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AGENDA
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 25, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed
session pursuant to Government Code Section 54956.8 regarding the acquisition of an approximate 594
square foot permanent easement for public utility and reclaimed water line purposes, and all uses
necessary or convenient thereto (Subject Easement) and an approximate 722 square foot temporary
construction easement with a term of six months (TCE) on the real property located at 40365 Margarita
Road, Temecula, California, and identified as APN 920-080-020 ("Property") in connection with the
Santa Gertrudis Creek Phase II Bike Trail Margarita Road Undercrossing Project, PW 19-04. The
Subject Easement is a small strip located within an existing easement in favor of Rancho California
Water District (RCWD), except for a small portion located in a landscaped area on the Property directly
adjacent to the RCWD easement. The approximate 722 square foot TCE is located directly adjacent to
the Subject Easement and is needed for six months to facilitate the construction of the Project. The
Property is owned by Longs Drugs Stores, Inc., a California corporation, and improved with a CVS
Drug Store. The negotiating parties are the property owner Longs Drugs Stores, Inc., and the City of
Temecula. Property Negotiators for the City are Patrick Thomas, William Becerra, and Melissa Mann,
RWA of Epic Land Solutions, Inc. Under negotiations are price and terms of the acquisition of the
Subject Easement and TCE.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed
session pursuant to Government Code Section 54956.8 regarding the acquisition of certain property
interests from the real property located at 39622 Leifer Road in the City of Temecula (APN
957-090-023). Specifically, the City seeks to acquire an approximate 31,168 square foot temporary
construction easement with a term of 12 months, covenant authorizing the construction of certain
permanent improvements in portions of that 31,168 square foot area. This acquisition is in connection
with the proposed extension of Nicolas Road from its current termination at Calle Girasol easterly to
Butterfield Stage Road, Project Number LD20-1114 ("Project"). The negotiating parties are the City of
Temecula and the property owners Isaac G. Navejar and Isabel L. Navejar, as Co -Trustees of the
Navejar Living Trust, U/A dated July 18, 2019. Negotiators for the City are Patrick Thomas and Ron
Moreno. Under negotiations are price and terms of the acquisition of these property interests.
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 four matters of potential litigation. A point has been reached where, in the opinion of the City
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City Council Agenda July 25, 2023
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: Dr. Brenda Harper of AACTS International Ministries
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
BOARD / COMMISSION REPORTS
Planning Commission
PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department
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. Speaker cards will be called in the order
received. Still images may be displayed on the projector. All other audio and visual use is prohibited.
Public comments may also be submitted by email for inclusion into the record. Email comments must
be received prior to the time the item is called for public comments and submitted to
CouncilComments@temeculaca.gov. All public participation is governed by 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 matters 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. Speaker cards will be called in the order received. Still
images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments
may also be submitted by email for inclusion into the record. Email comments must be received prior to
the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov.
All public participation is governed by 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 A eg nda
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City Council Agenda July 25, 2023
2.
3.
4.
5.
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
Approve Action Minutes of July 11, 2023
Recommendation: That the City Council approve the action minutes of July 11, 2023.
Attachments: Action Minutes
Approve List of Demands
Recommendation
Attachments
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
Agenda Report
Resolution
List of Demands
Approve City Treasurer's Report as of April 30, 2023
Recommendation: That the City Council approve and file the City Treasurer's Report as of
April 30, 2023.
Attachments: Agenda Report
April Treasurer's Report
Adopt Resolution to Establish the Amount of the Voter -Approved Measure C Annual Special
Tax Levy 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 ESTABLISHING THE AMOUNT OF THE SPECIAL
TAX LEVY FOR FISCAL YEAR 2023-24 TO PROVIDE FOR
RECREATION AND HUMAN SERVICES PROGRAMS AND THE
OPERATION, MAINTENANCE AND SERVICING OF PUBLIC
PARKS AND RECREATIONAL FACILITIES, MEDIAN
LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS
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City Council Agenda July 25, 2023
Attachments: Agenda Report
Resolution
6. Approve First Amendment to the Agreement with Bio Tox Laboratories, Inc. for Toxicology and
Lab Services
7.
8.
Recommendation
Attachments:
That the City Council approve the First Amendment to the Agreement
with Bio Tox Laboratories, Inc., to increase the payment in the amount of
$195,000 for a total agreement amount of $445,000 and to extend the
term to June 30, 2025.
Agenda Report
Amendment
Approve Agreement with Ultra Shine, Inc., for Janitorial Services for City Facilities for Fiscal
Year 2023-24
Recommendation: That the City Council:
1. Approve an Agreement with Ultra Shine, Inc., in the amount of
$353,427, to provide Janitorial Services for City Facilities for Fiscal Year
2023-24; and
2. Approve contingency for extra work in the amount of $35,343, which is
approximately 10% of the Agreement amount.
Attachments: Agenda Report
Agreement
Award Construction Contract to Select Electric, Inc., for Traffic Signal - System Upgrade
(Protected/Permissive Signal Heads), PW 19-09
Recommendation: That the City Council:
1. Award a construction contract to Select Electric, Inc., in the amount of
$497,500 for the Traffic Signal- System Upgrade (Protected/Permissive
Signal Heads) Project, PW19-09; and
2. Authorize the City Manager to approve change orders not to exceed the
contingency amount of $49,750, which is equal to 10% of the contract
amount; and
3. Approve a transfer of Measure S Funds from the Traffic Signal Equipment
Enhancement Program -Citywide Project; to the Traffic Signal - System
Upgrade (Protected/Permissive Signal Heads) Project, PW 19-09, in the
amount of $130,000; and
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City Council Agenda July 25, 2023
4. Make a finding that the Traffic Signal - System Upgrade
(Protected/Permissive Signal Heads) Project, PW19-09, is exempt from
Multiple Species Habitat Conservation Plan fees.
Attachments: Agenda Report
Contract
Project Description
Location Map
9. Adoat Resolution Aaarovins Purchase and Sale Agreement for the Purchase of Certain Real
Property Interests on Real Property Located at 31249Indian Summer Road in the City of
Temecula (APN 957-090-022) in Connection with the Construction of Off -Site Improvements
for the Proposed Extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN
LAM NGO & HUYEN LAM TRAN AND THE CITY OF TEMECULA
IN CONNECTION WITH THE CALLE GIRASOL/NICOLAS ROAD
CONNECTION STREET AND DRAINAGE IMPROVEMENTS
(PORTIONS OF APN 957-090-022) AND MAKING FINDINGS THAT
NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED
PURSUANT TO SECTION 15162 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION
21166 OF THE PUBLIC RESOURCES CODE
Attachments: Agenda Report
Resolution
Purchase and Sale Agreement
Exhibit 1
FXh;h;t
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
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City Council Agenda July 25, 2023
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters
not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person
at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order
received. Still images may be displayed on the projector. All other audio and visual use is prohibited.
Public comments may also be submitted by email for inclusion into the record. Email comments must
be received prior to the time the item is called for public comments and submitted to
CouncilComments@temeculaca.gov. All public participation is governed by 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. Speaker cards will be called in the order
received. Still images may be displayed on the projector. All other audio and visual use is prohibited.
Public comments may also be submitted by email for inclusion into the record. Email comments must
be received prior to the time the item is called for public comments and submitted to
CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding
Public Participation at Meetings adopted by Resolution No. 2021-54.
10. Approve Action Minutes of July 11, 2023
Recommendation: That the Board of Directors approve the action minutes of July 11, 2023.
Attachments: Action Minutes
CSD PUBLIC HEARING
Any person may submit written comments to the Board of Directors 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
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City Council Agenda July 25, 2023
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
Board. The President 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 President 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.
11. Approve Temecula Community Services District 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 ADOPTING RATES AND CHARGES FOR SERVICE
LEVEL B - RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C -
PERIMETER LANDSCAPING, SERVICE LEVEL D - RECYCLING
AND REFUSE COLLECTION, AND SERVICE LEVEL R -
EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR
FISCAL YEAR 2023-24
Attachments: Resolution
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,
August 8, 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.
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City Council Agenda July 25, 2023
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO
MEETING
TEMECULA HOUSING AUTHORITY - NO MEETING
TEMECULA PUBLIC FINANCING AUTHORITY
CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
TPFA PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters
not listed on the agenda. Each speaker is limited to 3 minutes. 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. Speaker cards will be called in the order received. Still images may be displayed
on the projector. All other audio and visual use is prohibited. Public comments may also be submitted
by email for inclusion into the record. Email comments must be received prior to the time the item is
called for public comments and submitted to CouncilComments@temeculaca.gov. All public
participation is governed by Council Policy regarding Public Participation at Meetings adopted by
Resolution No. 2021-54.
TPFA CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Temecula Public
Financing Authority request specific items be removed from the Consent Calendar for separate action. A
total of 30 minutes is provided for members of the public to address the Board of Directors on items that
appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in
person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the
order received. Still images may be displayed on the projector. All other audio and visual use is
prohibited. Public comments may also be submitted by email for inclusion into the record. Email
comments must be received prior to the time the item is called for public comments and submitted to
CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding
Public Participation at Meetings adopted by Resolution No. 2021-54.
12. Authorize Fiscal Year 2023-24 Special Tax Levies for the Community Facilities Districts
Recommendation: That the Board of Directors adopt the following resolutions entitled:
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 01-02 (HARVESTON)
Page 8
City Council Agenda July 25, 2023
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-06 (HARVESTON II)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-01 (CROWNE HILL)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-03 (WOLF CREEK)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 03-02 (RORIPAUGH RANCH)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 16-01 (RORIPAUGH RANCH PHASE 2)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 19-01 (MUNICIPAL SERVICES)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
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City Council Agenda July 25, 2023
TEMECULA PUBLIC FINANCING AUTHORITY AUTHORIZING
THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 20-01 (HEIRLOOM FARMS - MUNICIPAL
SERVICES)
Attachments: Agenda Report
Resolution CFD 01-02 (Harveston)
CFD 01-02 Budget Report - Special Tax A & B (Harveston)
Resolution CFD 03-06 (Harveston II)
CFD 03-06 Budget Report
(Harveston II)
Resolution CFD 03-01
(Crowne Hill)
CFD 03-01 Budget Report
(Crowne Hill)
Resolution CFD 03-03
(Wolf Creek)
CFD 03-03 Budget Report
(Wolf Creek)
Resolution CFD 03-02
(Roripaugh Ranch)
CFD 03-02 Budget Report
(Roripaugh Ranch)
Resolution CFD 16-01
(Roripaugh Ranch Phase 2)
CFD 16-01 Exhibit A
(Roripaugh Ranch Phase 2)
CFD 16-01 Budget Report
(Roripaugh Ranch Phase 2)
Resolution CFD 19-01
(Municipal Services)
CFD 19-01 Exhibit A
(Municipal Services)
CFD 19-01 Budget Report
(Municipal Services)
Resolution CFD 20-01
(Heirloom Farms - Municipal Services)
CFD 20-01 Exhibit A
(Heirloom Farms — Municipal Services)
CFD 20-01 Budget Report
(Heirloom Farms)
TPFA EXECUTIVE DIRECTOR REPORT
TPFA BOARD OF DIRECTOR REPORTS
TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, August
8, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the
Council Chambers located at 41000 Main Street, Temecula, California.
Page 10
City Council Agenda July 25, 2023
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or may appear
and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you
challenge a project in court, you may be limited to raising only those issues you or someone else raised
at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public
hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in
person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be
included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov.
Email comments on all matters, including those not on the agenda, must be received prior to the time
the item is called for public comments. At public hearings involving land use matters, the property
owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial
presentation, and an additional 10 minutes for rebuttal by its development team following other
comments on the matter. An appellant, other than the property owner and/or applicant, and the
spokesperson for an organized group of residents residing within the noticed area of the property, which
is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the
Council. The Mayor may allow more time if required to provide due process for the property owner,
applicant or appellant. All other members of the public may speak during the public hearing for a
maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the
event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the
public to speak. All public participation is governed by the Council Policy regarding Public
Participation at Meetings adopted by Resolution No. 2021-54.
13. Adopt Weed Abatement Lien Resolution 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 ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE CITY
OF TEMECULA FOR COSTS OF ABATEMENT AND REMOVAL OF
HAZARDOUS VEGETATION FOR FISCAL YEAR 2023-24
Attachments: Agenda Report
Resolution
Exhibit A
Notice of Public Hearing
14. Recommended Adoption of Resolution of Necessitv for Acauisition by Eminent Domain of
Certain Real Property Interests for Public Purposes on Assessor's Parcel Number 957-090-023
in Connection with the Construction of Public Street, Drainage, and Related Improvements, and
all Uses Necessary or Convenient Thereto for the Proposed Extension of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
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City Council Agenda July 25, 2023
Recommendation:
That the City Council take the following actions:
1. Consider the following Resolution, which is Resolution of Necessity of
the City of Temecula, declaring certain real property interests necessary
for public purposes and authorizing the acquisition thereof for public use
in connection with the construction of public street, drainage, and related
improvements, and all uses necessary or convenient thereto for the
proposed extension of Nicolas Road from Butterfield Stage Road to the
Calle Girasol/Nicolas Road Connection:
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY INTERESTS
NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE
ACQUISITION THEREOF IN CONNECTION WITH THE PUBLIC
STREET, DRAINAGE, AND RELATED IMPROVEMENTS FOR THE
NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD TO THE
CALLE GIRASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-090-023) AND MAKING
FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION
21166 OF THE PUBLIC RESOURCES CODE
2. Open and conduct a hearing on the adoption of the proposed Resolution
of Necessity, receive from City Staff the evidence stated and referred to in
this Agenda Report ("Report"), take testimony from any person wishing
to be heard on issues A, B, C, and D below, and consider all evidence to
determine whether to adopt the proposed Resolution of Necessity.
3. If the City Council finds, based on the evidence contained and referred
to in this Report, the testimony and comments submitted to the City
Council, that the evidence warrants the necessary findings with respect to
the proposed Resolution of Necessity, then City Staff recommends that
the City Council, in the exercise of its discretion, adopt proposed
Resolution No. 2023- ("Resolution of Necessity"), which requires
a 4/5ths vote of the entire City Council, authorizing the acquisition by
eminent domain of the Subject Property Interests summarized below and
described more particularly in the Exhibits to the Resolution of Necessity
(i) Isaac G. Navejar and Isabel L. Navejar — 39622 Liefer Road,
Temecula (APN 957-090-023 — Navejar Parcel)
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City Council Agenda July 25, 2023
- An approximate 31,168 square foot temporary construction easement
with a term of twelve months on the Navejar Parcel described more
particularly on EXHIBIT A and depicted on EXHIBIT B to Resolution
No. 2023- with a covenant authorizing the construction of certain
permanent rip -rap and related drainage improvements in portions of said
approximate 31,168 square foot temporary construction easement area
shown roughly on EXHIBIT C to Resolution No. 2023-
The approximate 31,168 square foot temporary construction easement the
City seeks to acquire on the Navejar Parcel with the covenant authorizing
the construction of permanent rip -rap and related drainage improvements
in portions of said 31,168 square foot area are referred to below
collectively as the "Subject Property Interests." The Subject Property
Interests are located on the portions of the Navejar Property within the
Long Valley Wash, a natural flood control channel.
4. If the City Council adopts the proposed Resolution of Necessity,
authorize the City Attorney's Office to file and prosecute an eminent
domain proceeding for the acquisition of the Subject Property Interests by
eminent domain.
5. Authorize the City Manager to execute all necessary documents.
6. Authorize the City Clerk to certify the adoption of the Resolution of
Necessity.
Attachments: Agenda Report
Resolution
Exhibits A, B, C
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
15. Fire Department Monthly Report
Attachments: Agenda Report
May & June 2023 Monthly Report
16. Police Department Monthly Report
Attachments: Agenda Report
17. Public Works Department Monthly Report
Attachments: Agenda Report
Project Status Report
Page 13
City Council Agenda July 25, 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, August 8, 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 14
Item No. 1
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk
DATE: July 25, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in
the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk
RECOMMENDATION: That the City Council waive the reading of the title and text of all
ordinances and resolutions included in the agenda.
BACKGROUND: The City of Temecula is a general law city formed under the laws of
the State of California. With respect to adoption of ordinances and resolutions, the City adheres to
the requirements set forth in the Government Code. In accordance with Government Code Section
34934, the title of each ordinance is included on the published agenda and a copy of the full
ordinance has been available to the public online on the City's website and will be available in
print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise
required, the full reading of the title and text of all ordinances and resolutions is waived.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 11, 2023 - 6:00 PM
CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Robin McCoy of Women Organizing Women, Inc.
FLAG SALUTE: Mayor Pro Tem James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart
BOARD / COMMISSION REPORTS
Community Services Commission
PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)
PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Jeffrey A. Wittek • Bob Kowell
• Sheri Mako & Denyse Wilson • Kim Kelliher
• Dario Bianchi • Joyce Bianchi
• Derek Kinnison • Sabina Uriarte
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 June 13, 2023
Recommendation: That the City Council approve the action minutes of June 13, 2023.
3. Approve List of Demands
Recommendation: That the City Council adopt resolutions entitled:
RESOLUTION NO. 2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A - MAY 30, 2023 - JUNE 8, 2023
RESOLUTION NO. 2023-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS
SET FORTH IN EXHIBIT A - JUNE 13, 2023 - JUNE 26, 2023
4. Approve a Five -Year Sponsorship and Economic Development Funding Agreement Between
the City of Temecula and the Temecula Valley Chamber of Commerce for Fiscal Year 2023-24
Through Fiscal Year 2027-28 (At the Request of Subcommittee Members Mayor Pro Tem
Stewart and Council Member Kalfus)
Recommendation: That the City Council approve a Five -Year Sponsorship and Economic
Development Funding Agreement between the City of Temecula and the
Temecula Valley Chamber of Commerce for Fiscal Year 2023-24
through Fiscal Year 2027-28.
5. Approve Memorandum of Understanding Between the Riverside County Department of
Environmental Health and the City of Temecula for Vector Control Services and Onsite
Wastewater Treatment Systems
Recommendation:
That the City Council approve the Memorandum of Understanding
between the Riverside County Department of Environmental Health and
the City of Temecula for Vector Control Services and Onsite Wastewater
Treatment Systems.
6. Adopt the 2022 City of Temecula Local Hazard Mitigation Plan Annex to the Riverside County
Operational Area Multi -Jurisdictional Hazard Mitigation Plan
Recommendation: That the City Council adopt the resolution entitled:
RESOLUTION NO. 2023-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE 2022 CITY OF TEMECULA LOCAL
HAZARD MITIGATION PLAN ANNEX TO THE RIVERSIDE
COUNTY OPERATIONAL AREA MULTI -JURISDICTIONAL
HAZARD MITIGATION PLAN
2
7. Accept Easements Dedicated to the Public in Connection with the Sommers Bend Development
and Authorization to Quitclaim Said Easement to the Riverside County Flood Control and
Water Conservation District
8.
9.
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A QUITCLAIM DEED FOR THE
TRANSFER TO RIVERSIDE COUNTY FLOOD CONTROL AND
WATER CONSERVATION DISTRICT OF THE CITY OF
TEMECULA'S INTEREST IN AND TO A CERTAIN EASEMENT
FOR STORM DRAIN AND DRAINAGE PURPOSES DEDICATED
TO THE PUBLIC PURSUANT TO TRACT MAP 37368 AND TRACT
MAP 37341-13 IN CONNECTION WITH THE SOMMERS BEND
SOUTH LOOP ROAD IMPROVEMENTS
Approve Tract Maps 37925, 37926 and 37928 (Located at the Northwest Corner of Murrieta
Hot Springs Road and Butterfield Stage Road)
Recommendation: That the City Council:
1. Approve Tract Maps 37925, 37926, and 37928 in conformance with
the Conditions of Approval; and
2. Approve the Subdivision Improvement Agreement with the
Developer; and
3. Approve the Subdivision Monumentation Agreement with the
Developer; and
4. Authorize the City Manager to execute the agreements on behalf of
the City.
