA 92591 LLC Case Title / Description: Solana Way Assisted Living MOD: A Modification to a previously approved Development Plan (PA19-0940) to revise exterior elevations related to the location and number of windows, doors, and balconies. The project is located at 29640 Solana Way. PA23-0156 32465 San Marco Dr 959-142-048 Yannin Marquez 04/06/2023 05/02/2023 Jennifer Derrick PL Modifications Approved Temecula, CA 92592 Case Title / Description: Derrick JADU MOD: a Minor Modification Application (Planning Review Only) for the conversion of a third car garage into the living and kitchen area for a new 460 square foot junior accessory dwelling unit located at 32465 San Marco Drive. Page 2 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0158 921-030-044 Eric Jones 04/07/2023 Thomas Kim Greenlaw PL Development Plan Review Temecula, CA Temecula Plan Investor Case Title / Description: Diaz RE Holdings LLC. DP: A Development Plan Application to construct a lot that can accommodate uses such as RV, boat, POD, light construction equipment, surplus vehicle, and/or fleet vehicle parking and storage. The project is located at APN: 921-030-044. PA23-0159 31765 Temecula Pky 961-080-022 Eric Jones 04/07/2023 Kevin Kohan New Plan Excel PL Conditional Out Temecula, CA 92592 Realty Trust Inc. Use Permit Case Title / Description: Bark Social CUP: A Conditional Use Permit to allow a newly proposed restaurant with a dog play area to obtain an ABC Type-47 alcohol license. The project is located at 31781 Temecula Parkway. PA23-0160 40665 Winchester Rd, 8-103 910-290-006 Yannin Marquez 04/10/2023 Tammara Winchester PL Massage Plan Review Temecula, CA 92591 (Tammy) Miller Marketplace Permits Case Title / Description: Massage Green Spa MEP: A Massage Establishment Permit for Massage Green Spa located at 40665 Winchester Road, Suite B-103. PA23-0161 42101 Moraga Rd 921-310-025 Jaime Cardenas 04/10/2023 Jennifer Willert Saint Thomas PL Zoning or Plan Review Temecula, CA 92591 The Hermit Planning Letter Coptic Orthodox Church Case Title / Description: 42101 Moraga Road ZL: a zoning verification letter for the property located 42101 Moraga Road (921-310-025). PA23-0162 41754 Margarita Rd 921-810-010 Jaime Cardenas 04/10/2023 04/25/2023 Kasey Little Nova Group Fairfield PL Zoning or Completed Temecula, CA 92591 GBC Residential Planning Letter Company LLC Case Title / Description: Solana Ridge Apartments ZL: a Zoning Verification Letter for the project located at 41754 Margarita Road (921-810-010). PA23-0164 27460 Bostik Ct 909-360-038 Jaime Cardenas 04/11/2023 04/26/2023 Emily Carter Bostik Inc PL Modifications Approved Temecula, CA 92590 Case Title / Description: Bostik LN Tank MOD: a Modification Application for a proposed 3,000-gallon liquid nitrogen tank at the rear of the existing industrial building located at 27460 Bostik Court. PA23-0165 46422 Koh inoor Way 962-381-006 Jaime Cardenas 04/11/2023 Sonny Jeff Young PL Modifications Plan Review Temecula, CA 92592 Mascarenas Case Title / Description: Young Residence Patio Cover MOD: a Modification Application for an attached 462 square foot patio cover at the rear of the existing residence located at 46422 Kohinoor Way. Page 3 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date Applicant Company Owner Plan Type Status PA23-0168 29720 Rancho California Rd 921-320-021 Yannin Marquez 04/18/2023 Craig Blume Henkin Group PL Modifications Out Temecula, CA 92591 Case Title / Description: O'Reilly Auto Parts Exterior MOD: a Modification Application (Planning Review Only) to add a new door at the storefront, enlarge an existing door at the rear of building, new wall pack and replace door hardware at existing storefront system for O'Reilly Auto Parts located at 29720 Rancho California Road. PA23-0169 30791 Jedediah Smith Rd 959-010-002 Yannin Marquez 04/18/2023 Yueh-Chiao Lin Yueh-Chiao Lin PL Accessory Plan Review Temecula, CA 92592 Dwelling Unit Case Title / Description: Lin Residence ADU: an Accessory Dwelling Unit Application for a 876 square foot detached accessory dwelling unit located at 30791 Jedediah Smith Road. PA23-0174 26463 Ynez Rd 910-300-014 Jaime Cardenas 04/21/2023 Lauren Kimco Palm PL Temporary Cancelled Temecula, CA 92591 Robertson Plaza Use Permit Case Title / Description: Girls Day Out Market TUP: a Temporary Use Permit to host a local vendor market at the Tristone Cinemas parking lot located at 26463 Ynez Road. PA23-0175 31093 Temecula Pky 961-410-048 Jaime Cardenas 04/21/2023 Temecula Creek PL Conditional Plan Review Temecula, CA 92592 Plaza Use Permit Case Title / Description: Board and Brush Creative Studio CUP: a Conditional Use Permit application for a wood/craft art studio to obtain a Type 42 alcohol license at the commercial site located at 31093 Temecula Parkway, Suite D5. PA23-0176 42375 Remington Ave 909-370-036 Jaime Cardenas 04/24/2023 5670 TEMECULA 5670 PL Modifications Plan Review Temecula, CA 92590 TEMECULA Case Title / Description: Scotts Miracle Grow Mezzanine MOD: a Modification Application for the addition of a 6,975 square -foot mezzanine within the existing industrial building located at 42375 Remington Avenue. PA23-0178 31795 Rancho California Rd 954-030-002 Jaime Cardenas 04/24/2023 04/26/2023 Kellie Willits MHSC-Temecula PL Zoning or Completed Temecula, CA 92592 Planning Letter Case Title / Description: Meadows Village ZL: a zoning verification letter for the two parcels located in the Meadows Village commercial center located at the southeast corner of Rancho California and Meadows Parkway (954-030-002 and 954-030-003). PA23-0179 30470 Pauba Rd 945-050-017 Yannin Marquez 04/25/2023 04/26/2023 Roger Sherer PL Modifications Plan Review Temecula, CA 92592 Case Title / Description: Trinity Lutheran Church MOD: a Minor Modification (Planning Review Only) to extend the approval of the temporary use of the modular structures for a period of five years located at 30470 Pauba Road. Page 4 of 5 Assigned Planner Approval PA Number Project Address APN Apply Date Date PA23-0182 28636 Old Town Front St, 102 922-034-036 Eric Jones 04/27/2023 Temecula, CA 92590 Case Title / Description: Old Town Blues Club CUP MOD: a Minor Modification Application to modify an existing conditional use permit to change the alcohol beverage license from type 42 to type 90 and allow business doors to remain open while live music is played located at 28636 Old Town Front Street, Suite 102 PA23-0183 Applicant Company Owner Plan Type Status Andrew Doty Front & Main PL Modifications Applied Yannin Marquez 04/28/2023 Kenneth Haskins Case Title / Description: K&K Creamery Vendor Cart VL: An Outdoor Vendor License application for a roaming ice cream vendor cart operating Monday through Sunday from 10:00 a.m. to 8:00 p.m. PL Vendor Plan Review License PA23-0184 31208 Camino Del Este 953-041-031 Yannin Marquez 04/28/2023 Melinda Reyes Dave Madden Pat Pedrotti PL Accessory Plan Review Temecula, CA 92591 Architect Dwelling Unit Case Title / Description: Pedrotti Residence ADU: an Accessory Dwelling Unit application for a 1,197 square foot detached accessory dwelling unit located at 31208 Camino Del Este. PREAPP23-0163 27725 Jefferson Ave, 101 921-400-031 Jaime Cardenas 04/10/2023 04/25/2023 Salvador Herrera Jefferson Plaza PL Completed Temecula, CA 92590 Center Pre -Application Case Title / Description: Salud Family Restaurant Pre-App: a Pre -Application to review Salud Family Restaurant (formerly Antro Latin Lounge) located at 27725 Jefferson Avenue, Suite 101. PREAPP23-0166 28545 Felix Valdez Ave, 921-281-006 Yannin Marquez 04/12/2023 James Blakely PL Cancelled Building A Pre -Application Temecula, CA 92590 Case Title / Description: Elite Form Training LLC Pre-App: a Pre -Application for a sports training facility for grades K-12 located at 28545 Felix Valdez Avenue, Building A. PREAPP23-0177 40910 Temecula Center Dr 916-400-025 Scott Cooper 04/24/2023 Marcus Temecula, CA 92591 Kemmerer Case Title / Description: Mercedes Benz Sprinter Van Dealership Pre-App: A Pre -Application for an approximately 55,052 square foot Mercedes Benz Sprinter Van Dealership including sales, display, parts and service, detail area, employee wellness gym, and a 2nd story parking structure located adjacent to the existing Mercedes Benz Dealership on the southwest corner of Temecula Center Dr. and Ynez Rd. PL Plan Review Pre -Application Page 5 of 5 Item No. 21 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief DATE: May 23, 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 ATTACHMENT: Fire Monthly Report CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management ill.;: MONTHLY REPORT APRIL 2023 0 0 _,. 7 17165 1 �__--. 7 Engines I USAR 12 Truck I I Squad Population - 112,194 ing Calls far Service in 2U22 5 Stations - V•�` � rillri.: rim• - •5 S;•d IY• - T r V l 1111 APRIL CALL BREAKDOWN ,A_RIL Other Y..... -= - }s''• TYPE: i - # �, TYPE: = — ■fir # a Y;;_.r . {j• . f - fi� COMMERCIAL FIRE 0 TRAFFIC COLLISION 71 MULTI -FAMILY FIRE .0 MEDICAL EMERGENCY B20 TC RESIDENTIAL FIRE 3-- OTHER MISCELLANEOUS 0 PUBLIC ASSIST, - 41,; - WILDLAND FIRE77_7'_> _-. -- STANDBY-- . ►+ r „ , , �:. . i "VEHICLE FIRE •—'� = #==_MedicalEmergencies OTHER FIRE Lit r RESCUE ... Y ;� 0 lip ... - - RINGING ALARM -:�. _.. { It F - , •'� FALSE ALARM G4 HAZMAT4 :. -:• ' :.y r TOTAL: 74 n CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management MONTHLY REPORT APRIL 2023 ,}.. a MT'l-ON—TRENDS �+�r • _tom � - •- _ .. �,� f9 :� `l 1.71 i�AO:-'-- Y �f Iq /I q 7 2 k I�4 CALLS THIS MONTH i' ==s',.' : 1 . - .- li r := --- r F- CITY OF TEMECULA FIRE DEPARTMENT Operations I Prevention I Training I Emergency Management INUAI CHECKS/REVIEWS PERMITS: ; :.;;;,::M _:= IN ECTIONS _ -- I. 1 �•,f4 . � �.. 'r t Y a 518 YTD: 2120 �:=_' - YTD:1884 ,= YTD: 5 STRUCTM INSPECTIONS ; {- ► _ ' - -� MIS _ • - � ... '___ _ :� - a .. •�-_ _ 427 , —=— YTD:16O4 MONTHLY REPORT APRIL 2023 a� ;,;:;..... APRIL INSPECTION BREAKDOWN SPECIAL EVENT 26 _ YTD:115 q CITY OF TEMECULA FIRE DEPARTMENT Operations Prevention I Training I Emergency Management a 9 � MONTHLY REPORT I APRIL 2023= r -� PROGRAM HIGHLIGHTS:-•,,.,,,,'''fi PREPAREDNESS TRAINING / EVENTS {: �������.,�:�� ���r����������������/�}ff.,. ...rr��,�{r�����1� � , '- �kl�ll�ll��l_l_��I��111�����-Y • 2023 Emergency Operations Plan App vedbythe City Council &MMUnity Presentations: 3���,ti�,�,t„ Mikel Alford has met the requirements or and awarded the CalOES Emergency Management Specialist designation k PEO Women's Association �` ,_ �• �~ • OEM hosted the Kick -Off Meeting between the City of Temecula and DRC Pacific for our Catastrophic Emergency Vet Hospital Disaster Debris Removal standby agreement A a.. {.. ;� 1 _- ` ;�+, Michelle's Place (Stop the Bleed) --�----� — Community Preparedness Backpacks: 3- P��NNED COMMUNITY EVENTS SUPPORTED: �}�:� ,�����:���.