Establish All -Way Stop Control at the Intersection of Wolf Creek Drive North and Redwood
Road/Alpine Place
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT
THE INTERSECTION OF WOLF CREEK DRIVE NORTH AND
REDWOOD ROAD/ALPINE PLACE AND FINDING THAT THE
ACTION IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER SECTION 15301(C) OF THE CEQA
GUIDELINES
3
10. Approve First Amendment with Diversified Waterscapes, Inc. for Lake and Pond Maintenance
Services for Fiscal Years 2024-27
Recommendation:
That the City Council approve the First Amendment to the Minor
Maintenance Agreement with Diversified Waterscapes, Inc., to provide
Lake and Pond Maintenance Services for Fiscal Years 2024-27, in the
amount of $600,000.
11. Accept Improvements and File the Notice of Completion for Citywide Concrete Repairs Fiscal
Year 2021-22, PW22-01
Recommendation:
RECESS:
That the City Council:
1. Accept the improvements for the Citywide Concrete Repairs Fiscal
Year 2021-22, PW22-01, as complete; and
2. Direct the City Clerk to file and record the Notice of Completion,
release the Performance Bond, and accept a one-year Maintenance Bond
in the amount of 10% of the final contract amount; and
3. Release the Labor and Materials Bond seven months after filing the
Notice of Completion, if no liens have been filed.
At 6:44 PM, the City Council recessed and convened as the Temecula Community Services District
Meeting. At 6:55 PM the City Council resumed with the remainder of the City Council Agenda.
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
15. Adopt Resolution Reconfirming the Automatic Annual Fee Adjustment in the Western
Riverside County Multiple Species Habitat Conservation Plan Local Development Mitigation
Fee Applicable to All Developments in the Plan Area Pursuant to Temecula Municipal Code
Section 15.10.050.d
Recommendation: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RECONFIRMING THE AUTOMATIC ANNUAL FEE
ADJUSTMENT IN THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN LOCAL
DEVELOPMENT MITIGATION FEE APPLICABLE TO ALL
DEVELOPMENTS IN THE PLAN AREA PURSUANT TO
TEMECULA MUNICIPAL CODE SECTION 15.10.050.1) AND
MAKING CEQA FINDINGS (LR23-0221)
4
Approved the Staff Recommendation (5-0): Motion by Kalf is, Second by Brown. The vote
reflected unanimous approval.
16. Adopt Resolution to Approve the Solid Waste and Recycling Rates for Commercial Customers
for Fiscal Year 2023-24
Recommendation:
That the City Council adopt a resolution entitled:
RESOLUTION NO. 2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA TO APPROVE THE SOLID WASTE AND RECYCLING
RATES FOR COMMERCIAL CUSTOMERS FOR FISCAL YEAR
2023-24
Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Brown. The vote
reflected unanimous approval.
DEPARTMENTAL REPORTS (RECEIVE AND FILE)
17. City Council Travel/Conference Report
18. Community Development Department Monthly Report
19. Police Department Monthly Report
ITEMS FOR FUTURE CITY COUNCIL AGENDAS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
At 7:11 PM, the City Council meeting was formally adjourned to Tuesday, July 25, 2023, at 4:30 PM
for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000
Main Street, Temecula, California.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
5
Item No. 3
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Senior Accounting Technician
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 $ 9,414,5 00.3 8.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25th day of July, 2023.
Zachary Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of July, 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
06/28/2023 TOTAL CHECK RUN:
767,668.59
06/29/2023 TOTAL CHECK RUN:
6,971,811.93
07/05/2023 TOTAL CHECK RUN:
542,949.12
07/06/2023 TOTAL CHECK RUN:
262,274.28
07/06/2023 TOTAL PAYROLL RUN:
869,796.46
TOTAL LIST OF DEMANDS FOR 07/25/2023 COUNCIL MEETING: $ 9,414,500.38
DISBURSEMENTS BY FUND: CHECKS
001
GENERAL FUND
1,254,085.78
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
15,306.05
125
PEG PUBLIC EDUCATION & GOVERNMENT
9,996.91
140
COMMUNITY DEV BLOCK GRANT
11,053.69
165
AFFORDABLE HOUSING
1,457.65
190
TEMECULA COMMUNITY SERVICES DISTRICT
309,667.19
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
26,464.50
194
TCSD SERVICE LEVEL D REFUSE RECYCLING
4,677,986.89
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
3,710.15
197
TEMECULA LIBRARY FUND
22,342.68
210
CAPITAL IMPROVEMENT PROJECTS FUND
2,013,146.27
300
INSURANCE FUND
1,595.70
305
WORKERS' COMPENSATION
1,595.75
320
INFORMATION TECHNOLOGY
61,893.65
325
TECHNOLOGY REPLACEMENT FUND
7,995.15
330
SUPPORT SERVICES
14,000.49
340
FACILITIES
90,760.10
350
FACILITY REPLACEMENT FUND
2,027.50
481
TRUSTEE ADMIN FEES
1,239.00
501
SERVICE LEVEL"C"ZONE I SADDLEWOOD
353.83
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
608.76
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
135.00
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
967.08
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
357.97
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
387.83
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
212.16
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
89.35
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
328.68
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
73.52
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
292.68
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
5,723.28
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
323.77
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
165.13
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
115.49
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
40.44
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
764.84
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
217.87
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
139.88
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
1,133.47
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
93.53
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
4,498.03
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
635.70
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
640.66
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
79.87
$ 8,544,703.92
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
700 CERBT CALIFORNIA EE RETIREE-GASB45
408,806.81
1,111.83
642.84
2,740.82
310,672.53
1,526.50
208.91
4,439.75
2,981.64
2,981.69
48,249.81
5,360.21
9,699.64
70,373.48
869,796.46
TOTAL BY FUND: $ 9,414,500.38
apChkLst Final Check List Page: 1
O6/28/2023 9:55:45AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504976 6/29/2023 020724 79 FIELD HOCKEY INC
Description
TCSD INSTRUCTOR EARNINGS
504977 6/29/2023 022546 AIRWAVE COMMUNICATIONS,
ANTENNA SYS COMPLIANCE
ENTERPRISES
INSPECTION: IT
504978 6/29/2023 013015 ALWAYS RELIABLE
BACKFLOW REPAIRS: SERENA HILLS
BACKFLOW, AKA NANETTE
PARK
SEMAN
BACKFLOW REPAIRS: RRSP
504979 6/29/2023 004240 AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN
SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SF
DRUG/ALCOHOL ANALYSIS: TEM SF
DRUG/ALCOHOL ANALYSIS: TEM SF
504980 6/29/2023 013950 AQUA CHILL OF SAN DIEGO
JUN DRINKING WTR SYS MAINT: IT
504981 6/29/2023 023335 ASTER CONSTRUCTION,
CNSTRCTN CONTRACT SVCS: MPSC
SERVICES INC
OUTDOOR REC
504982 6/29/2023 007065 B&H PHOTO & ELECTRONICS
MISCAV EQUIPMENT: PEG
CORP
WIRELESS VIDEO TRANSMITTERS:
504983 6/29/2023 001323 BLUETRITON BRANDS INC,
WATER DLVRY SVCS: FOC
DBA READYREFRESH
504984 6/29/2023 022670 BROWN JAMAL DEON, DBA
TCSD INSTRUCTOR EARNINGS
JDB TRAINING
504985 6/29/2023 004248 CALIF DEPT OF JUSTICE
MAY FINGERPRINTING SVCS: POLICE
ACCTING
504986 6/29/2023 018828 CASC ENGINEERINGAND,
CONSULTING INC
504987 6/29/2023 004462 CDW LLC, DBA CDW
GOVERNMENT LLC
APR FINGERPRINTING SVCS: POLIC
MAY ENG SVCS: CATCH BASIN
ANALYSIS
MISC SMALL TOOLS & EQUIP: INFO
TECH
DESK SCANNERS: HR
LABELMAKER: INFO TECH
KEYBOARD & MOUSE REPLACEMEr
DESKTOPS: CONF ROOM: AV PROJI
NETWORKING TOOLS: INFO TECH
REPLACEMENT MONITORS: INFO TI
NETWORKING TOOLS: INFO TECH
WORKSTATIONS: AV PROJECT: INFI
Amount Paid
483.00
6,750.00
260.00
696.00
62.01
62.01
507.62
310.05
28.55
25,175.00
2,396.67
5,425.02
139.02
1,680.00
2,094.00
4,175.00
3,493.75
456.72
1,638.26
610.73
232.96
8,385.48
3,711.67
3,187.76
179.66
-111.07
Check Total
483.00
6,750.00
956.00
941.69
28.55
25,175.00
7,821.69
139.02
1,680.00
6,269.00
3,493.75
18,292.17
Page:1
apChkLst
O6/28/2023
9:55:45AM
Final Check List
CITY OF TEMECULA
Page: 2
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504988
6/29/2023
021230
CONSOLIDATED ELECTRICAL
STREET LIGHT PARTS: STREETS: PW
8,580.38
8,580.38
DISTR, DBA CALIF ELECTRIC
SUPPLY
504989
6/29/2023
017542
COX, KRISTI LYN
TCSD INSTRUCTOR EARNINGS
168.00
168.00
504990
6/29/2023
010650
CRAFTSMEN PLUMBING &
PLUMBING SVCS: PARKS: PW
680.00
HVAC INC
PLUMBING SVCS: PARKS: PW
815.00
PLUMBING SVCS: STA92: FIRE
740.00
2,235.00
504991
6/29/2023
011870
CRIME SCENE STERI CLEAN
BIO-HAZARD CLEANUP: TEM SHERIFF
850.00
850.00
LLC
504992
6/29/2023
001393
DATATICKET INC, DBA
MAY CITATIONS PROCESSING: POLICE
1,154.96
1,154.96
REVENUE EXPERTS
504993
6/29/2023
022483
DE LA SECURA INC, DBA DLS
DSGN-BUILD SVCS: MRC PW 17-21
112,277.94
112,277.94
BUILDERS
504994
6/29/2023
004192
DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: FIRE DEPT
185.61
FUEL FOR CITY VEHICLES: POLICE
176.14
FUEL FOR CITY VEHICLES: INFO TE
42.34
404.09
504995
6/29/2023
020904
ECONOMIC ALTERNATIVES INC
JUN WTR SYST MAINT: CIVIC CTR
582.83
582.83
504996
6/29/2023
001511
FIELDMAN ROLAPP AND
FINANCIAL ADVISORY SVCS: FINANCE
11,005.50
11,005.50
ASSOCIATES
504997
6/29/2023
020921
EMPLOYEE #00539
REIMB: HEALTH FLEX FORFEITURE
150.00
150.00
504998
6/29/2023
022726
FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
1,200.00
1,200.00
INC
504999
6/29/2023
014865
FREIZE UHLER KIMBERLY DBA,
PROMO ITEMS: RECRUITMENT: HR
759.40
759.40
CLEAR BLUE PROMOTIONS
505000
6/29/2023
001937
GALLS LLC
TACTICAL BACKPACK KITS: TEM
5,592.47
5,592.47
SHERIFF
505001
6/29/2023
021365
GEORGE HILLS COMPANY INC
SUBROGATION RECOVERY FEE: RISK
1,704.86
1,704.86
MGMT
505002
6/29/2023
021308
GILLIS & PANICHAPAN
EXTERIOR ADA IMPROV'T
680.00
680.00
ARCHITECTS, INC
ARCHITECTURAL SVCS
Paget
apChkLst Final Check List Page: 3
O6/28/2023 9:55:45AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505003 6/29/2023 011898 EMPLOYEE #00459
(Continued)
Description
REIMB: UNIFORMS: CODE
ENFORCEMENT
505004 6/29/2023 015534 GOVERNMENT JOBS.COM INC, EFORMS SOFTWARE: HR
DBA NEOGOV
505005 6/29/2023 001135
HEALTHPOINTE MEDICAL
DEBIT MEMO: MEDICAL SCREENINGS
GROUP INC, DBA FIRST CARE
HR
INDUSTRIA
MEDICAL SCREENINGS: HR
505006 6/29/2023 020698
HICKS AND HARTWICK INC
ENG PLAN CK SVCS: PRADO : LAND
DEV
ENG PLAN CK SVCS: ALTAIR : LAND
505007 6/29/2023 005579
INLAND EMPIRE PROPERTY,
DEBRIS REMOVAL: TCSD
SERVICES INC
505008 6/29/2023 022569
INLAND FLEET SOLUTIONS INC
VEHICLE REPAIRS: STREET MAINT:
PW
EQUIPMENT REPAIRS: STREET MAI
EQUIPMENT REPAIRS: STREET MAI
505009 6/29/2023 006914
INNOVATIVE DOCUMENT
PLOTTER SUPPLIES: CENTRAL
SOLUTIONS
SERVICES
MAY COPIER MAINT/REPAIR/USAGE
MAY COPIER MAINT/REPAIR/USAGE
505010 6/29/2023 012883
JACOBS HOUSE INC
EMPLOYEE CHARITY DONATIONS
PAYMENT
505011 6/29/2023 021896 JP HANDMADE CORP, DBA
MINUTEMAN PRESS
505012 6/29/2023 020249 LAUND3R.COM LLC
505013 6/29/2023 000482 LEIGHTON CONSULTING INC
505014 6/29/2023 003726 LIFE ASSIST INC
BUSINESS CARDS: PLANNING
BUSINESS CARDS: TCSD
BUSINESS CARDS: PREVENTION: F
BUSINESS CARDS: LAND DEV: PW
LAUNDR SVCS: HUMAN SVCS: TCSD
MATERIALS TESTING SVCS: PW21-10
GEOTECHNICAL REVIEW: OLD TO"
MATUS TESTING SVCS: CRC RENO:
EMERG MEDICAL EQUIP: MEDIC: FIRE
EMERG MEDICAL EQUIP: MEDIC: FII
EMERG MEDICAL EQUIP: MEDIC: FII
EMERG MEDICAL EQUIP: MEDIC: FII
EMERG MEDICAL EQUIP: MEDIC: FII
EMERG MEDICAL EQUIP: MEDIC: FII
EMERG RESP EQUIP: CRC: TCSD
EMERG MEDICAL EQUIP: MEDIC: FII
Amount Paid
33.70
2,571.66
1.00
250.00
1,347.50
5,390.00
900.00
439.32
141.75
880.46
2,175.00
573.50
7,235.17
40.00
103.78
103.78
81.82
81.82
113.10
14,548.90
3,831.00
8,662.79
3,489.24
1,870.43
1,373.58
70.47
120.80
70.47
1,664.10
1,701.37
Check Total
33.70
2,571.66
251.00
6,737.50
900.00
1,461.53
9,983.67
40.00
371.20
113.10
27,042.69
10,360.46
Page:3
apChkLst Final Check List Page: 4
O6/28/2023 9:55:45AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505015 6/29/2023 004141 MAINTEX INC
(Continued)
Description Amount Paid
CLEANING SUPPLIES: VARI FACILITIES 3,725.75
505016 6/29/2023
022664 MARIPOSA TREE
ADD'L TREE TRIMMIG SVCS:
MANAGEMENT INC
HARVESTON SLOPE
505017 6/29/2023
018675 MDG ASSOCIATES INC
MAY CDBG-CV EMER MORTG ASSIST
MAY CDBG PRGM ADMIN: PLANNIN(
505018 6/29/2023
004951 MIKE'S PRECISION WELDING
ON -CALL WELDING: PARKS
INC
GRATE COVERS: YARD MAINTENAN
ON -CALL WELDING: PARKS
ON -CALL WELDING: PARKS
505019 6/29/2023
004043 MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: TVE2
INC
ELECTRICAL SUPPLIES: PARKS MAI
ELECTRICAL SUPPLIES: CIVIC CEN-
ELECTRICAL SUPPLIES: CRC
ELECTRICAL SUPPLIES: PARKS MAI
ELECTRICAL SUPPLIES: CREDIT: C1
505020 6/29/2023
004040 MORAMARCO ANTHONY J,
TCSD INSTRUCTOR EARNINGS
DBA BIGFOOT GRAPHICS
TCSD INSTRUCTOR EARNINGS
505021 6/29/2023
002925 NAPAAUTO PARTS
AUTO PARTS & MISC SUPPLIES:
STREETS: PW
505022 6/29/2023 022599 NIEVES LANDSCAPE INC
505023 6/29/2023 014173 NPG INC DBA, GOLDSTAR
ASPHALT PRODUCTS
IRRGIATION REPAIRS: VAIL RANCH
SLOPE
IRRGIATION REPAIRS: VAIL RANCH
IRRIGATION REPAIRS: PRESLEY SL1
IRRIGATION REPAIRS: RED HAWK P
IRRIGATION REPAIRS: RED HAWK P
IRRIGATION REPAIRS: HARVESTON
SANDING FIELDS: FRIENDSHIP PAR
IRRIGATION REPAIRS: RED HAWK F
IRRIGATION REPAIRS: PRESLEY SL1
IRRIGATION REPAIRS: MEDIANS: TE
IRRIGATION REPAIRS: BIRDSALL PA
IRRIGATION REPAIRS: KENT PARK
IRRIGATION REPAIRS: MARGARITA I
IRRIGATION REPAIRS: VINTAGE HIL
IRRIGATION REPAIRS: BIRDSALL PA
IRRIGATION REPAIRS: WOLF CREEL
IRRIGATION REPAIRS: SIGNET SERI
ASPHALT SUPPLIES: STREET MAINT
PW
PARKING LOT REPAVE PARK & RIDE
6,161.00
76.88
7,055.00
385.00
750.00
550.00
2,000.00
147.23
609.83
4,741.50
4,112.27
667.00
-4,112.27
1,953.00
1,410.50
81.46
224.55
255.22
257.38
301.53
208.86
185.45
2,126.00
115.49
388.97
239.10
79.02
398.60
197.42
292.68
80.59
389.67
358.15
1,179.94
24,449.00
Check Total
3,725.75
6,161.00
7,131.88
3,685.00
6,165.56
3,363.50
81.46
6,098.68
25,628.94
Page:4
apChkLst Final Check List Page: 5
O6/28/2023 9:55:45AM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
505024 6/29/2023
021998 OLD TOWN TIRE AND SERVICE VEHICLE REPAIRS: PARKS: PW
160.52
INC
VEHICLE REPAIR: PARKS & FACILITI
1,998.99
VEHICLE REPAIRS: STREET MAINT:
79.99
VEHICLE REPAIR: PARKS: PW
52.13
VEHICLE REPAIR: PARKS: PW
145.66
VEHICLE REPAIRS: STREET MAINT:
163.17
VEHICLE REPAIR: PARKS: PW
366.91
VEHICLE REPAIR: PARKS: PW
55.60
VEHICHLE REPAIR: PARKS: PW
757.54
CITY VEHICLE MAINT: PREVENTION
51.26
3,831.77
505025 6/29/2023
005075 PRUDENTIAL OVERALL
UNIFORM SVCS: STREET MAINT: PW
52.44
SUPPLY
UNIFORM SVCS: PARK MAINT: PW
115.17
FLOOR MATS/TOWEL RENTALS: IW-
22.73
FLOOR MATS/TOWEL RENTALS: TVI
12.74
UNIFORM SVCS: STREET MAINT: P�
10.29
FLOOR MATS/TOWEL RENTALS: MP
24.52
FLOOR MATS/TOWEL RENTALS: THI
9.89
FLOOR MATS/TOWEL RENTALS: TCI
14.32
FLOOR MATS/TOWEL RENTALS: CR,
31.45
FLOOR MATS/TOWEL RENTALS: LIB
19.88
UNIFORM SVCS: PARK MAINT: PW
4.62
318.05
505026 6/29/2023
023254 RAMOS HR CONSULTING INC
CONSULTANT SVCS: HR
17,575.00
17,575.00
505027
6/29/2023
002412
RICHARDS WATSON AND
MAY 2023 LEGAL SERVICES
184.00
184.00
GERSHON
505028
6/29/2023
003072
RIVERSIDE AREA RAPE CRISIS
CDBG REIMB: JUL-DEC'22
3,565.82
3,565.82
CTR
505029
6/29/2023
004274
SAFE AND SECURE
LOCKSMITH SVCS: TVE2
36.16
36.16
LOCKSMITH SRVC
505030
6/29/2023
017699
SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: OLD TOWN
300.00
300.00
PRESTON
FESTIVAL
505031
6/29/2023
013482
SILVERMAN ENTERPRISES
SECURITY: JULY 4TH: TCSD
8,162.00
8,162.00
INC, DBA BAS SECURITY
505032
6/29/2023
022051
SINGH GROUP INC
HOMELESS ENCAMPMENT CLEAN-UP
7,202.00
HOMELESS ENCAMPMENT CLEAN-(
1,515.00
HOMELESS ENCAMPMENT CLEAN-(
4,520.00
13,237.00
505033
6/29/2023
020545
SOCIAL WORK ACTION GROUP
DEC HOMELESS/STREET OUTREACH:
28,521.10
28,521.10
TCSD
Page:5
apChkLst
O6/28/2023
9:55:45AM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: eunion EFT UNION BANK (Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
505034
6/29/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: STA 92: FIRE
42.00
CONTROL INC
PEST CONTROL SVCS: WOLF CREE
49.00
PEST CONTROL SVCS: HARVESTO�
95.00
PEST CONTROL SVCS: BIRDSALL R
70.00
PEST CONTROL SVCS: OATC
48.00
304.00
505035
6/29/2023
002366
STEAM SUPERIOR CARPET
CARPET CLEANING SVCS: FIRE STA 84
945.00
CLEANING
CARPET CLEANING SVCS: FIRE ST/
385.00
CARPET CLEANING SVCS: FIRE ST/
320.00
CARPET CLEANING SVCS: FIRE ST/
280.00
1,930.00
505036
6/29/2023
001547
TEAMSTERS LOCAL 911
UNION MEMBERSHIP DUES PAYMENT
4,891.00
4,891.00
505037
6/29/2023
004209
TEMECULA SUNRISE ROTARY,
FY 22/23 COMMUNITY SERVICE
15,000.00
15,000.00
FOUNDATION
FUNDING
505038
6/29/2023
021603
TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: TEAM
1,497.40
1,497.40
TITAN TENT & EVENT RENTAL
PACE
505039
6/29/2023
002452
TOP LINE INDUSTRIAL,
MISC SUPPLIES: STREET MAINT: PW
266.86
266.86
PRODUCTS INC
505040
6/29/2023
021549
EMPLOYEE #00534
REIMB: TEAM PACE
73.23
73.23
505041
6/29/2023
010046
TV CONVENTION &VISITORS
APR'23 BUS. IMPRV DISTRICT
221,169.46
221,169.46
BUREAU, DBA VISIT TEMECULA
ASMNTS
VALLEY
505042
6/29/2023
022692
VERSA PRODUCTS INC
ERGONOMIC SUPPLIES: HR
2,477.30
ERGONOMIC SUPPLIES: HR
467.71
2,945.01
505043
6/29/2023
009194
VILLAGE NEWS INC
GRAPHIC DESIGN SVCS: CITY MGR
7,200.00
7,200.00
505044
6/29/2023
008402
WESTERN RIVERSIDE CO
JAN'23 MSHCP PAYMENT
62,901.57
62,901.57
REG, CONSERVATION
AUTHORITY
505045
6/29/2023
014315
EMPLOYEE #00473
REIMB: RFRSHMNTS: HOMELESS
90.58
90.58
CENSUS
505046
6/29/2023
021024
YANES BLANCAA, DBA DE
FEB LDSCP PLN CK & INSPECTION:
32,385.00
32,385.00
GANGE CONSULTING
PLNG
Grand total for EFT UNION BANK: 767,668.59
Page:6
apChkLst Final Check List Page: 7
O6/28/2023 9:55:45AM CITY OF TEMECULA
71 checks in this report.