������=a���— �� • Wolf Creek Safety Fair Ar �_ • TEEN CERT Course • TCSD Community Services Expo - GRANTS O CLAIMS: _ _ _ • Winter Storms 2023 DR-40: Riverside County has been added to thQrs Proclamation effective 20 April 2023 Initial Damage Estimate provided to Riverside County EMD — package is at CaIDES for review _ _ 2 . _ . fib'!, -� • OEM D Public Works are submitting a Hazard Mitigation project for Rainbow Canyon Drive (Land/Rock Slide Prevention) • COVID Emergency Reimbursement Package: Under Review by FEMA • Fairview Fire Management Assistance Grant (FMAG) Package: Under Review by CalOES YTD:1a Total: 325 - 4r EMERGENCY OPERATIONS CENTER,,V,'__, , Activations: :a Current Status: L,�ye1.4- Nor al Aerations Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Chris Durham, Chief of Police DATE: May 23, 2023 SUBJECT: Temecula Sheriff's Monthly Report (April 2023) PREPARED BY: RECOMMENDATION: Chris Mattson, Sergeant Receive and file. The following report reflects the activity of the Temecula Sheriff's Department for April 2023. PATROL SERVICES Overall calls for police service.................................................................................................6,258 "Priority One" calls for service......................................................................................................82 Average response time for "Priority One" calls.........................................................................6.35 1IWIXIW►11MWA30 Chaplain....................................................................................................................................81.75 Community Action Patrol (CAP) hours..................................................................................556.20 Reserve officer hours (patrol)......................................................................................................134 Explorer.......................................................................................................................................41.5 Station/Administration..............................................................................................................17.50 Total Volunteer hours.............................................................................................................813.45 C�]11_I711COWSHI SI Total customers served.....................................................................................522 Fingerprints/Live Scan.......................................................................................76 Policereports filed..............................................................................................2 Citationssigned off..........................................................................................11 Totalreceipts...........................................................................................................................$5,638 CRIME PREVENTION Crime prevention/Neighborhood watch meetings...........................................................................1 Safety presentations/Training................................................................................0 Specialevents.................................................................................................................................12 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours.................................................................................................................................... l Planning Review Projects.......................................................................................3 Temp Outdoor Use Permits..................................................................................13 SPECIAL TEAMS (CORE) ReportsWritten...............................................................................................16 Onsight felony arrests..................................................................................................................... I On sight misdemeanor arrests................................................................................8 Felony arrest warrants served................................................................................. I Misdemeanor arrest warrants served.............................................................................................26 AreaChecks.....................................................................................................78 CampChecks................................................................................................................................15 PedestrianChecks.....................................................................................................35 Traffic Stops/Vehicle Checks..................................................................................................... 1/0 Outreachattempts / Success........................................................................................................ 5/6 SPECIAL TEAMS (Metro District Team) Onsight, felony arrests......................................................................................18 On sight, misdemeanor arrests.......................................................................................................26 Felony arrest warrants served..........................................................................................................6 Misdemeanor arrest warrants served.............................................................................................70 Bar/Business checks......................................................................................................................48 D.U.I. Arrests..................................................................................................................................4 Traffic/Parking citations.............................................................................................................147 FirearmsSeized................................................................................................0 SPECIAL TEAMS (Special Enforcement Team) Onsight felony