Grand Total All Checks: 767,668.59
Page:7
apChkLst Final Check List Page: 1
O6/29/2023 4:11:04PM CITY OF TEMECULA
Bank: union UNION BANK
Check #
Date
Vendor
Description
14956
6/5/2023
000246
PERS EMPLOYEES
PERS RETIREMENT PAYMENT
RETIREMENT
15004
6/28/2023
000246
PERS EMPLOYEES
PERS RETIREMENT PAYMENT
RETIREMENT
15050
6/20/2023
002390
EASTERN MUNICIPAL WATER
VARIOUR MAY WATER SVCS
DIST
Amount Paid Check Total
148, 949.35 148, 949.35
148, 818.72 148, 818.72
8,938.63
15053 6/15/2023 001035 C RAND R INC JAN - JUN'23 TRASH HAULING SVCS 4,676,112.54
8,938.63
4,676,112.54
212806
6/29/2023
004594 2 HOT UNIFORMS INC
UNIFORMS: TCC
918.94
MEMBERS/VOLUNTEERS: FIRE
UNIFORMS: TCC MEMBERS/VOLUN-
332.21
UNIFORMS: TCC MEMBERS/VOLUN-
332.21
1,583.36
212807
6/29/2023
013387 ADAME LANDSCAPE INC, DBA
JUN SWEEPING SVCS: PARKING
540.00
540.00
SWEEPING UNLIMITED
GARAGE
212808
6/29/2023
004767 ALERT ALL CORPORATION
PUBLIC EDUCATION MATERIALS: FIRE
1,750.88
1,750.88
DEPT
212809
6/29/2023
003951 ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
1,235,614.33
PW21-10
ASPHALT SUPPLIES: STREET MAIN-
616.79
ASPHALT SUPPLIES: STREET MAIN-
670.80
ASPHALT SUPPLIES: STREET MAIN-
213.78
ASPHALT SUPPLIES: STREET MAIN-
648.79
ASPHALT SUPPLIES: STREET MAIN-
316.80
1,238,081.29
212810
6/29/2023
000101 APPLEONE INC, DBA
MAY TEMP HELP: COMM DEV
4,176.90
4,176.90
APPLEONE
212811
6/29/2023
000101 APPLEONE INC, DBA
APR TEMP HELP: COMM DEV
2,948.40
2,948.40
APPLEONE
212812
6/29/2023
004623 AQUA SOURCE INC
VARIOUS SUPPLIES: AQUATICS
418.65
418.65
212813
6/29/2023
022888 ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: CIVIC CTR
618.59
ARAMARK REFRESHMENT
RFRSHMNT SVCS: CIVIC CTR
510.59
1,129.18
212814
6/29/2023
020762 AT&T
LOCATION/ACTIVATION FEES: POLICE
175.00
LOCATION/ACTIVATION FEES: POLI(
175.00
350.00
Page:1
apChkLst
Final Check List
Page: 2
O6/29/2023
4:11:04PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212815
6/29/2023
011954
BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
43.78
BOOK COLLECTIONS: RHRTPL: TCS
19.72
BOOK COLLECTIONS: RHRTPL: TCS
475.39
BOOK COLLECTIONS: RHRTPL: TCS
33.45
BOOK COLLECTIONS: RHRTPL: TCS
10.84
BOOK COLLECTIONS: RHRTPL: TCS
16.19
BOOK COLLECTIONS: RHRTPL: TCS
216.94
816.31
212816
6/29/2023
006254
BALLET FOLKLORICO, AKA
TCSD INSTRUCTOR EARNINGS
420.00
LORENA HANCOCK
TCSD INSTRUCTOR EARNINGS
448.00
TCSD INSTRUCTOR EARNINGS
364.00
1,232.00
212817
6/29/2023
015592
BAMM PROMOTIONAL
UNIFORMS: ADMIN ASSIST: TCSD
689.17
689.17
PRODUCTS INC
212818
6/29/2023
020574
BATTERY SYSTEMS INC
TRAFFIC SIGNAL EQUIP ENHANCE
9,568.77
9,568.77
PGRM
212819
6/29/2023
015765
BEISTLE COMPANY THE, DBA
SPECIAL EVENT SUPPLIES:
3,017.82
3,017.82
FIRE SMART PROMOTIONS
PREVENTION
212820
6/29/2023
022613
BESTOP PRP LLC
MISC SUPPLIES: PARK MAINT: PW
706.88
706.88
212821
6/29/2023
011348
BONCOR WATER SYSTEMS
05/25-06/21 WTR FILTER: FIRE STA 73
330.00
330.00
LLC, DBA SUNSHINE WATER
SOFT
212822
6/29/2023
003048
BOYS AND GIRLS CLUB, OF
FY 22/23 DISCRETIONARY GRANT
2,500.00
2,500.00
SOUTHWEST COUNTY
FUNDS
212823
6/29/2023
000319
BSN SPORTS LLC
SPORTS EQUIPMENT: PARKS: PW
2,252.64
2,252.64
212824
6/29/2023
005970
BUTTERFIELD STAGE
STTLMNT: OLIVER 6/2-6/18
23,624.24
23,624.24
PLAYERS, DBA TEMECULA
VALLEY
212825
6/29/2023
023275
CAHALAN, JASON
BAY DOOR SAFETY: STA 95: FIRE
11,370.00
BAY DOOR REPAIR: STA 84: FIRE
812.25
BAY DOOR REPAIR: STA92: FIRE
10,964.00
23,146.25
212826
6/29/2023
004971
CANON FINANCIAL SERVICES
JUN COPIERS LEASE: LIBRARY
671.56
671.56
INC
212827
6/29/2023
022930
CCS SAN DIEGO JANITORIAL
JUN JANITORIAL SVCS: CITY FACS
21,235.02
21,235.02
INC, DBA CCS FACILITY
SERVICES
Paget
apChkLst
O6/29/2023
4:11:04PM
Final Check List
CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212828
6/29/2023
016446
CHRISTIAN STITCHERY INC,
STAFF UNIFORMS: AQUATICS: TCSD
3,639.21
DBASO CAL IMPRESSIONS
STAFF UNIFORMS: AQUATICS: TCS[
240.50
UNIFORMS: SPORTS: TCSD
4,508.78
8,388.49
212829
6/29/2023
002945
CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
118.87
DIST
ELECTRICAL SUPPLIES: PARKS: P1A
453.72
572.59
212830
6/29/2023
001264
COSTCO TEMECULA 491
MISC SUPPLIES: TCC: FIRE
455.62
455.62
212831
6/29/2023
004329
COSTCO TEMECULA491
SUMMER FOOD SVC PROG: TCSD
51.41
MISC SUPPLIES: CONTRACT CLASS
402.24
SUPPLIES: MPSC/HUMAN SVCS: TC
480.03
SUPPLIES: MPSC/HUMAN SVCS: TC
242.37
MISC SUPPLIES: WORKFORCE PRC
785.77
MISC SUPPLIES: AQUATICS: TCSD
496.82
SUPPLIES: MPSC/HUMAN SVCS: TC
216.21
MISC SUPPLIES: SPECIAL EVENTS:
1,616.73
4,291.58
212832
6/29/2023
012600
DAVID EVANS AND
DSGN SVCS: DEMO GARDEN MIKE
4,451.50
ASSOCIATES INC
NAGGAR PRK
DSGN SVCS: MPSC REC AREA: PW:
199.42
ENG SVCS: PICKLEBALL COURTS: F
23,625.50
28,276.42
212833
6/29/2023
021459
DELLINGER, MICHAEL
DJ/MC SVCS: STATE OF THE CITY
500.00
500.00
212834
6/29/2023
020891
DEQUINCY, PETER
INCENTIVE STICKERS: AQUATICS:
180.00
180.00
TCSD
212835
6/29/2023
023410
EASY TEMPO INC, DBA
SOUNDMACHINE: DAY CAMP: TCSD
359.40
359.40
SOUNDMACHINE
212836
6/29/2023
021859
EXP US SERVICES INC
CONSULTANT SVCS: SANTA
13,027.45
13,027.45
GERTRUDIS CRK TRA
212837
6/29/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: INFO TECH
104.80
EXPRESS MAIL SVCS: FIRE DEPT
34.92
EXPRESS MAIL SVCS: COMM DEV
8.17
147.89
212838
6/29/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: POLICE
90.83
90.83
212839
6/29/2023
009732
G M R I, INC.
REFUND: ENG DEPOSIT: LD21-5675
26,000.00
26,000.00
212840
6/29/2023
023408
GALLOWAY, IAN
ENTERTAINMENT: MAGIC SHOW:
1,000.00
1,000.00
TCSD
212841
6/29/2023
019177
GOSCH FORD TEMECULA
REFUND: ENG DEPOSIT: LD19-0485
38,500.00
38,500.00
Page:3
apChkLst
O6/29/2023
4:11:04PM
Final Check List
CITY OF TEMECULA
Page: 4
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212842
6/29/2023
020969
HANSHAW DEVELOPMENT CO
REFUND: ENG DEPOSIT: LD16-3237
31,500.00
31,500.00
LLC
212843
6/29/2023
023150
INTERFLEX PAYMENT LLC
FSA REIMBURSEMENT- TAG 2022
15,243.28
15,243.28
ROLLOVER
212844
6/29/2023
023210
JAVIER I GONZALEZ, DBAJ
HVAC SUPPLIES: MPSC
626.40
626.40
QUALITY CONTROLS
212845
6/29/2023
016257
KELLY SPICERS INC, DBA
MISC PAPER SUPPLIES: CENTRAL
1,056.41
1,056.41
KELLY SPICERS STORES
SVCS
212846
6/29/2023
022916
LUCAS PRETI, DBA CORAL
VIDEOGRAPHY SVCS: STATE OF THE
10,040.00
10,040.00
CLIMB LLC
UNION
212847
6/29/2023
013982
M C I COMM SERVICE
MAY/JUN 7DK89878 XXX-0714 USAGE
72.84
MALL PD
JUN 7DK90589 XXX-3046 GEN USAG
34.53
107.37
212848
6/29/2023
003782
MAIN STREET SIGNS, DBA
CITY SEAL STICKER: FIRE STATION
66.94
ATHACO INC
SIGN
VARIOUS SIGNS & SUPPLIES: STRE
1,169.00
1,235.94
212849
6/29/2023
023421
MARTINEZ, STEVE
REFUND: LIBRARY SMARTPAY: TCSD
37.00
37.00
212850
6/29/2023
018925
MEMORABLE BITES LLC, DBA
RFRSHMNTS: DAY CAMP: TCSD
1,060.60
FIREHOUSE SUBS
RFRSHMNTS: BALLOON & WINE FE!
369.23
1,429.83
212851
6/29/2023
003964
OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: NPDES: PW
28.26
DIV
MISC OFC SUPPLIES: NPDES: PW
68.23
96.49
212852
6/29/2023
018461
PACIFIC PRODUCTS &
MISC SUPPLIES: STREET MAINT: PW
4,370.63
4,370.63
SERVICE LLC
212853
6/29/2023
003663
PECHANGA BAND OF
MONITORING SVCS: 1-15/FVP IMPRV:
4,914.46
4,914.46
LUISENO, MISSION INDIANS
PW16-01
212854
6/29/2023
010338
POOL AND ELECTRICAL,
VARIOUS SUPPLIES: SPLASH PAD: PW
923.89
923.89
PRODUCTS INC
212855
6/29/2023
008447
PRO AUTO COLLISION INC
AUTO BODY REPAIR: STREETS: PW
2,264.79
2,264.79
212856
6/29/2023
022771
QUAKEHOLD INDUSTRIAL INC
CERT BACKPACKS: EM
7,977.12
7,977.12
212857
6/29/2023
020774
RADIANT GLOBAL LOGISTICS
EXHIBIT TRANSPORT FEE: TCSD: TVM
13,725.00
13,725.00
INC, DBA DISTRIBUTION BY AIR
Page:4
apChkLst
Final Check List
Page: 5
O6/29/2023
4:11:04PM
CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212858
6/29/2023
002072
RANCHO CALIF WATER DIST
RECYCLED WATER RETROFIT FEES:
24,380.00
24,380.00
-FEES
PW21-04
212859
6/29/2023
016931
REACH SPORTS MARKETING
ONE-TIME DIGITAL SIGNAGE: TCSD
914.42
914.42
GROUP, DBA REACH MEDIA
NETWORK
212860
6/29/2023
000411
RIVERSIDE CO FLOOD
EP CHRGS: MURRI ETA CRK: PW21-13
211.69
211.69
CONTROLAND, WATER
CONSERVATION DIST
212861
6/29/2023
000406
RIVERSIDE CO SHERIFFS
FY22/23 RMS/CLETS SRVCS: POLICE
216,147.00
216,147.00
DEPT
212862
6/29/2023
000406
RIVERSIDE CO SHERIFFS
REGIST: ANNUAL AWARD CEREMONY:
100.00
100.00
DEPT
CITY CNL
212863
6/29/2023
004822
RIVERSIDE TRANSIT AGENCY
MAY TROLLEY SVCS: CITY MGR
2,198.60
2,198.60
212864
6/29/2023
021964
RUSSELL SIGLER INC, DBA
A/C UNITS: MPSC OUTDOOR REC
1,223.44
1,223.44
SIGLER WHOLESALE DIST
AREA: CIP
212865
6/29/2023
023432
SALEM, ANDREW
REIMB: GANG CONFERENCE:
254.12
254.12
05/30-06/02
212866
6/29/2023
023433
SANCHEZ, ANA MARIE
REFUND: SMARTPAY: TPL
15.99
15.99
212867
6/29/2023
021309
SB&O INC
ENG SURVEY SVCS: SIDEWALK:
4,056.25
PW22-16
5/15-6/11 ENG SVC: CITYWIDE SDW
769.85
DSGN, ENVIRO & SURVEY SVS: RR;
5,359.36
ENG SURVEY SVCS: SIDEWALK: PVC
7,350.50
17,535.96
212868
6/29/2023
022929
SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW
-150.00
LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS: 1
795.98
MISC POOL SUPPLIES: AQUATICS: 1
565.74
MISC POOL SUPPLIES: AQUATICS: 1
795.98
MISC POOL SUPPLIES: AQUATICS: 1
41.00
MISC POOL SUPPLIES: AQUATICS: 1
-100.00
1,948.70
212869
6/29/2023
013695
SHRED IT US JV LLC, DBA
DOCUMENT SHRED SVCS: CITY
230.88
230.88
SHRED IT USA LLC
CLERK
212870
6/29/2023
019250
ST FRANCIS ELECTRIC LLC
TRAFFIC SIGNAL MAINT: STREETS:
18,045.00
18,045.00
PW
Page:5
apChkLst Final Check List Page: 6
O6/29/2023 4:11:04PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212871
6/29/2023
008337
STAPLES BUSINESS CREDIT MISC OFC SUPPLIES: CRC: TCSD
67.50
MISC OFC SUPPLIES: LAND DEV: P\
80.45
MISC OFC SUPPLIES: LAND DEV: P\
38.96
MISC OFC SUPPLIES: TCSD
18.48
MISC OFC SUPPLIES: TCSD
154.29
MISC OFC SUPPLIES: LAND DEV: P\
176.86
MISC OFC SUPPLIES: CRC: TCSD
791.46
1,328.00
212872
6/29/2023
017814
STC TRAFFIC INC FIBER OPTIC COMM SYS UPGRADE:
4,747.00
PW 18-05
TRAFFIC ENG SVCS: FIBER OPTIC (
6,200.00
10,947.00
212873
6/29/2023
015648
STEIN ANDREW, DBA PARKINK MISC MERCHANDISE: SPEC EVENTS:
400.75
400.75
TCSD
212874
6/29/2023
020911
T MOBILE USA INC GPS LOCATE: TEM SHERIFF
25.00
25.00
212875 6/29/2023 000919 TEMECULA VALLEY UNIFIED FY22/23 HOMEWORK CTR: LIBRARY 5,004.75 5,004.75
SCHOOL, DISTRICT
212876 6/29/2023 003941 TEMECULA WINNELSON PLUMBING SUPPLIES: PARKS: PW 636.91 636.91
COMPANY
212877 6/29/2023 002185 U S POSTAL SERVICE POSTAGE: SEMI-ANNUAL MUNICIPAL 10,000.00 10,000.00
NEWLETTER
212878
6/29/2023
023394
UPCODES INC
SUBSCRIPTION: BLDG & SAFETY
1,584.00
1,584.00
212879
6/29/2023
001890
VORTEX INDUSTRIES INC
REPAIR OF DOORS: LIBRARY
687.50
687.50
212880
6/29/2023
001342
WAXIE SANITARY SUPPLY INC
CLEANING SUPPLIES: CIVIC CTR
6,843.42
CLEANING SUPPLIES: PARKS: PW
4,524.61
11,368.03
212881
6/29/2023
022900
WESTERN SYSTEMS INC
TRAFFIC SIGNAL EQUIP: ENHANCE
67,411.78
PRGM: PW
TRAFFIC SIGNAL EQUIP: ENHANCE
15,741.44
83,153.22
212882
6/29/2023
020193
WHITECAP LP
MISC SUPPLIES: STREET MAINT: PW
2,652.42
MISC SUPPLIES: PARKS: PW
282.61
2,935.03
212883
6/29/2023
018871
WONDER SCIENCE
TCSD INSTRUCTOR EARNINGS
4,816.00
TCSD INSTRUCTOR EARNINGS
4,816.00
TCSD INSTRUCTOR EARNINGS
3,360.00
TCSD INSTRUCTOR EARNINGS
3,696.00
16,688.00
212884
6/29/2023
005195
ZOOLOGICAL SOCIETY OF
DAY CAMP EXCURSION: SD ZOO:
2,920.50
2,920.50
SANDIEGO, DBA SAN DIEGO
TCSD
ZOO GLOBAL
Page:6
apChkLst Final Check List Page: 7
O6/29/2023 4:11:04PM CITY OF TEMECULA
Grand total for UNION BANK: 6,971,811.93
Page:7
apChkLst Final Check List Page: 8
O6/29/2023 4:11:04PM CITY OF TEMECULA
83 checks in this report.