arrests.....................................................................................................................1 On sight misdemeanor arrests.......................................................................................................... I Felony arrest warrants served...........................................................................................................1 Misdemeanor arrest warrants served................................................................................................4 Follow-up investigations/search warrants...................................................................16 Parole/Probation Searches...............................................................................................................I PedestrianChecks...................................................................................................1 Traffic Stops/Vehicle Checks.......................................................................................................1/1 Marijuana Dispensary Checks....................................................................................................... 0 ROBBERY/BURGLARY SUPPRESSION TEAM BeginningCaseload.......................................................................................................................48 TotalCases Assigned....................................................................................................................22 TotalCases Closed........................................................................................................................19 Search Warrants prepared/served...................................................................................................4 Arrests..............................................................................................................................................8 Outof Custody Filings............................................................................................9 TRAFFIC Citations issued for hazardous violations..................................................................................1169 Non -hazardous citations...............................................................................................................163 Parkingcitations...........................................................................................................................178 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................39 Seatbelts.........................................................................................................................................26 CellPhone Cites...........................................................................................................................264 Injurycollisions.............................................................................................................................27 D.U.I. Arrests.................................................................................................................................33 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................2 Grant -funded traffic click it or ticket/traffic enforcement..............................................................4 INVESTIGATIONS BeginningCaseload.......................................................................................................................90 TotalCases Assigned....................................................................................................................31 TotalCases Closed........................................................................................................................42 Search Warrants prepared/served .................................................................................................26 Arrests..............................................................................................................................................2 Outof Custody Filings............................................................................................5 Sex Offenders Processed....................................................................................20 PROMENADE MALL TEAM Callsfor service...........................................................................................................................181 Felonyarrest/filings.........................................................................................................................2 Misdemeanor arrest/filings..............................................................................................................9 TrafficCitations..............................................................................................22 Total customers served................................................................................................................703 Fingerprints/Live Scans...............................................................................................................187 Totalreceipts........................................................................................... $6,594 SCHOOL RESOURCE OFFICERS Felonyarrest.....................................................................................................................................2 Misdemeanor arrests........................................................................................................................9 Reports...........................................................................................................................................28 Citations.........................................................................................................................................19 Meetings/Presentations................................................................................................................197 Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 23, 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 May 23, 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: $37,831,090 Status: The City will receive 30% plans for a two -span bridge at the end of May, 2023. Environmental agencies have stated that a low -flow crossing is a non -starter. A bridge will exacerbate flooding. Staff is discussing options to proceed with this project. 