Grand Total All Checks: 6,971,811.93
Page:8
apChkLst Final Check List Page: 1
07/05/2023 12:41:18PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
505047
7/6/2023
009374 ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER
DBA, ALLEGRO PIANO
SERVICE
505048
7/6/2023
013015 ALWAYS RELIABLE BACKFLOW,
BACKFLOW TESTING: DIEGO DR
AKA NANETTE SEMAN
BACKFLOW TESTING: F-19: PW
505049
7/6/2023
007282 AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: FINANCE
INC
MISC OFC SUPPLIES: ECO DEV
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: ECO DEV
505050
7/6/2023
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
HEALTH AND SAFETY SVCS
AQUATICS
505051
7/6/2023
018941 AZTEC LANDSCAPING INC
JUN RESTROOM MAINT: PARKS: PW
505052 7/6/2023 017149 B G P RECREATION INC
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
505053 7/6/2023 023240 BEARD, RYAN, DBA SPORTS
TCSD INSTRUCTOR EARNINGS
SAINTS
505054 7/6/2023 001323 BLUETRITON BRANDS INC,
WATER DLVRY SVCS: TES POOL
DBA READYREFRESH
505055 7/6/2023 022651 BRAND ASSASSINS
505056 7/6/2023 021502 BUCHER, BRET PHILLIP
505057 7/6/2023 004248 CALIF DEPT OF JUSTICE
ACCTING
WATER DLVRY SVCS: PBSP
WATER DLVRY SVCS: TES POOL
MILITARY BANNER PROGRAM: TCSD
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
MAY BLOOD & ALCOHOL ANALYSIS: PD
505058 7/6/2023 021133 CNS ENGINEERS INC 2/25-4/21 ENG SVCS: OVRLND BR
PW 16-05
505059 7/6/2023 021230 CONSOLIDATED ELECTRICAL STREET LIGHT PARTS: STREETS: PW
DISTR, DBA CALIF ELECTRIC
SUPPLY
Amount Paid
280.00
27.00
81.00
351.67
439.50
-138.61
700.50
39.90
9,098.22
3,549.00
4,258.80
1,764.00
180.18
73.13
1.74
416.45
847.00
770.00
840.00
850.50
448.00
1,344.00
806.40
735.00
13,899.63
1,326.75
Check Total
280.00
108.00
1,353.06
39.90
9,098.22
7,807.80
1,764.00
255.05
416.45
5,905.90
735.00
163E 1-1111*3
1,326.75
Page:1
apChkLst Final Check List Page: 2
07/05/2023 12:41:18PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505060 7/6/2023 023248 CORTEZ GASTELUM, MARIA
VICTORIA
l.7�I.7�Isliii/Lyf��iY�c�ISBB�'ZKi�XY�l�l�y��I►I�
505062 7/6/2023 017542 COX, KRISTI LYN
505063 7/6/2023 010650 CRAFTSMEN PLUMBING &
HVAC INC
505064 7/6/2023 003945 DIAMOND ENVIRONMENTAL
SRVCS
505065 7/6/2023 021191 DOUGLAS CO INC
505066 7/6/2023 004192 DOWNS ENERGY FUEL
505067 7/6/2023 012217 DUDEK
(Continued)
Description
NEWSPAPER SUBSCRIPTION: MPSC
TCSD
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
PLUMBING SVCS: STA 73: FIRE
PLUMBING SVCS: SENIOR CENTER
PLUMBING SVCS: CIVIC CENTER
PLUMBING SVCS: CIVIC CENTER FC
PLUMBING SVCS: CITY TRAILER
PORTABLE RESTROOMS: LA SERENA
WAY
PORTABLE RESTROOMS: RIVERTOI'
PORTABLE RESTROOMS: RANCHO'
PORTABLE RESTROOMS: GENERAL
PORTABLE RESTROOMS: HARMON)
MERCHANDISE: TVM GIFT SHOP
FUEL FOR CITY VEHICLES: LAND DEV:
PW
FUEL FOR CITY VEHICLES: STREET
FUEL FOR CITY VEHICLES: TRAFFIC
FUEL FOR CITY VEHICLES: PARKS: I
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: TCSD
CONSULTANT SVCS: CITYWIDE
DRAINAGE PLAN
505068 7/6/2023 004068 ECALDRE MANALILI DE VILLA, TCSD INSTRUCTOR EARNINGS
AILEEN
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
Amount Paid
118.75
2,012.50
1,225.00
1,050.00
280.00
140.00
308.00
140.00
75.00
75.00
200.00
75.00
793.00
1,040.00
1,392.00
1,165.00
881.00
110.88
110.88
5,020.00
110.88
549.76
1,529.25
63.11
1,083.86
297.08
1,928.64
172.68
205.97
970.00
i[,-1:11df:
294.00
609.00
315.00
294.00
Check Total
118.75
4,287.50
1,293.00
5,271.00
5,902.40
1,529.25
3,751.34
970.00
i91.1:i111111
Paget
apChkLst Final Check List Page: 3
07/05/2023 12:41:18PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
505069
7/6/2023
022726
FORENSIC NURSES OF SOCAL FORENSIC EXAMS: TEM SHERIFF
800.00
800.00
INC
505070
7/6/2023
021308
GILLIS & PANICHAPAN
ARCHITECTURAL SVCS: CRC RENO PH
15,695.00
ARCHITECTS, INC
II
ARCHITECTURAL SVCS: CRC: PW19
9,700.00
25,395.00
505071
7/6/2023
006250
HAZ MAT TRANS INC
HAZMAT DISPOSAL: FOC
2,880.00
2,880.00
505072
7/6/2023
013286
INTRADO LIFE & SAFETY INC
MAY ENTERPRISES 911 SVC: INFO
300.00
300.00
TECH
505073
7/6/2023
012285
JOHNSTONE SUPPLY
PLUMBING SUPPLIES: CIVIC CTR
67.45
PLUMBING SUPPLIES: THEATER
462.62
PLUMBING SUPPLIES: LIBRARY
462.62
992.69
505074
7/6/2023
016110
LDCO INC
CNSTRCTN CONTRACT SVCS: MPSC
284,590.61
284,590.61
RENO
505075
7/6/2023
000482
LEIGHTON CONSULTING INC
EMERGENCY GEOTECH SVCS:
2,910.50
2,910.50
RAINBOW VLY
505076
7/6/2023
003726
LIFE ASSIST INC
EMERG MEDICAL EQUIP: MEDIC: FIRE
49.16
EMERG MEDICAL EQUIP: MEDIC: FIF
722.08
771.24
505077
7/6/2023
018675
MDGASSOCIATES INC
MAY ADALABOR COMPLIANCE SVCS:
1,438.25
PW20-13
MAY ADA LABOR COMPLIANCE: PW:
1,507.51
MAY ADA LABOR COMPLIANCE: PW'
230.63
3,176.39
505078
7/6/2023
013443
MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
44.69
BOOKS ON TAPE: LIBRARY
91.55
BOOKS ON TAPE: LIBRARY
78.50
214.74
505079
7/6/2023
004951
MIKE'S PRECISION WELDING
WELDING SVCS: PARKS: PW
65.00
65.00
INC
505080
7/6/2023
012264
MIRANDA, JULIO C
TCSD INSTRUCTOR EARNINGS
735.00
TCSD INSTRUCTOR EARNINGS
231.00
TCSD INSTRUCTOR EARNINGS
126.00
TCSD INSTRUCTOR EARNINGS
268.80
1,360.80
505081
7/6/2023
004043
MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: CIVIC CENTER
179.04
INC
ELECTRICAL SUPPLIES: OLD TOWN
20.01
ELECTRICAL SUPPLIES: OLD TOWN
72.20
ELECTRICAL SUPPLIES: CIVIC CENT
268.83
ELECTRICAL SUPPLIES: STA84: FIR
1,694.93
ELECTRICAL SUPPLIES: CIVIC CTR
255.56
ELECTRICAL SUPPLIES: CIVIC CTR
93.11
2,583.68
Page:3
apChkLst Final Check List Page: 4
07/05/2023 12:41:18PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
505082 7/6/2023 004040 MORAMARCO ANTHONY J
DBA BIGFOOT GRAPHICS
505083 7/6/2023 022599 NIEVES LANDSCAPE INC
505084 7/6/2023 014173 NPG INC DBA, GOLDSTAR
ASPHALT PRODUCTS
(Continued)
Description
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
SUPPLIES: COMMUNITY MURAL PR(
TCSD INSTRUCTOR EARNINGS
TCSD INSTRUCTOR EARNINGS
IRRIGATION REPAIRS: HARVESTON:
S-24
FIELD RENOVATIONS: RRSP
IRRIGATION REPAIRS: PALOMA DEL
IRRIGATION REPAIRS: BIRDSALL PA
IRRIGATION REPAIRS: REDHAWK: M
LDSCP IMPROVEMENTS: PARK&RID
LDSCP IMPROV: PRESLEY SLOPE
WEED ABATEMENT: PARK & RIDE
IRRIGATION REPAIRS: DUCK POND:
IRRIGATION REPAIRS: WINCHESTEF
IRRIGATION REPAIRS: HARVESTON:
IRRIGATION REPAIRS: PRESLEY SL(
IRRIGATION REPAIRS: VILLAGES RA
IRRIGATION REPAIRS: TRADEWIND:
IRRIGATION REPAIRS: SENIOR CEN'
IRRGIATION REPAIRS: CROWNE HIL
IRRIGATION REPAIRS: VAIL RANCH!
IRRIGATION REPAIRS: VAIL RANCH !
IRRIGATION REPAIRS: WINCHESTEF
IRRIGATION REPAIRS: MARIPOSA: S
IRRIGATION REPAIRS: PABLO APIS:
IRRIGATION REPAIRS: WOLF CREEK
Irrigation Upgrade at Old Town Theater
FIELD RENOVATIONS: RRSP
yR11=41t:�
505085 7/6/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: HOMELESS
INC OUTREACH:TCSD
PRIUS REPAIR/MAINT: PW
VEHICLE REPAIRS: PARKS: PW
505086 7/6/2023 008871 ORIGINAL WATERMEN INC RASHGUARDS: DAY CAMP: TCSD
UNIFORMS: LIFEGUARDS: TCSD
Amount Paid
896.00
1,225.00
2,278.50
150.00
1,064.00
1,410.50
138.77
8,060.00
127.45
610.12
180.80
3,604.00
4,646.48
1,320.00
325.00
166.39
114.37
430.45
212.16
115.49
254.57
139.88
326.85
326.85
114.37
254.41
493.48
532.48
691.97
8,060.00
39,975.00
325.68
409.09
283.31
906.01
2,166.00
Check Total
7,024.00
31,246.34
39.975.00
1,018.08
Page:4
apChkLst Final Check List Page: 5
07/05/2023 12:41:18PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
505087 7/6/2023
005075 PRUDENTIAL OVERALL SUPPLY
FLOOR MATS/TOWEL RENTALS: CRC
31.45
FLOOR MATS/TOWEL RENTALS: CR(
31.45
FLOOR MATS/TOWEL RENTALS: TC(
14.32
FLOOR MATS/TOWEL RENTALS: THE
9.89
FLOOR MATS/TOWEL RENTALS: TVI\
12.74
FLOOR MATS/TOWEL RENTALS: SEl•
24.52
FLOOR MATS/TOWEL RENTALS: LIBI
19.88
UNIFORM SVCS: PARKS MAINT: PW
90.88
UNIFORM SVCS: STREETS: PW
52.44
UNIFORM SVCS: PARKS MAINT: PW
4.62
UNIFORM SVCS: STREETS: PW
10.29
FLOOR MATS/TOWEL RENTALS: FO(
10.28
FLOOR MATS/TOWEL RENTALS: TVA
12.74
FLOOR MATS/TOWEL RENTALS: TC(
14.32
FLOOR MATS/TOWEL RENTALS: THE
9.89
FLOOR MATS/TOWEL RENTALS: LIBI
19.88
369.59
505088 7/6/2023
022537 REFRIGERATION SUPPLIES,
MISC HVAC SUPPLIES: FIRE
177.01
DISTRIBUTOR
MISC HVAC SUPPLIES: CRC
296.60
MISC HVAC SUPPLIES: CIVIC CTR
563.03
MISC HVAC SUPPLIES: CHILDRENS
39.28
MISC HVAC SUPPLIES: CRC
208.23
1,284.15
505089 7/6/2023
002412 RICHARDS WATSON AND
MAY 2023 LEGAL SERVICES
23,606.30
GERSHON
MAY 2023 LEGAL SERVICES
265.50
MAY 2023 LEGAL SERVICES
88.50
MAY 2023 LEGAL SERVICES
1,239.00
MAY 2023 LEGAL SERVICES
9,484.85
MAY 2023 LEGAL SERVICES
1,387.45
MAY 2023 LEGAL SERVICES
177.00
MAY 2023 LEGAL SERVICES
147.50
MAY 2023 LEGAL SERVICES
1,127.00
37,523.10
505090 7/6/2023
004274 SAFE AND SECURE
LOCKSMITH SVCS: AQUATICS: PW
27.00
LOCKSMITH SRVC
LOCKSMITH SVCS: PARKS: PW
48.85
LOCKSMITH SVCS: PARKS: PW
29.36
LOCKSMITH SVCS: PARKS: PW
10.00
115.21
505091 7/6/2023
017699 SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: AQUATICS:
225.00
PRESTON
TCSD
PHOTOGRAPHY SVCS: CAST PHOT(
175.00
400.00
505092 7/6/2023
009213 SHERRY BERRY MUSIC
JAZZ @ THE MERC 6/22/23
700.00
STAND UP COMEDY @ THE MERC
1,441.00
2,141.00
505093 7/6/2023
009746 SIGNS BY TOMORROW
MISC SIGNAGE: SPEC EVENTS: TCSD
3,534.54
3,534.54
Page:5
apChkLst
07/05/2023
12:41:18PM
Final Check List
CITY OF TEMECULA
Page: 6
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
505094
7/6/2023
013482
SILVERMAN ENTERPRISES
06/05-06/30 SECURITY: ROTATING
4,647.50
4,647.50
INC, DBA BAS SECURITY
PARKS
505095
7/6/2023
000519
SOUTH COUNTY PEST
PEST CONTROL SVCS: WEST WING
40.00
CONTROL INC
PEST CONTROL SVCS: FOC
52.00
92.00
505096
7/6/2023
003840
STRONGS PAINTING
PAINTING SVCS: EXTERIOR HELP
6,500.00
CENTER
PAINTING SVCS: FOC
650.00
7,150.00
505097
7/6/2023
007698
SWANK MOTIONS PICTURES
MOVIES IN THE PK: SPECIAL EVENTS:
715.00
715.00
INC
TCSD
505098
7/6/2023
004209
TEMECULA SUNRISE ROTARY,
BUS PLACEMENT & MAINT: PW
2,030.62
2,030.62
FOUNDATION
STREETS
505099
7/6/2023
000668
TIMMY D PRODUCTIONS INC
DJ SVCS: SUMMER CONCERT SERIES:
4,300.00
4,300.00
TCSD
505100
7/6/2023
018147
WADDLETON, JEFFREY L
DJ/MC SVCS: SAFER SUMMER POOL
700.00
PARTY
TCSD INSTRUCTOR EARNINGS
1,500.00
2,200.00
505101
7/6/2023
001881
WATER SAFETY PRODUCTS
MISC SUPPLIES: AQUATICS: TCSD
277.33
277.33
INC
Grand total for EFT UNION BANK: 542,949.12
Page:6
apChkLst Final Check List Page: 7
07/05/2023 12:41:18PM CITY OF TEMECULA
55 checks in this report.
Grand Total All Checks: 542,949.12
Page:7
apChkLst Final Check List Page: 1
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
15028 6/21/2023 006887
UNION BANK OF CALIFORNIA
001060
HYATT
000210
LEAGUE OF CALIF CITIES
006942
ONTARIO AIRPORT PARKING
LOT
006937
SOUTHWEST AIRLINES
020829
MURRIETA CHAMBER OF
COMMERCE
15039 6/21/2023 006887
UNION BANK OF CALIFORNIA
Description
LODGING: LOBBYING: CITY MGR
REGIST: CAL CITIES CONF: CITY MGR
PARKING FEE: CREDIT FOR DBL
CHARGE:
AIRFARE: LOBBYING: CITY MGR
REGIST: STATE OF THE CITY: CITY
MGR
020829
MURRI ETA CHAMBER OF
REGIST: STATE OF THE CITY: CITY
COMMERCE
MGR
014779
TOWN CENTER CLEANERS
DRY CLEANING SVCS: TABLE LINENS:
CITY
006937
SOUTHWEST AIRLINES
AIRFARE: LOBBYING: CITY MGR
006937
SOUTHWEST AIRLINES
AIRFARE: LOBBYING: CITY MGR
023429
CHERISHED MEMORIES, 360
PHOTO BOOTH: STATE OF THE CITY:
VIDEO BOOTH
CITY MGR
000210
LEAGUE OF CALIF CITIES
REGIST: CAL CITIES CONF: CITY MGR
017558
ENGRAVING AWARDS & GIF
RECONITION: KEY & DISPLAY CASE:
CITY CNL
018323
GOAT & VINE THE
RFRSHMNTS: RTA BOARD MTG: CITY
CNL
018492
1909 GASTROPUB
RFRSHMNTS: QUARTERLY MTG: CITY
MGR
001060
HYATT
LODGING: LOBBYING: CITY MGR
001060
HYATT
LODGING: LOBBYING: CITY MGR
000515
TEMECULA VALLEY CHAMBER
REGIST: STATE OF THE CITY: CITY CNL
OF, COMMERCE
001264
COSTCO TEMECULA 491
RFRSHMNTS: CITY CNL MTG
15040 6/21/2023 006887
UNION BANK OF CALIFORNIA
003198
HOME DEPOT
HARDWARE SUPPLIES: FIRE
013812
DFIT SUBS LLC, DBA JERSEY
RFRSHMNTS: CERT: EOC
MIKES
021654
GRANT WRITING USA
GRANT WRITING CLASS: EOC
009720
STARBUCKS CORPORATION
RFRSHMNTS: CERT: EOC
Amount Paid
1,180.89
650.00
-45.00
1,500.95
45.00
135.00
162.25
1,500.95
1,355.95
900.00
650.00
637.74
192.48
50.41
1,180.89
1,180.89
650.00
86.74
270.79
980.75
595.00
160.00
Check Total
10SN119.L'1
8,683.30
2,006.54
Page:1
apChkLst Final Check List Page: 2
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
15041 6/21/2023 006887
UNION BANK OF CALIFORNIA
016705
MADD SOUTHERN CALIFORNIA
REGIST: LAW ENFORCEMENT AWARD:
105.00
POLICE
BANK FEES: INTEREST CHARGE
1.75
023010
INLAND EMPIRE BLUE BELLES
REGIST: BLUE RIBBON EVENT: POLICE
70.00
023430
SECURE MEASURES LLC
REGIST: VETERAN EXP TRAINING:
250.00
POLICE
023430
SECURE MEASURES LLC
REGIST: VETERAN EXP TRAINING:
198.00
POLICE
023430
SECURE MEASURES LLC
REGIST: VETERAN EXP REFUND:
-250.00
POLICE
004618
CALIF NARCOTIC OFFICERS
REGIST: ABC
600.00
ASSN
ENFORCE/INVESTIGATION: PD
000871
HILTON, DBA DOUBLETREE,
LODGING: SCHOOL SAFETY CONF:
130.39
TROPICANA
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
001158
HOLIDAY INN
LODGING: SOUTH CA GANG CONF:
562.96
POLICE
15042 6/21/2023 006887
UNION BANK OF CALIFORNIA
000175
GOVERNMENT FINANCE
REGISTRATION: BUDGET DOCS
420.00
OFFICERS, ASSOCIATION
BASICS
GFOA
000154
C S M F O
MEMBERSHIP RENEWAL: FINANCE
50.00
000154
C S M F O
WEBINAR REGISTRATION: LEASE
50.00
REPORTING
023434
GOAL ZERO
MISC SUPPLIES: POWER STATION:
2,318.12
EOC
006952
PAYPAL
VERISIGN PAYFLOW PRO
25.00
TRANSACTION
022528
HRO INC, DBA HAM RADIO
MISC SUPPLIES: HAM RADIO EQUIP:
1,001.15
OUTLET
EOC
Check Total
4,482.90
3,864.27
Paget
apChkLst Final Check List Page: 3
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
15043 6/21/2023 006887
UNION BANK OF CALIFORNIA
022560
UBER
022560
UBER
022560
UBER
022560
UBER
022998
SHAKE SHACK
020829
MURRIETA CHAMBER OF
COMMERCE
023425
URBAN CRAVE
023424
LAS VEGAS MONORAIL
006942
ONTARIO AIRPORT PARKING
LOT
000210
LEAGUE OF CALIF CITIES
15044 6/21/2023 006887
UNION BANK OF CALIFORNIA
001060
HYATT
003633
FOOTHILL EASTERN
TRANSPORTN., CORRIDOR
AGNCY (TOLL RDS)
001264
COSTCO TEMECULA 491
006937
SOUTHWEST AIRLINES
021613
CAC PARKING
(Continued)
Description
Amount Paid
TRANSP: ICSC CONF: CITY CNL
5.24
TRANSP: ICSC CONF: CITY CNL
4.00
TRANSP: ICSC CONF: CITY CNL
18.53
TRANSP: ICSC CONF: CITY CNL
34.96
RFRSHMNTS: ICSC CONF: CITY CNL
20.24
REGIST: STATE OF THE CITY: CITY CNL
45.00
RFRSHMNTS: ICSC CONF: CITY CNL 22.98
TRANSP: ICSC CONF: CITY CNL 5.50
PARKING: ICSC CONF: CITY CNL 54.00
REGIST: CAL CITIES CONF: CITY CNL 650.00
LODGING: CONFERENCE: PW 1,215.66
TOLL ROADS USAGE: STREETS: PW 25.55
EQUIPMENT: VACUUM: CIP: LAND DEV 434.99
AIRFARE: LOBBYING: PW 1,500.95
PARKING: WRCOG MEETING: PW 4.00
Check Total
E:Z:Y1ZIR
3,181.15
Page:3
apChkLst Final Check List Page: 4
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
15046 6/21/2023 006887
UNION BANK OF CALIFORNIA
007102
RENAISSANCE HOTELS
RFRSHMNTS: CFED CONF: FIRE
55.26
007102
RENAISSANCE HOTELS
PARKING: CFED CONF: FIRE
20.00
007102
RENAISSANCE HOTELS
LODGING: CFED CONF: FIRE
694.23
007102
RENAISSANCE HOTELS
LODGING: CFED CONF: FIRE
866.15
022601
JILBERTS TACO SHOP
RFRSHMNTS: BALLOON & WINE
52.42
STAFF: FIRE
022601
JILBERTS TACO SHOP
RFRSHMNTS: BALLOON & WINE
95.59
STAFF: FIRE
008669
VONS
RFRSHMNTS: BALLOON & WINE
239.96
STAFF: FIRE
023423
RODRIGO'S MEXICAN GRILL
RFRSHMNTS: CFED CONF: FIRE
74.66
023436
CHEMICAL GUYS
EQUIPMENT: PRESSURE WASHERS:
2,727.82
FIRE
001264
COSTCO TEMECULA 491
MISC SUPPLIES: STA 12: FIRE
59.80
001264
COSTCO TEMECULA 491
RFRSHMNTS: EXPLORER
64.92
GRADUATION: FIRE
001947
AMERIGAS
PROPANE FUEL: FIRE STA 95
168.75
000293
STADIUM PIZZA INC
RFRSHMNTS: BALLOON & WINE
155.70
STAFF: FIRE
013338
APPLE STORE
ADD'L PHONE STORAGE: FIRE DEPT
0.99
020792
CANVA.COM
SUBSCRIPTION RENEWAL: FIRE
119.99
020924
COULTER VENTURES LLC, DBA
GYM EQUIPMENT: STA 84: FIRE
591.00
ROGUE FITNESS
018389
IN N OUT BURGER INC
RFRSHMNTS: BALLOON & WINE
183.52
STAFF: FIRE
018389
IN N OUT BURGER INC
RFRSHMNTS: BALLOON & WINE
183.52
STAFF: FIRE
15047 6/9/2023 006887
UNION BANK OF CALIFORNIA
000747
AMERICAN PLANNING
MEMBERSHIP RENEWAL: COMM DEV
470.00
ASSOCIATION
006614
CALIF CITY MANAGEMENT
MEMBERSHIP RENEWAL: COMM DEV
400.00
016868
LEAGUE OF AMERICAN
MEMBERSHIP RENEWAL: PLANNING
45.00
BICYCLISTS
DEPT
022884
BOARD AND BREW
RFRSHMNTS: PLANNING COMM MTG
174.00
5/3
023437
ORBIT TRANSLATION AND,
TRANSLATION SVCS: COMM DEV
317.25
INTERPRETATION SERVICES
Check Total
6.354.28
1,406.25
Page:4
apChkLst Final Check List Page: 5
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date Vendor
Description
Amount Paid
15048 6/21/2023 006887
UNION BANK OF CALIFORNIA
022952
THE HABIT BURGER GRILL
RFRSHMNTS: Q2 EMPLOYEE
2,901.92
LUNCHEON: HR
023438
NALIPOPISH CO
EVENT SETUP: SOTC: CITY CNL
1,900.00
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
284.48
CORP, DBA PARIS
HOTEL/FLAMINGO
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
284.48
CORP, DBA PARIS
HOTEL/FLAMINGO
019953
CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
284.48
CORP, DBA PARIS
HOTEL/FLAMINGO
020829
MURRIETA CHAMBER OF
REGIST: STATE OF THE CITY: ECO DEV
180.00
COMMERCE
008956
PANERA BREAD
RFRSHMNTS: EMPLOYEE WELLNESS:
476.44
HR
000210
LEAGUE OF CALIF CITIES
REGIST: CAL CITIES CONF: CITY MGR
650.00
000484
CALIF ASSN FOR LOCAL
REGIST: 2023 CONF: ECO DEV
395.00
ECONOMIC, DEVELOPMENT
001264
COSTCO TEMECULA 491
RFRSHMNTS: EMPLOYEE LUNCHEON:
139.80
HR
001264
COSTCO TEMECULA 491
MISC SUPPLIES: WORKSHOP TVE2:
512.08
ECO DEV
000515
TEMECULA VALLEY CHAMBER
REGIST: ECO FORECAST EVENT: ECO
140.00
OF, COMMERCE
DEV
011795
CIRCLE K
FUEL: ICSC CONF: ECO DEV
44.93
011795
CIRCLE K
FUEL: ICSC CONF: ECO DEV
41.88
013338
APPLE STORE
ADD'L PHONE STORAGE: SOCIAL
9.99
MEDIA: ECON
005115
ENTERPRISE RENT CAR INC
CAR RENTAL: ICSC CONF: ECO DEV
184.08
005115
ENTERPRISE RENT A CAR INC
CAR RENTAL: ICSC CONF: ECO DEV
305.56
15049 6/21/2023 006887
UNION BANK OF CALIFORNIA
013338
APPLE STORE
ADD'L PHONE STORAGE: CITY CNL
2.99
015112
ENVATO.COM
WEBSITE PROMO: VIDEO TEMPLATE:
31.00
INFO TECH
015346
WOOBOX, AKA DECARLO III
SUBSCRIPTION RENEWAL: INFO TECH
290.00
GEORGE
023439
BI ROD GLOBAL
EQUIPMENT: TRIPOD KIT: INFO TECH
1,878.30
023063
A2Z RECOGNITION PRODUCTS MISC SUPPLIES: PIPES & DRAPES:
296.92
INFO TECH
Check Total
8,735.12
2,499.21
Page:5
apChkLst Final Check List Page: 6
07/06/2023 2:29:03PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
15051 6/21/2023
006887
UNION BANK OF CALIFORNIA
023441
NATIONAL ASSOC OF
REGIST: NAGARAANNUAL CONF: CITY
GOVERNMENT, ARCHIVES &
CLERK
RECORDS ADMIN
023440
BREEZE AIRWAYS
AIRFARE: NAGARA CONF: CITY CLERK
021284
LEWIS CLEANERS
DRY CLEANING SVCS: TABLE CLOTHS:
CITY CL
017736
FEAST CALIFORNIA CAFE LLC,
RFRSHMNTS: BUDGET WORKSHOP:
DBA CORNER BAKERY CAFE
CITY CNL
020558
DA COCONUT CAFE INC
RFRSHMNTS: CITY CNL MEETING
006937
SOUTHWEST AIRLINES
AIRFARE: ICMA CONF: CITY CLERK
000193
1 C M A, PRODUCT
REGIST: IMCA CONF: CITY CLERK
FULFILLMENT CTR
000912
CITY CLERKS ASSN OF CALIF
MEMBERSHIP RENEWAL: CITY CLERK
000871
HILTON, DBA DOUBLETREE,
LODGING: NAGARA CONF: CITY CLERK
TROPICANA
009612
BJS RESTAURANTS INC
RFRSHMNTS: CITY CNL MEETING
004432
ALBERTSONS GROCERY
RFRSHMNTS: REDI COMM MTG: CITY
STORE
CLERK
000254
PRESS ENTERPRISE
ONLINE SUBSCRIPTION: CITY CLERK
COMPANY INC
15054 6/23/2023
000262
RANCHO CALIF WATER
VARIOUS WATER MAY BATCH 2
DISTRICT
15056 6/21/2023
006887
UNION BANK OF CALIFORNIA
000186
HANKS HARDWARE INC
HARDWARE SUPPLIES: TCSD
000293
STADIUM PIZZA INC
RFRSHMNTS: OUTREACH MEETING:
TCSD
004822
RIVERSIDE TRANSIT AGENCY
MISC SUPPLIES: HELP CTR: TCSD
007050
CHILIS RESTAURANT
RFRSHMNTS: OUTREACH MTG: TCSD
013564
TARGET CORPORATION
MISC SUPPLIES: UNIFORMS: TCSD
013564
TARGET CORPORATION
MISC SUPPLIES: UNIFORMS: TCSD
007987
WALMART
MISC SUPPLIES: HELP CTR: TCSD
023428
DYNA WEAR
MISC SUPPLIES: APPAREL: TCSD
023427
SPEC9EYEWEAR
MISC SUPPLIES: EYEWEAR: TCSD
021306 RAISING CANES RESTAURANT RFRSHMNTS: OUTREACH MTG: TCSD
LLC
020370 BEENVERIFIED.COM DIGITAL SBSCPTN: TCSD
022854 BOOT BARN MISC SUPPLIES: FOOTWEAR: TCSD
Amount Paid
449.00
490.00
106.75
362.56
312.11
178.69
590.00
250.00
287.30
278.21
59.97
14.00
14, 576.32
19.92
178.79
500.00
172.41
134.81
187.04
138.88
152.21
853.71
83.01
52.44
229.43
Check Total
3.378.59
14,576.32
2,702.65
Page.-6
apChkLst
07/06/2023
2:29:03PM
Final Check List
CITY OF TEMECULA
Page: 7
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
15057
6/20/2023
018858
FRONTIER CALIFORNIA INC
VARIOUS MAY/JUN INTERNET SVCS
10,661.94
10,661.94
15058
6/26/2023
001212
SO CALIF GAS COMPANY
VARIOUS MAY SO CAL GAS SVCS
7,766.04
7,766.04
15060
6/30/2023
000537
SO CALIF EDISON
VARIOUS MAY SOCAL EDISON SVCS
143,652.60
143,652.60
212885
7/6/2023
000101
APPLEONE INC, DBA
TEMPORARY STAFF SVCS: FINANCE
4,685.12
4,685.12
APPLEONE
212886
7/6/2023
004623
AQUA SOURCE INC
POOL TEST REAGENTS: AQUATICS:
130.66
130.66
TCSD
212887
7/6/2023
023442
ARANZUBIA, VICTORIA
REFUND: CANCELED THEATER
72.00
72.00
TICKETS
212888
7/6/2023
000152
CALIF PARKS AND
Calif Parks and Recreation memberships;
435.00
435.00
RECREATION SOC, C P R S
212889
7/6/2023
004329
COSTCO TEMECULA491
SUPPLIES: WORKFORCE PRGMS:
840.32
TCSD
MISC SUPPLIES: TVM/ACE: TCSD
396.48
SUPPLIES: MPSC/HUMAN SVCS: TC
179.34
SUPPLIES: SPECIAL EVENTS: TCSD
66.79
1,482.93
212890
7/6/2023
000165
FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: INFO TECH
127.28
EXPRESS MAIL SVCS: FIRE DEPT
14.41
141.69
212891
7/6/2023
002982
FRANCHISE TAX BOARD
APR-JUN 33038649 FORM 592
163.46
163.46
212892
7/6/2023
018858
FRONTIER CALIFORNIA INC
JUN INTERNET SVCS: CIVIC CTR
842.86
842.86
212893
7/6/2023
019721
GOVCONNECTION INC
HPI WORKSTATIONS & DESKTOPS:
7,995.15
7,995.15
INFO TECH
212894
7/6/2023
001119
HOUSTON & HARRIS PCS INC
CAMERA INSPECTION: CHANNEL
1,679.00
1,679.00
212895
7/6/2023
022757
HYDROLOGY GROUP INC
RETENTION REL: SPLASH PAD EQUIP:
2,027.50
2,027.50
PW
212896
7/6/2023
023210
JAVIER I GONZALEZ, DBA J
HVAC SUPPLIES: CIVIC CTR
2,351.18
2,351.18
QUALITY CONTROLS
212897
7/6/2023
021785
NATIONAL BUSINESS
National Business Furniture LLC; TCSD:
1,145.81
1,145.81
FURNITURE, LLC
Page:7
apChkLst
07/06/2023
2:29:03PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
212898
7/6/2023
000418
RIVERSIDE CO CLERK AND,
CEQA FILING: CIP: PW22-14
50.00
50.00
RECORDER
212899
7/6/2023
000411
RIVERSIDE CO FLOOD
ADD'L DEP REQ: MURRIETA CRK
230.94
230.94
CONTROL AND, WATER
CHANNEL: CIP
CONSERVATION DIST
212900
7/6/2023
021309
SB&O INC
ADA TRANSITION PLAN: PW18-16: CIP
624.00
624.00
212901
7/6/2023
021727
SHADE STRUCTURES INC, DBA RRSP SHADE STRUCTURE: PW22-14
9,000.00
9,000.00
USA SHADE & FABRIC
212902
7/6/2023
008337
STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: TCSD
769.62
MISC OFC SUPPLIES: THEATER
303.91
1,073.53
Grand total for UNION BANK:
262,274.28
Page:8
apChkLst Final Check List Page: 9
07/06/2023 2:29:03PM CITY OF TEMECULA
35 checks in this report.
Grand Total All Checks: 262,274.28
Page:9
Item No. 4
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Approve City Treasurer's Report as of April 30, 2023
PREPARED BY: Jordan Snider, Senior Accountant
RECOMMENDATION: That the City Council approve and file the City Treasurer's Report
as of April 30, 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 April 30, 2023.