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 May 23, 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: Project is under construction May 2023 — May 2025 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. Rainbow Canyon Road Pavement Rehab, PW22-15 Description Design and construction of pavement rehab for Rainbow Canyon Rd from Pechanga Parkway to southern City Limits. Cost: $2,900,000 Status: Design has started. SB&O subconsultants have started ground penetrating radar scope of work to locate gas lines located underneath the roadway. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 May 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 May 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 And then suspended due to low temperatures. Construction restarted 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. The Paloma Del Sol portion of the project is complete. Final road striping and raising of utilities currently underway in the Meadowview area. Anticipated completion of project is end of May 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 and 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 5/26/23. Construction completion is anticipated at the end of June 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 May of 2023. Traffic Signal- System Upgrade (Protective/Permissive Signal Heads), PW19-09 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 is currently out to bid. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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. Full GIS drainage update anticipated in June 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 -June, 2023. Design for Phase 2 started in February 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 May and will be re -advertised shortly after that. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 and is also installing drywall. 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/October 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 3/29/2023 and is anticipated to last for 5 months. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 awarded on 5/9/23. Construction set to start first part of July, 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 Summer 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. 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. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 2023 INFRASTRUCTURE PROJECTS (Continued) 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. NOC filed on April 24, 2023. 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 May 23, 2023 PARKS AND RECREATION PROJECTS Murrieta Creek Improvements, PW21-13 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. Received approval of plans and specifications and authorization to advertise for construction bids at 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: 100% PS&E documents are currently under final review. Authorization to bid is scheduled for the May 23, 2023, City Council Meeting. 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 May 23, 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: Contract has been fully executed. Contractor is addressing comments from building and safety. In the process of requisitioning a purchase order. Installation of shade structure is anticipated to start in July 2023. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 Request for Quotes is being drafted to compile a list of qualified design -builders. RFP to go out to qualified finalists. A list of improvements and performance standards has been drafted by DEA to include in the RFQ. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT May 23, 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 May 23, 2023 LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued) 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 Of ITAI , Public Comment: Non -Agenda Item: n Item Description or Item No. L)1 � REQUEST TO SPEAK CITY OF TEMECULA Date: Agenda Item: El 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. Name: Pa_�h�r C� 1 na 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 140CITY OF TEMECULA G(1989989 / Date: i Public Comment: Non -Agenda Item: Agenda Item: El 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 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 spM alled o speak, please come forward to the podium and state your name for the record. f�, /Name �(w V ; 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 REQUEST TO SPEAK CITY OF TEMECULA Date c,,4 `) 2-o �-3 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 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: Phone Number? Address: ` _ � e'9 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. 1`OV re11F C�. e ' Iy�N aa. alx Public Comment: Non -Agenda Item: ❑ Item Description or Item No. M REQUEST TO SPEAK CITY OF TEMECULA �IZ- 3r2 � Date: Agenda Item: M Future Agenda Item: El l'-C)' (rl(mvk� 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: G d.l� I mo' � Phone Number: Address: �-A 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.