FISCAL IMPACT: None
ATTACHMENTS: City Treasurer's Report as of April 30, 2023
'tll
LLJ149
Investments
City of Temecula
Portfolio Managment Treasury Report 41000 Main Street
Portfolio Management Temecula, 92590
g (951)694-6430
Portfolio Summary
April 30, 2023
Par
Market
Book
% of
Days to
YTM
YTM
Value
Value
Value
Portfolio
Term Maturity
360 Equiv.
365 Equiv.
Managed Pool Accounts
32,629,446.30
32,629,446.30
32,629,446.30
15.86
1
1
3.847
3.900
Letter of Credit
3.00
3.00
3.00
0.00
1
1
0.000
0.000
Trust Accounts
14,239,442.71
14,239,442.71
14,239,442.71
6.92
1
1
1.509
1.530
Local Agency Investment Funds
102,553,388.43
101,169,976.97
102,553,388.43
49.85
1
1
0.249
0.252
Money Market
5,025,206.40
5,025,206.40
5,025,206.40
2.44
1
1
2.091
2.120
Medium Term Notes
14,000,000.00
13,699,490.00
13,638,260.00
6.63
650
446
4.501
4.564
Federal Agency Callable Securities
17,000,000.00
15,674,800.00
16,997,500.00
8.26
1,590
899
0.723
0.733
Treasury Coupon Securities
15,000,000.00
14,790,400.00
14,705,937.51
7.15
493
317
4.415
4.476
Federal Agency Bullet Securities
5,000,000.00
4,884,550.00
4,945,480.00
2.40
898
222
1.969
1.996
Supranational
1,000,000.00
985,100.00
985,430.00
0.48
634
427
4.069
4.126
206,447,486.84
203,098,415.38
205,720,094.35
100.00%
235
135
1.630
1.653
Investments
Cash
Passbook/Checking 9,535,774.44 9,535,774.44 9,535,774.44 1 1 0.000 0.000
(not included in yield calculations)
Total Cash and Investments 215,983,261.28 212,634,189.82 215,255,868.79 235 135 1.630 1.653
Total Earnings
Current Year
Average Daily Balance
Effective Rate of Return
April 30 Month Ending
Reporting period 04/01/2023-04/30/2023
Data Updated: SET_MTH: 07/10/2023 12:52
Run Date: 07/10/2023 - 12:52
235,106.84
216,195,439.92
1.32%
Fiscal Year To Date
1,781,191.80
218,018,552.64
0.98%
Portfolio TEME
NL! CP
PM (PRF_PM1) 7.3.0
Report Ver. 7.3.6.1
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 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
56.89
56.89
56.89
4.690
4.626
4.690
1
233358006-6
01-2 REF RES
First Amer Govt Oblig Fund Cl
501,903.55
501,903.55
501,903.55
4.690
4.626
4.690
1
233358000-6
01-2 REF ST
First Amer Govt Oblig Fund Cl
185,288.18
185,288.18
185,288.18
4.690
4.626
4.690
1
233358005-1
01-2 SPECF
First Amer Govt Oblig Fund Cl
09/30/2022
12,191.78
12,191.78
12,191.78
4.690
4.626
4.690
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
746.08
746.08
746.08
4.690
4.626
4.690
1
276213006-6
03-02 RES
First Amer Govt Oblig Fund Cl
759,475.65
759,475.65
759,475.65
4.690
4.626
4.690
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
199,087.90
199,087.90
199,087.90
4.690
4.626
4.690
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
422,880.03
422,880.03
422,880.03
4.690
4.626
4.690
1
164741020-0
03-03 22 STIR
First Amer Govt Oblig Fund Cl
596,642.62
596,642.62
596,642.62
4.690
4.626
4.690
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
2.19
2.19
2.19
4.570
4.507
4.570
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
87.78
87.78
87.78
4.690
4.626
4.690
1
164742000-6
03-06SPEC
First Amer Govt Oblig Fund Cl
154,981.94
154,981.94
154,981.94
4.690
4.626
4.690
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
17,655.77
17,655.77
17,655.77
4.690
4.626
4.690
1
229462000-6
03-1 SPECF
First Amer Govt Oblig Fund Cl
387,827.09
387,827.09
387,827.09
4.690
4.626
4.690
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
2.31
2.31
2.31
4.760
4.695
4.760
1
276213000-6
03-2 SPEC
First Amer Govt Oblig Fund Cl
323,971.34
323,971.34
323,971.34
4.690
4.626
4.690
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
0.18
0.18
0.18
5.560
5.484
5.560
1
Data Updated: SET_MTH: 07/10/2023 12:52
Run Date: 07/10/2023 - 12:52
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0
Report Ver. 7.3.6.1
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 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
276213033
16-01 CAPIN2
First Amer Govt Oblig Fund Cl
03/01/2023
138,161.04
138,161.04
138,161.04
4.690
4.626
4.690
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
276213039
16-01 C012
First Amer Govt Oblig Fund Cl
03/01/2023
102,569.18
102,569.18
102,569.18
4.690
4.626
4.690
1
276213028-6
16-01 IMP
First Amer Govt Oblig Fund Cl
1,940,064.04
1,940,064.04
1,940,064.04
4.690
4.626
4.690
1
276213038
16-01 IMPF2
First Amer Govt Oblig Fund Cl
03/01/2023
7,540,990.10
7,540,990.10
7,540,990.10
4.690
4.626
4.690
1
276213026-6
16-01 RESERV
First Amer Govt Oblig Fund Cl
3,200,573.20
3,200,573.20
3,200,573.20
4.690
4.626
4.690
1
276213020-6
16-01SPECF
First Amer Govt Oblig Fund Cl
1,145,479.31
1,145,479.31
1,145,479.31
4.690
4.626
4.690
1
276213025-1
16-01 SPECTF
First Amer Govt Oblig Fund Cl
09/30/2022
22,323.02
22,323.02
22,323.02
4.690
4.626
4.690
1
276213036
16-01 RESF2
First Amer Govt Oblig Fund Cl
03/01/2023
246,269.47
246,269.47
246,269.47
4.690
4.626
4.690
1
218848001-6
2017A&B INT
First Amer Govt Oblig Fund Cl
0.97
0.97
0.97
5.150
5.079
5.150
1
218848008-6
2017ABPRIORP
First Amer Govt Oblig Fund Cl
18,418.20
18,418.20
18,418.20
4.690
4.626
4.690
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 IDS
First Amer Govt Oblig Fund Cl
27,678.44
27,678.44
27,678.44
4.690
4.626
4.690
1
218848002-6
2017B PRIN
First Amer Govt Oblig Fund Cl
6.77
6.77
6.77
4.730
4.665
4.730
1
218848009-6
2017B_PROJ
First Amer Govt Oblig Fund Cl
5,307,354.36
5,307,354.36
5,307,354.36
4.690
4.626
4.690
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
Data Updated: SET_MTH: 07/10/2023 12:52
Run Date: 07/10/2023 - 12:52
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 2023
Page 3
CUSIP
Investment #
Average
Issuer Balance
Purchase
Date
Par Value
Market Value
Book Value
Stated
Rate
YTM
360
YTM Days to Maturity
365 Maturity Date
Managed Pool Accounts
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
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
8,240,777.49
8,240,777.49
8,240,777.49
2.010
1.982
2.010
1
164742006-1
03-06 RES-1
CA Local Agency Investment Fun
310,237.11
310,237.11
310,237.11
4.690
4.626
4.690
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 34,610,713.37
32,629,446.30
32,629,446.30
32,629,446.30
3.847
3.900
1
Retention Escrow Account
NOBEL COMPANY
3354
Banner Bank
0.00
0.00
0.00
0.150
0.148
0.150
1
Portfolio TEME
Data Updated: SET_MTH:
07/10/2023
12:52
NL! CP
Run Date: 07/10/2023 - 12:52
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 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
Retention Escrow
Account
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
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 14,239,442.71 14,239,442.71 14,239,442.71 1.530 1.509 1.530 1
Subtotal and Average 14,151,897.76 14,239,442.71 14,239,442.71 14,239,442.71 1.509 1.530 1
Local Agency Investment Funds
SYSCITY CITY CA Local Agency Investment Fun
72,909,366.30
71,925,842.94
72,909,366.30
0.206 0.203
0.206
1
SYSRDA RDA CA Local Agency Investment Fun
1,927.61
1,901.61
1,927.61
0.365 0.360
0.365
1
SYSTCSD TCSD CA Local Agency Investment Fun
29,642,094.52
29,242,232.42
29,642,094.52
0.365 0.360
0.365
1
Subtotal and Average 103,862,536.99
102,553,388.43
101,169,976.97
102,553,388.43
0.249
0.252
1
Money Market
31846V542
Money Mkt
USBANK
08/31/2022
5,025,206.40
5,025,206.40
5,025,206.40
2.120
2.091
2.120
1
Subtotal
and Average 5,126,636.59
5,025,206.40
5,025,206.40
5,025,206.40
2.091
2.120
1
Medium Term Notes
04685A3J8
01285
Athene Global Funding
10/06/2022
2,000,000.00
1,931,980.00
1,920,360.00
2.514
5.385
5.460
312
03/08/2024
06406RAJ6
01282
Bank of NY Mellon Corp
09/27/2022
1,000,000.00
994,750.00
994,200.00
3.450
4.100
4.157
102
08/11/2023
14913Q21-2
01276
Caterpillar Financial Service
08/31/2022
2,000,000.00
1,998,820.00
2,000,000.00
3.450
3.398
3.445
14
05/15/2023
25160PAM9
01292
Deutsche Bank NY
11/14/2022
1,000,000.00
990,920.00
961,560.00
5.371
6.220
6.306
1,592
09/09/2027
46849LSQ5
01294
Jackson Natl Life Global
12/23/2022
2,000,000.00
1,866,860.00
1,879,480.00
3.050
4.957
5.026
1,094
04/29/2026
594918BQ6
01279
Microsoft Corp
09/07/2022
2,000,000.00
1,985,940.00
1,973,940.00
2.000
3.403
3.451
99
08/08/2023
21688AAU6
01284
Cooperat Rabobank UA/NY
09/30/2022
2,000,000.00
1,974,320.00
1,968,180.00
3.875
4.696
4.761
479
08/22/2024
Portfolio TEME
Data Updated: SET_MTH:
07/10/2023
12:52
NL! CP
Run Date: 07/10/2023 - 12:52
PM (PRF_PM2)
7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 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
Medium Term Notes
89236TJX4
01288
Toyota Motor Credit Corp
10/14/2022
2,000,000.00
1,955,900.00
1,940,540.00
2.500
4.595
4.659
326 03/22/2024
Subtotal and Average
13,638,260.00
14,000,000.00
13,699,490.00
13,638,260.00
4.501
4.564
446
Federal Agency Callable Securities
3133EMQGO
01259
Federal Farm Credit Bank
02/10/2021
1,000,000.00
926,930.00
1,000,000.00
0.320
0.316
0.320
651 02/10/2025
3133EMK92
01265
Federal Farm Credit Bank
06/23/2021
1,000,000.00
924,130.00
1,000,000.00
0.580
0.572
0.580
784 06/23/2025
3133EMN57
01266
Federal Farm Credit Bank
06/28/2021
1,000,000.00
948,560.00
1,000,000.00
0.440
0.434
0.440
424 06/28/2024
3133EMP22
01267
Federal Farm Credit Bank
06/30/2021
1,000,000.00
903,310.00
1,000,000.00
0.910
0.898
0.910
1,156 06/30/2026
3133ENAP5
01273
Federal Farm Credit Bank
10/14/2021
1,000,000.00
921,630.00
1,000,000.00
0.800
0.789
0.800
897 10/14/2025
313OAKQ41
01258
Federal Home Loan Bank
01/28/2021
1,000,000.00
913,450.00
1,000,000.00
0.520
0.513
0.520
1,003 01/28/2026
3130ALEU4
01260
Federal Home Loan Bank
02/25/2021
1,000,000.00
934,920.00
1,000,000.00
0.350
0.345
0.350
574 11/25/2024
3130ALWV2
01261
Federal Home Loan Bank
04/21/2021
1,000,000.00
924,960.00
1,000,000.00
0.550
1.011
1.025
1,086 04/21/2026
3130AM2V3
01262
Federal Home Loan Bank
04/29/2021
1,000,000.00
938,270.00
1,000,000.00
0.700
0.690
0.700
729 04/29/2025
3130AMNMO
01263
Federal Home Loan Bank
05/27/2021
1,000,000.00
918,700.00
1,000,000.00
0.500
0.493
0.500
1,122 05/27/2026
3130AMM90
01264
Federal Home Loan Bank
06/10/2021
1,000,000.00
919,620.00
1,000,000.00
0.500
1.973
2.000
1,136 06/10/2026
3130AN4N7
01268
Federal Home Loan Bank
07/14/2021
1,000,000.00
925,690.00
1,000,000.00
0.720
0.710
0.720
805 07/14/2025
3130ANAZ3
01269
Federal Home Loan Bank
07/28/2021
1,000,000.00
934,550.00
1,000,000.00
0.600
0.592
0.600
728 04/28/2025
3130AP3M5
01270
Federal Home Loan Bank
09/28/2021
1,000,000.00
931,710.00
1,000,000.00
0.550
0.542
0.550
697 03/28/2025
3134GXJL9
01257
Federal Home Loan Mtg Corp
12/30/2020
1,000,000.00
907,910.00
1,000,000.00
0.500
0.493
0.500
974 12/30/2025
3130APBV6
01271
Union Bank
10/07/2021
1,000,000.00
900,430.00
999,000.00
1.000
1.007
1.021
1,255 10/07/2026
3130APAM7
01272
Union Bank
10/14/2021
1,000,000.00
900,030.00
998,500.00
0.900
0.918
0.931
1,262 10/14/2026
Subtotal and Average
16,997,500.00
17,000,000.00
15,674,800.00
16,997,500.00
0.723
0.733
899
Treasury Coupon Securities
912828T26
01281
U.S. Treasury
09/26/2022
2,000,000.00
1,970,540.00
1,945,703.13
1.375
4.088
4.145
152 09/30/2023
91282CEX5
01283
U.S. Treasury
09/29/2022
2,000,000.00
1,962,580.00
1,960,312.50
3.000
4.126
4.184
426 06/30/2024
91282CEX5
01287
U.S. Treasury
10/13/2022
2,000,000.00
1,962,580.00
1,955,312.50
3.000
4.304
4.364
426 06/30/2024
9128285P1
01289
U.S. Treasury
10/19/2022
2,000,000.00
1,977,420.00
1,966,093.75
2.875
4.387
4.448
213 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
244 12/31/2023
91282CFQ9
01291
U.S. Treasury
11/04/2022
2,000,000.00
1,999,300.00
1,988,281.25
4.375
4.622
4.687
549 10/31/2024
912828V23
01295
U.S. Treasury
02/09/2023
3,000,000.00
2,947,980.00
2,932,968.75
2.250
4.778
4.844
244 12/31/2023
Subtotal and Average
14,705,937.51
15,000,000.00
14,790,400.00
14,705,937.51
4.415
4.476
317
Data Updated: SET_MTH: 07/10/2023 12:52
Run Date: 07/10/2023 - 12:52
Portfolio TEME
NL! CP
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Investments
April 30, 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
Federal Agency
Bullet Securities
3133ELMA9
01254
Federal Farm Credit Bank
02/07/2020
1,000,000.00
990,060.00
1,000,000.00
1.420
1.401
1.420
98 08/07/2023
3133ELTU8
01256
Federal Farm Credit Bank
03/18/2020
1,000,000.00
967,970.00
1,000,000.00
0.920
0.907
0.920
322 03/18/2024
3133ENCA6
01274
Federal Farm Credit Bank
10/25/2021
1,000,000.00
944,600.00
1,000,000.00
0.700
0.690
0.700
543 10/25/2024
3135GO5G4
01278
Federal National Mtg Assn
09/02/2022
2,000,000.00
1,981,920.00
1,945,480.00
0.250
3.464
3.512
70 07/10/2023
Subtotal and Average 4,945,480.00
5,000,000.00
4,884,550.00
4,945,480.00
1.969
1.996
222
Supranational
4581XOEE4
01286 Inter -American Devel Bk
Subtotal and Average
Total and Average
985,430.00
216,195,439.92
10/06/2022
1,000,000.00
1,000,000.00
206,447,486.84
985,100.00
985,100.00
203,098,415.38
985,430.00
985,430.00
3.250 4.069
4.069
4.126
4.126
427 07/01/2024
427
205, 720, 094.35
1.630
1.653
135
Portfolio TEME
Data Updated: SET_MTH: 07/10/2023 12:52 NL! CP
Run Date: 07/10/2023 - 12:52
PM (PRF_PM2) 7.3.0
Portfolio Managment Treasury Report
Portfolio Management
Portfolio Details - Cash
April 30, 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
16,114.40
16,114.40
16,114.40
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
9,495,549.04
9,495,549.04
9,495,549.04
0.000
0.000
1
SYSParking Ck
PARKING CITA
Union Bank of California
07/01/2022
20,200.00
20,200.00
20,200.00
0.000
0.000
1
Average Balance 0.00
Total Cash and Investments
216,195,439.92
0
215,983,261.28 212,634,189.82 215,255,868.79 1.630 1.653 135
Portfolio TEME
Data Updated: SET_MTH: 07/10/2023 12:52 NL! CP
Run Date: 07/10/2023 - 12:52
PM (PRF_PM2) 7.3.0
Cash and Investments Report
CITY OF TEMECULA
Through April 2023
Fund
# Fund Name
Beginning
Balance
Receipts
Disbursements
Fund Total
001
GENERAL FUND
$
44,272,087.87 $
8,669,963.20
$ 6,327,672.19
$
46,614,378.88
002
MEASURE S FUND
42,670,670.18
2,982,643.05
4,549,158.75
41,104,154.48
006
FIRE FACILITY ACQUISITION FUND
1,511,292.53
7,462.65
$
1,518,755.18
100
STATE GAS TAX FUND
2,150,938.86
198,966.51
2,349,905.37
102
RMRA-ROAD MAINTENANCE REHABILITATION ACT
3,178,321.97
220,972.10
3,399,294.07
103
STREETS MAINTENANCE FUND
6,469,931.87
530,484.17
7,000,416.04
105
NPDES
175,166.90
654.45
175,821.35
106
UPTOWN TEMECULA NEW STREETS IN LIEU FEES
895,655.76
4,292.98
899,948.74
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
13,749,958.55
-
1,502,451.30
12,247,507.25
120
DEVELOPMENT IMPACT FUND
13,359,646.82
186,689.11
-
13,546,335.93
125
PEG PUBLIC EDUCATION & GOVERNMENT
798,042.81
3,794.80
2,982.66
798,854.95
145
TEMECULA ENERGY EFFICIENCY ASSET TEAM
839,944.46
4,147.53
-
844,091.99
150
AB 2766 FUND
350,554.71
1,590.58
352,145.29
160
SUPPLEMENTAL LAW ENFORCEMENT SERVICES
172,007.53
698.66
172,706.19
161
TEMECULA MAJOR CRIMES REWARD FUND
53.44
-
-
53.44
165
AFFORDABLE HOUSING
5,355,553.14
26,687.61
23,709.05
5,358,531.70
170
MEASURE A FUND
8,651,636.01
349,670.90
88,942.57
8,912,364.34
190
TEMECULA COMMUNITY SERVICES DISTRICT
676,289.42
2,421,810.94
1,009,213.02
2,088,887.34
191
TCSD SERVICE LEVEL "B" STREET LIGHT REPLACEMENT
859,263.10
4,242.98
-
863,506.08
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
396,486.31
1,711.27
26,557.83
371,639.75
194
TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
828,405.67
3,605.78
4,909.98
827,101.47
195
TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
30,372.64
145.55
-
30,518.19
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
382,710.90
2,849.32
13,061.09
372,499.13
197
TEMECULA LIBRARY FUND
437,012.21
251,072.34
35,662.24
652,422.31
198
PUBLIC ART
197,487.84
3,536.72
4,630.00
196,394.56
210
CAPITAL IMPROVEMENT PROJECT FUND
2,628,811.06
801,155.38
2,090,880.44
1,339,086.00
275
CFD 03-3 WOLF CREEK IMPROVEMENT FUND
215,634.23
830.21
-
216,464.44
277
CFD-RORIPAUGH
8,397,489.92
713.95
11,784.42
8,386,419.45
278
CFD-RORIPAUGH II
14,395,272.54
41,563.21
4,955,781.61
9,481,054.14
300
INSURANCE FUND
1,269,257.70
6,067.28
54,335.85
1,220,989.13
305
WORKER'S COMPENSATION
1,313,890.37
81,748.13
94,794.46
1,300,844.04
310
VEHICLES AND EQUIPMENT FUND
3,206,505.60
140,611.94
16,941.30
3,330,176.24
320
INFORMATION TECHNOLOGY
1,939,938.23
82,195.16
251,160.50
1,770,972.89
325
TECHNOLOGY REPLACEMENT FUND
2,520,625.93
137,152.83
8,815.99
2,648,962.77
330
CENTRAL SERVICES
52,807.68
128.10
28,986.26
23,949.52
335
CENTRAL SERVICES
340,270.98
1,648.38
-
341,919.36
340
FACILITIES
643,111.94
2,451.83
102,910.65
542,653.12
350
FACILITY REPLACEMENT FUND
845,660.70
106,266.08
-
951,926.78
380
SARDA DEBT SERVICE FUND
4,266,288.37
20,028.42
4,286,316.79
460
CFD 88-12 DEBT SERVICE FUND
95,423.14
471.19
-
95,894.33
472
CFD 01-2 HARVESTON A&B DEBT SERVICE
941,693.58
4,087.89
1,711.76
944,069.71
473
CFD 03-1 CROWNE HILL DEBT SERVICE FUND
1,249,272.83
2,132.09
1,711.77
1,249,693.15
474
AD 03-4 JOHN WARNER ROAD DEBT SERVICE
7,191.84
35.51
-
7,227.35
475
CFD 03-3 WOLF CREEK DEBT SERVICE FUND
1,049,880.04
5,298.81
1,711.77
1,053,467.08
476
CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
499,726.20
960.41
1,711.77
498,974.84
477
CFD 03-02 RORIPAUGH DEBT SERVICE FUND
1,099,000.71
4,637.15
1,711.77
1,101,926.09
478
CFD-RORIPAUGH II
4,810,019.99
47,401.22
2,744.27
4,854,676.94
481
CFD 20-01 ALTAIR
-
150,000.00
-
150,000.00
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
10,213.80
50.73
2,355.90
7,908.63
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
122,782.44
592.70
1,746.30
121,628.84
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
56,419.66
285.34
4,512.82
52,192.18
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
5,644.68
27.24
365.60
5,306.32
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
23,817.39
106.90
2,075.45
21,848.84
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
44,901.18
212.03
1,085.60
44,027.61
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
8,375.10
38.21
767.80
7,645.51
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
100,932.28
561.71
11,350.34
90,143.65
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
30,823.01
150.03
2,067.61
28,905.43
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
14,959.90
71.52
510.30
14,521.12
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
3,307.08
16.03
173.63
3,149.48
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
70,332.61
388.22
4,535.16
66,185.67
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
31,087.18
163.40
1,694.31
29,556.27
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
12,088.75
56.48
3,174.00
8,971.23
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES
12,225.90
59.18
542.50
11,742.58
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
88,373.27
426.29
9,484.96
79,314.60
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
2,508.36
12.26
111.13
2,409.49
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
50,577.18
278.50
4,527.31
46,328.37
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
83,469.03
408.84
9,751.64
74,126.23
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
268,708.91
1,307.54
18,755.70
251,260.75
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
161,925.11
857.79
18,006.82
144,776.08
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
11,051.98
53.81
205.56
10,900.23
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
28,810.10
139.47
2,771.16
26,178.41
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
54,351.28
225.95
7,027.83
47,549.40
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
73,902.59
353.66
9,373.60
64,882.65
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
2,104.74
10.01
102.54
2,012.21
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
9,876.67
45.91
339.11
9,583.47
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
591,611.61
2,980.92
13,322.35
581,270.18
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
8,165.80
40.11
168.18
8,037.73
530
SERVICE LEVEL"C"ZONE 30 FUTURE ZONES
36,306.49
179.28
-
36,485.77
701
PENSION RATE STABILIZATION FUND
$
14,148,878.97
90,563.74
-
$
14,239,442.71
Grand Total:
$
216,365,798.13
17,615,942.17
$ 21,347,550.48
$
212,634,189.82
Journal Entries completed after March's Treasurer's Report was issued are reflected in the Receipts I Disbursements columns.
Item No. 5
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Adopt Resolution to Establish the Amount of the Voter -Approved Measure C
Annual Special Tax Levy for Fiscal Year 2023-24
PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ESTABLISHING THE AMOUNT OF THE
SPECIAL TAX LEVY FOR FISCAL YEAR 2023-24 TO
PROVIDE FOR RECREATION AND HUMAN SERVICES
PROGRAMS AND THE OPERATION, MAINTENANCE AND
SERVICING OF PUBLIC PARKS AND RECREATIONAL
FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL
STREET LIGHTS AND TRAFFIC SIGNALS
BACKGROUND: Beginning Fiscal Year 1997-98, the Community Services, Parks and
Recreation and Arterial Street Lights Rates and Charges previously levied by the Temecula
Community Services District (TCSD) were replaced by the City of Temecula's Parks/Lighting
Services Special Tax approved by the voters as Measure C on March 4, 1997. The purpose of the
Parks/Lighting Services Special Tax is to provide for the ongoing operations, maintenance and
servicing of the City's public parks, recreational facilities; recreational and human services
programs; landscaped median maintenance costs; and energy costs for arterial street lighting and
traffic signals.
Pursuant to City Ordinance 96-21, the City Council is also empowered to establish the amount of
the tax levy each fiscal year. As a result, it is recommended that the amounts to be levied for Fiscal
Year 2023-24 shall be the maximum tax rate approved by voters within the following categories:
$ 74.44 per single family residential dwelling unit
$ 55.83 per multi -family residential dwelling unit
$ 148.88 per acre of vacant property in a residential zone
$ 297.76 per acre of vacant property in a non-residential zone
$ 446.64 per acre of non-residential improved property
$ 148.88 per acre of golf course property
$ 37.22 per acre of agricultural property
The Parks/Street Lighting Services Special Tax is levied in the same manner, at the same time as
the TCSD Rates and Charges, and collected on the annual property tax bills.
The anticipated revenue based on the assessed rate from all taxable parcels within the City for
Fiscal Year 2023-24 is $3,833,010. This revenue is allocated 50% to the General Fund, to provide
funding for Parks Maintenance and 50% to the Temecula Community Services District, to provide
funding for the multitude of recreation programs, services and facilities. The difference in
operating costs over levy revenue is offset by recreational revenues, user fees, interest income,
fund balance, and contributions from the voter -approved one -cent sales tax (Measure S). This will
be the twenty-third consecutive year that the General Fund, and now the Measure S Fund, has
contributed to the funding of the parks, programs, facilities, and services provided by the TCSD.
To make the City's levy of the special tax consistent with the County's application of ad valorem
property taxes and with the City's historical administration of the special tax, City Staff further
recommends that the tax rate be set at $0.00 for any parcel of property that: (i) qualifies for an
exemption from ad valorem taxation under California law, (ii) is owned by a federally recognized
Tribal Government, (iii) is owned by a homeowners association and used by the owners and/or
occupants of the respective residential development in a manner incidental to residential
occupancy or (iv) is zoned for use as open space.
FISCAL IMPACT: The $3,833,010 in Special Tax revenue will fund park and
recreational facilities maintenance, recreational, human services and cultural arts programs
throughout the City. Fifty percent of the levy is receipted in the City's General Fund and 50% is
receipted in the Temecula Community Services District Fund.
ATTACHMENTS: Resolution to Levy the Parks/Lighting Special Tax
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE AMOUNT OF THE
SPECIAL TAX LEVY FOR FISCAL YEAR 2023-24 TO
PROVIDE FOR RECREATION AND HUMAN SERVICES
PROGRAMS AND THE OPERATION, MAINTENANCE
AND SERVICING OF PUBLIC PARKS AND
RECREATIONAL FACILITIES, MEDIAN LANDSCAPING,
AND ARTERIAL STREET LIGHTS AND TRAFFIC
SIGNALS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Pursuant to the authority of Article XI, Section 7 of the California
Constitution, Government Code Section 37100.5, and other applicable law, the City Council
adopted, and the voters of the City of Temecula approved, Ordinance No. 96-21, levying and
assessing a special tax on each parcel of property in the City of Temecula for each fiscal year,
commencing with Fiscal Year 1997-1998.
Section 2. The maximum amount of said special tax for each fiscal year as
established by Ordinance No. 96-21 is $74.44 per single-family residential dwelling unit, $55.83
per multi -family residential dwelling unit, $148.88 per acre of vacant property in a residential
zone, $297.76 per acre of vacant property in a non-residential zone, $446.64 per acre of non-
residential improved property and $37.22 per acre for agricultural uses.
Section 3. The City of Temecula has experienced a large amount of mixed use (both
residential and commercial) development primarily within the Temecula Old Town area. As a
result, all mixed -use development assessment for the Special Tax will be calculated using the
number and type of dwelling units and the per acre charge for non-residential improved property.
Section 4. Pursuant to Ordinance No. 96-21 the City Council is empowered to
establish the amount of the special tax levy annually each fiscal year, in amounts not to exceed
the maximum amounts specified in Section 2 of this Resolution, as is required to provide an
adequate level of service in accordance with the purposes set forth in the Ordinance.
Section 5. The City Council hereby determines that the maximum rates will be
required in order to provide an adequate level of service in accordance with the purposes set
forth in Ordinance No. 96-21, and hereby establishes the following amounts to be levied as a
special tax for Fiscal Year 2023-24:
$ 74.44 per single-family residential dwelling unit
$ 55.83 per multi -family residential dwelling unit
$148.88 per acre of vacant property in a residential zone
$297.76 per acre of vacant property in a non-residential zone
$446.64 per acre of non-residential improved property
$148.88 per acre of golf course property
$ 37.22 per acre of agricultural property
Section 6. Notwithstanding Section 5 of this Resolution the tax rate shall be $0.00 for
any parcel of property that: (i) qualifies for an exemption from ad valorem taxation under
California law, (ii) is owned by a federally recognized Tribal Government, (iii) is owned by a
homeowners' association and used by the owners and/or occupants of the respective residential
development in a manner incidental to residential occupancy or (iv) is zoned for use as open
space.
Section 7. The special tax shall be collected in the same manner, on the same dates,
and shall be subject to the same penalties and interest as other charges and taxes fixed and
collected by the County of Riverside on behalf of the City of Temecula. Said special tax,
together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which
it is levied until it has been paid, and said special tax, together with all penalties and interest
thereon, shall until paid, constitute a personal obligation of the City of Temecula by the persons
who own the parcel on the date the tax is due. 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, are applicable to the special tax,
except for California Revenue and Taxation Code Section 4831.
Section 8. The revenue raised by the special tax shall be placed in a special fund to
be used only for the purposes of operating, maintaining and servicing public parks and
recreational facilities, recreational and community services programs, median landscaping,
arterial streetlights and traffic signals throughout the City of Temecula and administrative
expenses incurred by the City in connection therewith.
Section 9. The special tax shall not be imposed upon a federal or state governmental
agency or another local governmental agency or upon any parcel of property that is exempt from
the special tax imposed by this ordinance pursuant to any provision of the Constitution or any
paramount law.
Section 10. The Director of Finance is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 2023,
the property tax roll with the special tax enumerated for each parcel not exempt therefrom; and
the County Auditor is hereby designated, required, empowered, authorized, instructed, directed
and ordered to make collection of such special tax as shown on that roll and to perform any and
all duties necessary therefore.
Section 11. If a property owner subject to the special tax challenges or questions the
levy of the special tax against such property owners' property, such property owner must appeal
the levy by filing an appeal with the City Clerk before 5:00 p.m. on December 1, 2023, pursuant
to procedures established by the City.
N
Section 12. If a property owner subject to the special tax believes that payment of the
special tax for Fiscal Year 2023-24 would create a hardship for that property owner during that
fiscal year, such property owner must appeal the levy by filing a hardship appeal with the City
Clerk before 5:00 p.m. on December 1, 2023, pursuant to the procedures established by the City,
in order to be considered under the hardship appeal program.
Section 13. If any provision of this Resolution or the application thereof to any person
or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect any other provision or applications, and to this
end the provision of this Resolution are declared to be serverable. The City Council does hereby
declare that it would have adopted this Resolution and each section, subsection, sentence, clause,
phrases, parts or portions hereof are declared invalid or unconstitutional.
Section 14. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25th day of July, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of July, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Item No. 6
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Approve First Amendment to the Agreement with Bio Tox Laboratories, Inc. for
Toxicology and Lab Services
PREPARED BY: Tina Rivera, Purchasing Administrator
RECOMMENDATION: That the City Council approve the First Amendment to the
Agreement with Bio Tox Laboratories, Inc., to increase the payment in the amount of $195,000
for a total agreement amount of $445,000 and to extend the term to June 30, 2025.
BACKGROUND: The City of Temecula contracts with the County of Riverside on
behalf of the Riverside County Sheriffs Department for law enforcement services. On September
11, 2018 City Council approved a five-year Agreement with Bio Tox Laboratories to provide
Toxicology and Lab Services to the Riverside County Sheriffs Department.
The Riverside County Sheriffs Department is required to perform appropriate legal testing for any
drivers apprehended within Temecula City limits for driving under the influence (DUI), and
utilizes Bio Tox Laboratories for these services.
An increase in services used was recognized in Fiscal Years 2020-21, 2021-22, and 2022-23.
Additionally, Bio Tox Laboratories confirmed an increase in their fee schedule, approved by the
County of Riverside effective July 1, 2022. To cover these increases, and to remain in alignment
with the County contract, staff recommends approval of the First Amendment to the Agreement
with Bio Tox Laboratories to increase the payment in the amount of $195,000, bringing the total
agreement amount to $445,000 and to extend the term to June 30, 2025.
FISCAL IMPACT: Adequate funds are available in the Police budget for FY 2022-23.
ATTACHMENTS: First Amendment
FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND BIO TOX LABORATORIES, INC.
TOXICOLOGY AND LAB SERVICES
(AGREEMENT NO 18-196)
THIS FIRST AMENDMENT is made and entered into as of July 11, 2023 by and between
the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Bio Tox
Laboratories, Inc., a Corporation (hereinafter referred to as "Consultant'). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
This Amendment is made with the respect to the following facts and purposes:
a. On September 11, 2018, the City and Consultant entered into that certain
Agreement entitled "Agreement for Consultant Services for Toxicology and Lab Services," in
the amount of Fifty Thousand Dollars and No Cents ($50,000.00) each fiscal year for a total
not to exceed Agreement amount of Two Hundred Fifty Thousand Dollars and No Cents
($250,000.00)
b. The parties now desire to extend the term to June 30, 2025, update the
Payment Rates, and increase the payment in the amount of One Hundred Ninety Five
Thousand Dollars and No Cents ($195,000.00), 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, 2025, 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 FIRST Amendment amount shall not exceed One Hundred Ninety Five
Thousand Dollars and No Cents ($195,000.00), for additional Toxicology and
Lab Services for a total Agreement amount of Four Hundred Forty Five
Thousand Dollars and No Cents ($445,000.00).
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
M
Zak Schwank, Mayor
ATTEST:
By:
Rand! Johl, City Clerk
APPROVED AS TO FORM.
By
BIO TOX LABORATORIES, INC.
By: '4 ID ,
Tracey Stangarone, 6resident
By: PO-- -
Sue Somers, Assistant Secretary
Peter M. Thorson, City Attorney CONSULTANT
Bio Tox Laboratories, Inc.
Attn: Tracey Stan arone
1965 Chicago Avenue, Ste. C
_Riverside CA 92507
Phone: 951-341-9355
E-Mail: tracey@blotqxiabs.cam
City Purchasing Mgr.
Initials and Date:
3l2
2
Oe/0912021
ATTACHMENT "A"
Riverside County Sheriff contracts with Bio Tox Laboratories for toxicology and lab services.
Services with the City of Temecula are per County pricing as outlined in County of Riverside
contract ID #SHARC-96148-002-60/23.
Effective 7/1/22 a nominal price increase was negotiated and agreed upon with the County of
Riverside under their current contract and attached hereto and incorporated herein as though
set forth in full.
The not to exceed amount listed herein is an estimated expenditure and this Agreement does
not guaranteed Consultant this amount in purchased services.
08/09/2021
COUNTY OF RIVERSIDE
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
BIO-TOX LABORATORIES, INC.
EXHIBIT B-3
PAYMENT PROVISIONS
Contract
Test Description
Service Fee
ALCOHOL AND VOLATILES
1
ALCOHOL, URINE
46.58
2
ALCOHOL, VITREOUS
46.58
3
ALCOHOL, BLOOD
50.55
4
ALCOHOL, TISSUE
59.45
5
ALCOHOLIC BEVERAGE(including Pruno
104.00
6
VOLATILES PANEL ACETONE, ISOPROPANOL, METHANOL)
104.00
7
BARBITURATE CONFIRMATION, LC/MS/MS
125.00
8
BENZODIAZEPINES CONFIRMATION LC/MS/MS
173.45
9
CANNABINOIDS CONFIRMATION LC/MS/MS
98.05
10
COCAINE CONFIRMATION, LC/MS/MS
78.25
CORONER DRUG SCREEN PANELS PLUS ALCOHOL
11
COMPREHENSIVE PANEL DRUG SCREEN (BLOOD, URINE OR
VITREOUS) - OVER 200 DRUGS DETECTABLE
148.75
12
COMPREHENSIVE PANEL DRUG SCREEN (TISSUE) - OVER 200
DRUGS DETECTABLE
160.65
13
(10-Panel) CORONER PANEL DRUG SCREEN (BLOOD OR
VITREOUS) -AMPHETAMINES, BENZODIAZEPINES,
CANNABINOIDS, COCAINE METABOLITE, OPIATES, PCP,
CARISOPRODOL, FENTANYL, OXYCODONE, ZOLPIDEM
82.25
14
(10-Panel) CORONER PANEL DRUG SCREEN (TISSUE)-
AMPHETAMINES, BENZODIAZEPINES, CANNABINOIDS,
COCAINE METABOLITE, OPIATES, PCP, CARISOPRODOL,
FENTANYL, OXYCODONE, ZOLPIDEM
93.15
13B
6-Panel) Basic Panel Drug Screen blood, urine or vitreous
68.40
13T
(6-Panel) Basic Panel Drug Screen (tissue)
78.30
OTHER DRUG SCREENS
15
(6-Panel) DRUGS OF ABUSE SCREEN-BENZODIAZEPINES,
COCAINE METABOLITE, METHAMPHETAMINE, OPIATES, PCP,
THC ANTEMORTEM CASES ONLY)
48.58
16
10-PANEL DRUG SCREEN -AMPHETAMINES,
BENZODIAZEPINES, CANNABINOIDS, COCAINE METABOLITE,
OPIATES, PCP, CARISOPRODOL, FENTANYL, OXYCODONE,
ZOLPIDEM ANTEMORTEM CASES ONLY)
71.35
17
AMPHETAMINES SCREEN URINE, BLOOD OR VITREOUS
19.00
18
AMPHETAMINES SCREEN, TISSUE
25.00
19
BENZODIAZEPINES SCREEN URINE, BLOOD OR VITREOUS
19.00
20
BENZODIAZEPINES SCREEN TISSUE
25.00
21
CANNABINOIDS SCREEN URINE BLOOD OR VITREOUS
19.00
22
CANNABINOIDS SCREEN TISSUE
25.00
23
COCAINE METABOLITE SCREEN (URINE, BLOOD OR
19.00
RFQ# SHARC-364
BOS agenda 3.48 APPROVED ON 7/31/2018
Form #116-311 Revision Date: 01/13/2016
County of Riverside Purchasing and Fleet Services
2980 Washington Street Riverside, CA 92504
Telephone: (951) 955-4937
COUNTY OF RIVERSIDE
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
BIO-TOX LABORATORIES, INC.
VITREOUS
24
COCAINE METABOLITE SCREEN TISSUE
25.00
25
DESIGNER STIMULANT SCREEN (URINE, BLOOD OR
VITREOUS
125.00
26
DESIGNER STIMULANT SCREEN TISSUE
135.00
27
LSD SCREEN (BLOOD OR VITREOUS)
75.00
28
OPIATES SCREEN URINE, BLOOD OR VITREOUS
19.00
29
OPIATES SCREEN TISSUE
25.00
30
PHENCYCLIDINE SCREEN URINE, BLOOD OR VITREOUS
19.00
31
AMPHETAMINES CONFIRMATION LC/MS/MS
79.25
32
OPIATES CONFIRMATION, LC/MS/MS
94.11
33
PHENCYCLIDINE, LC/MS/MS
42.61
OTHER DRUGS AND/OR METABOLITE), LC/MS/MS
34
ACETAMINOPHEN
104.00
35
ALBUTEROL
104.00
36
AMITRIPTYLINE
104.00
37
ATENOLOL
104.00
37.1
ATROPINE
104.00
38
BENZTROPINE
104.00
39
BROMPHENIRAMINE
104.00
40
BUPRENORPHINE
104.00
41
BUPROPION
128.75
42
BUSPIRONE
104.00
43
CARBAMAZEPINE
104.00
44
CARISOPRODOL
104.00
45
CHLORPHENIRAMINE
104.00
46
CHLORPROMAZINE
104.00
47
CITALOPRAM/ESCITALOPRAM
104.00
48
CLONIDINE
104.00
49
CYCLOBENZAPRINE
104.00
50
DEXTROMETHORPHAN
104.00
50.1
DILTIAZEM
104.00
51
DIPHENHYDRAMINE
104.00
52
DOXEPIN
104.00
53
DOXYLAMINE
104.00
54
DULOXETINE
104.00
55
FENTANYL
104.00
56
FLUOXETINE
104.00
57
GABAPENTIN
128.75
58
GAMMA-HYDROXYBUTYRATE
208.00
59
HALOPERIDOL
104.00
60
HYDROXYZINE
104.00
61
KETAMINE
104.00
62
LAMOTRIGINE
104.00
63
LEVETIRACETAM
104.00
64
ILEVORPHANOL
104.00
RFQ# SHARC-364
BOS agenda 3.48 APPROVED ON 7/31/2018
Form #116-311 Revision Date: 01/13/2016
County of Riverside Purchasing and Fleet Services
2980 Washington Street Riverside, CA 92504
Telephone: (951) 955-4937
COUNTY OF RIVERSIDE
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
BIO-TOX LABORATORIES, INC.
65
LIDOCAINE
104.00
66
MECLIZINE
104.00
67
MEPERIDINE
104.00
68
METHADONE
104.00
69
METHOCARBAMOL
104.00
70
MIRTAZAPINE
104.00
71
NALOXONE
104.00
72
OLANZAPINE
104.00
73
OXCARBAZEPINE
104.00
74
PAROXETINE
104.00
75
PHENAZEPAM
104.00
75.1
PHENIRAMINE
123.80
76
PHENTERMINE
104.00
76.1
PHENYLPROPANOLAMINE
104.00
77
PHENYTOIN
128.75
78
PRIMIDONE
104.00
79
PROMETHAZINE
104.00
80
PROPRANOLOL
104.00
81
PSEUDOEPHEDRINE
104.00
82
QUETIAPINE
104.00
83
RISPERIDONE
104.00
84
SERTRALINE
104.00
85
TOPIRAMATE
128.75
86
TRAMADOL
104.00
87
TRAZODONE
104.00
88
VENLAFAXINE
104.00
89
ZOLPIDEM
104.00
SPECIAL FEES
90
BIOHAZARD WASTE FEE
1.00
91
CAPITATION CORONER PANEL
475.00
92
CAPITATION COMPREHENSIVE PANEL
675.00
93
CAPITATION CORONER REVIEW
875.00
94
CHAIN OF CUSTODY -storage only per sam le; no testing; antemortem
15.00
95
CHAIN OF CUSTODY -storage only per sample; no testing; postmortem
15.00
96
HANDLING, SHIPPING & SPECIAL CARE
AT COST
97
LEAKING SAMPLE
25.00
98
MATRIX EFFECT -Unsuccessful quantitative analysis due to unusual
problems with submitted sample.
150.00
99
NAME DISCREPANCY
19.00
99.1
OUTGOING SPLIT
50.00
100
RUSH SAMPLE ANALYSIS-1-2 weeks turnaround time depending on
complexity of case
NO
CHARGE
101
STAT PICK UP FEE-60 MILE MAXIMUM (Call for other
arrangements outside of 60 miles
75.00
102
SAMPLE RETURN
25.00
103
STAT FEE, PER TEST-24 to 48 hours turnaround time
200.00
RFQ# SHARC-364
BOS agenda 3.48 APPROVED ON 7/31/2018
Form #116-311 Revision Date: 01/13/2016
County of Riverside Purchasing and Fleet Services
2980 Washington Street Riverside, CA 92504
Telephone: (951) 955-4937
COUNTY OF RIVERSIDE
AMENDMENT NO. 3 TO THE AGREEMENT
WITH
BIO-TOX LABORATORIES, INC.
104
TISSUE PREPARATION
50.00
105
TRIP CHARGE
25.00
106
13 Panel Drug Screen-Antimortem
105.00
*Capitation fees only include drugs tested by Bio-Tox and are inclusive of the coroner panel or
comprehensive panel drugs (i.e. bath salts and GHB are not included). Does not include tissue prep
fees, chain of custody samples, or tests done after initial receipt.
Notes: Drugs listed are subject to review and change as deemed necessary by laboratory
management. Testimony fees will be billed to the District Attorney directly, not to Riverside County
Sheriff's Department.
RFQ# SHARC-364
BOS agenda 3.48 APPROVED ON 7/31/2018
Form #116-311 Revision Date: 01/13/2016
County of Riverside Purchasing and Fleet Services
2980 Washington Street Riverside, CA 92504
Telephone: (951) 955-4937
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: July 25, 2023
SUBJECT: Approve Agreement with Ultra Shine, Inc., for Janitorial Services for City Facilities
for Fiscal Year 2023-24
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council:
1. Approve an Agreement with Ultra Shine, Inc., in the amount of $353,427, to provide
Janitorial Services for City Facilities for Fiscal Year 2023-24; and
2. Approve contingency for extra work in the amount of $35,343, which is approximately
10% of the Agreement amount.
BACKGROUND: On April 27, 2023, the Department of Public Works posted a
Request for Proposals (RFP) No. 274 on the City's online bidding service, PlanetBids, for
Janitorial Services for City Facilities. The Public Works Department received twenty-two (22)
electronic proposals.
Selected panel members reviewed each proponent's submittals and collectively determined that
Ultra Shine, Inc. is the most qualified and competitively priced vendor to provide janitorial
maintenance services. Staff is recommending the approval of an agreement for janitorial
maintenance services through FY 2023-2024. The agreement also includes a provision for a CPI
adjustment each fiscal year, and upon mutual agreement between the City and Contractor, an
allowance to extend the contract for four (4) additional one (1) year terms, and in no event shall
the contract be extended beyond June 30, 2027.
FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget
(AOB) for Fiscal Year 2023-2024.
ATTACHMENTS: Agreement
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND ULTRA SHINE, INC.
JANITORIAL SERVICES FOR CITY FACILITIES
THIS AGREEMENT is made and effective as of July 25, 2023, between the City of Temecula,
a municipal corporation (hereinafter referred to as "City"), and Ultra Shine, Inc., a Corporation
hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions
set forth herein, the parties agree as follows:
TERM
This Agreement shall commence on July 25, 2023, and shall remain and continue in effect
until tasks described herein are completed, but in no event later than June 30, 2024, unless
sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one (1)
year term(s). In no event shall the contract be extended beyond June 30, 2028.
If Agreement is extended beyond the original term, the Agreement price shall be adjusted
at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index
(CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical
Area using the most recently published month annual percentage change.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the Work
shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment
rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and
Schedule, attached hereto and incorporated herein by this reference as though set forth in full,
based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment
rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred
Fifty -Three Thousand, Four Hundred Twenty -Seven Dollars and No Cents ($353,427.00) for
the total term of this agreement unless additional payment is approved as provided in this
Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the City Manager.
Contractor shall be compensated for any additional services in the amounts and in the manner
as agreed to by City Manager and Contractor at the time City's written authorization is given to
Contractor for the performance of said services.
04/27/2023
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of receipt
of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall
give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed
fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor
shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as
approved by the Director of Finance.
4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of
members of their profession. Contractor shall employ all generally accepted standards and
practices utilized by persons engaged in providing similar services as are required of Contractor
hereunder in meeting its obligations under this Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed
and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Agreement. The
acceptance by Contractor of the final payment shall constitute a waiver of all claims against City
under or arising out of this Agreement, except those previously made in writing and request for
payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement
with each claim for payment.
7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease
all work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City
shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by written
notice to the Contractor. If such failure by the Contractor to make progress in the performance of
04/27/2023
work hereunder arises out of causes beyond the Contractor's control, and without fault or
negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Contractor with written notice of the default. The Contractor shall have ten (10) days after service
upon it of said notice in which to cure the default by rendering a satisfactory performance. In the
event that the Contractor fails to cure its default within such period of time, the City shall have the
right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice to any other remedy to which it may be entitled at law, in
equity or under this Agreement.
9. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community
Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its
officers, agents, employees or volunteers may sustain or incur or which may be imposed upon
them for injury to or death of persons, or damage to property arising out of Contractor's negligent
or wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the negligence of the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency.
10. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
04/27/2023
2) Automobile Liability: One Million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District,
the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees and volunteers are to be covered as insured's, as respects: liability arising out of
activities performed by or on behalf of the Contractor; products and completed operations of the
Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased,
hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Temecula, the Temecula Community Services District,
and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials,
employees or volunteers.
2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the City of Temecula, the Temecula Community
Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees and volunteers. Any insurance or self -insured maintained by the City of
Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula
Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City of
Temecula, the Temecula Community Services District, the Successor Agency to the Temecula
Redevelopment Agency, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be endorsed
to state: should the policy be canceled before the expiration date the issuing insurer will endeavor
to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self-insurance
shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the City
before work commences. As an alternative to the City 's forms, the Contractor's insurer may
04/27/2023
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self-
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
11. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
12. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, agents, or volunteers shall have control over the conduct of
Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation or liability whatever against City, or
bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Contractor for injury or sickness arising out of performing services hereunder.
13. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply
with this section.
14. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of
difficulties that may be encountered in the execution of the work under this Agreement, as a result
of failure to make the necessary independent examinations and investigations, and no plea of
reliance on initial investigations or reports prepared by City for purposes of letting this Agreement
out to proposal will be accepted as an excuse for any failure or omission on the part of the
Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
04/27/2023
15. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file an
affidavit with the City Manager stating that all workmen and persons employed, all firms supplying
materials, and all subcontractors on the Work have been paid in full, and that there are no claims
outstanding against the project for either labor or materials, except certain items, if any, to be set
forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
16. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project,
during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents
to the City that no officer or employee of the City of Temecula that has participated in the
development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify
the City in the event any such interest is discovered whether or not such interest is prohibited by
law or this Agreement.
17. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
18. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
19. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
20. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
21. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement
must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage
prepaid, return receipt requested, addressed to the address of the party as set forth below or at
04/27/2023
any other address as that party may later designate by Notice. Notice shall be effective upon
delivery to the addresses specified below or on the third business day following deposit with the
document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: [Insert - Company Name]
[Insert — Attn: Name of Contact Person]
[Insert - Address of Company]
22. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of this
Agreement, Contractor's sole compensation shall be payment for actual services performed up
to, and including, the date of termination or as may be otherwise agreed to in writing between the
City Council and the Contractor.
23. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect,
all licenses required of it by law for the performance of the services described in this Agreement.
24. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall
govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern
the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in
the municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the Court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
25. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous agreements,
understandings, representations and statements, oral or written, are merged into this Agreement
and shall be of no further force or effect. Each party is entering into this Agreement based solely
upon the representations set forth herein and upon each party's own independent investigation
of any and all facts such party deems material.
26. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder. The City
Manager is authorized to enter into an amendment on behalf of the City to make the following
04/27/2023
non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c)
non -monetary changes in scope of work; (d) agreement termination.
27. CONTRACTOR SECURITY ACCESS
a. Contractor's and all its employees or subcontractors or other persons who perform
work or services at a City facility unescorted by City employees, shall be required to
complete a security background check. The Temecula Police Department will conduct
"Live Scan" fingerprint checks on a Contractor and all their employees, subcontractors,
or other persons that will access City facilities.
b. "Live Scan" is a system that completes a criminal history inquiry by checking Local,
State, and National databases. The Contractor shall be responsible for scheduling
their employees to complete the "Live Scan" process with the Temecula Police
Department and paying the cost of each "Live Scan" at the current rate. The Temecula
Police Department will be provided with what is known as a "background check" which
includes a list of any arrests and convictions for those individuals which a "Live Scan"
has been conducted. From that date forward the Temecula Police Department will be
notified of any subsequent arrest and conviction. To make it a police will forward this
confidential information to authorize City management.
c. Any individual with a felony conviction or a felony or misdemeanor arrest that is
pending in a criminal court (i.e., has not been adjudicated) shall not be granted access
to City facilities. A conviction within the meaning of the section means a plea or verdict
of guilty or a conviction following a plea of nolo contendere. Other arrest history shall
be evaluated on a case by case basis to determine the level of risk to the City. Security
privileges associated with the access to the City facilities is dependent upon which
area(s) of the building(s) Contractor requires access relative to the type of work or
service being performed and the nature of the acts giving rise to the conviction. The
City manager, or his designee, have full discretion in determining security access to
City facilities.
d. Contractor shall complete this procedure within 30 days of the date of execution of this
Agreement, or prior to any employee or subcontractor of Contractor performing work
or services at a City facility, whichever occurs first. City Manager or his or her designee
shall designate the employees. Subcontractors or other persons working the sensitive
areas of the City facilities and shall prioritize their Live Scan process.
e. Once an employee or subcontractor of the Contractor is approved, a City Access
Key Card will be issued by Information Technology and this card will allow
unescorted access. Contractor will be contacted by the appropriate department of
when to pick up the City Access Key Cards. Access to City facilities will be
coordinated by the appropriate City Department.
f. Contractor shall comply with the following standards:
1) Contractor shall assign a primary employee(s), such as a supervisor,
to ensure completion of job tasks and accountability of employees at
City facilities whenever possible.
04/27/2023
2) Contractor and their employees and subcontractors shall wear
business identifying uniform and the assigned City Access Key Card
whenever on City premises.
3) City issued Access Key Card(s) shall not be used as a form of
identification by Contractor or its employees and subcontractors for
any purpose other than access into City facilities.
4) Contractor shall monitor the City Access Key Card(s) issued to their
employee(s) and subcontractors and only allow only those employees
and subcontractors that have been Live Scanned and approved by
the City to have security access to wear a City Access Key Card.
5) Contractor shall notify the Director of Public Works within four (4)
hours after its employee or subcontractor has severed employment.
Contractor shall use its best efforts to retrieve the City Access Key
Card from that employee's or subcontractor's possession as soon as
possible following separation and return it to the City within one
business day of retrieval.
6) No new employees or subcontractors of Contractor shall perform work
at any City facility until a "Live Scan" and background check has been
completed by the Temecula Police Department and approval to
proceed has been provided by authorize City management.
7) Contractor and its employees and subcontractors shall follow the
directions provided by City staff while on City premises.
8) Employees and subcontractors of Contractor shall be instructed to
access only the areas necessary for the service provided, and to
leave City premises immediately upon completion of duties.
9) City issued Access Key Card(s) are the property of the City of
Temecula and must be immediately surrendered upon request by City
of Temecula staff.
10) Contractor shall reassign any employee or subcontractor that
becomes involved in any criminal activity and retrieve the City Access
Key Card upon notification of criminal activity by the City of Temecula
or any law -enforcement or government agency.
04/27/2023
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
ULTRA SHINE, INC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
v
By:
Felipe Idea, President
By:
Tom Tran, Vice President
CONTRACTOR
Ultra Shine, Inc.
Attn: Leticia Levario
601 S. Milliken Ave, Suite J
Ontario, CA 91761
(951) 582-0003
leticia.levario(&ultrashine.com
City Purchasing Mgr.
Initials and Date:
04/27/2023
EXHIBIT "A"
SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City of Temecula and the Contractor, for Janitorial
Maintenance Services at the various locations upon real and personal property of the City. Work
will include maintenance services, and emergency call -out. The procedure for assigning work is
set forth as follows:
1. The City Manager or his designee shall submit to Contractor a written "Request for
Work". The Request for Work shall include a description of the work to be completed, the time
for completion of the work, and the plans and specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise the City Manager whether it can perform
the work and specify the cost of material which will be required and the estimated cost of labor
and equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the City Manager may transmit the
Request for Work orally to the Contractor. As soon as practical following the emergency, the
Contractor and Director shall in good faith confirm in writing the scope of the emergency work
undertaken.
4. Upon acceptance of the Contractor's response by the City Manager, the Contractor
shall proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
04/27/2023
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
PRICE
TOTAL
TOTAL
SQ.
PER
PRICE
PRICE
DAYS OF
FACILITY LOCATION
ADDRESS
FT.
MONTH
PER
PER
SERVICE
PER SQ.
MONTH
YEAR
S
Facility Operations
43230 Business
11,400
0.135
$1.540.83
$18,499.96
5 Days per
Center
Park Dr-
Week
Harveston Community
28582 Harveston
1
$719.83
$8,637.96
7 Days per
Roam f Otf ce
Rd.
,342
0.526
Week
HELP Center
Street Pujol
1,800
1 .544
$978.57
$11,742.94
Weeks per
Jefferson Recreation
41375 McCabe
1,988
$719.82
$8,637,84
7 Days per
Center
St_
0.362
Week
Margaritaation
29119 Margadta
8,069
$1,367.68
$16,�112.16
Days per
er
Center
.1f39
Week
Mary Phillips Senior
41845 Sixth St_
6,148
$827.80
$9,933.6b
7 Days per
Center
0.1_35
Week
Parking Garage I Police
41000 Main St.
2,200
$881.21
$10,574.52
7 Days per
Ottice
0.401
Week
Temecula Community
28816 Pujaf St_
5 900
$1,054.20
$12.650.40
7 Days per
Center
0.179
Week
Temecula Valley
Entrepreneur's
43200 Business
29,000,121
$1,7�€8.16
$20,977.92
5 Day-, per
y P
Exchan a
Park Dr.
Week
Temecula Valley
28314 Mercedes
7,200.190
$1,368.26
1 1
7 Days per
Museum
St_
Week
Civic Center
41000 Main St_
96,795
0.084
$8,140,40
5 Days per
Week
Community Recreation
30875 Rancho
24,680
�.135
3,�22.$3
7 Days per
Center
Vista Rd_
Week
Temecula Public Library
30620 Pauba Rd_
34,00
0.090
$3,065.08
7 Days per
Week
Old Town Temecula
42a51 Main S#.
2�,�72
0.139
$3,717.58
7 Days per
Community Theater
Week
04/27/2023
ADDITIONAL SERVICE ITEMS:
DESCRIPTION
SCOPE OF WORK
HOURLY RATE
Per Man
Per Man
Per Man Holiday
Regular Hour
Overtire
Additional general
Cleaning office areas,
Janitorial Services
kitchens offices, recreation
buildings, restroams,
S23.5.1
35.25
$35.25
requested City
hallways, multipurpose
Representative
rooms, etc.
SCOPE OF WORK PRICE PER SQ.FT.
Extract Carpets with trick mounted carpet extractor SO.25
04/27/2023
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: July 25, 2023
SUBJECT: Award Construction Contract to Select Electric, Inc., for Traffic Signal - System
Upgrade (Protected/Permissive Signal Heads), PW 19-09
PREPARED BY: Nick Minicilli, Senior Civil Engineer
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council:
1. Award a construction contract to Select Electric, Inc., in the amount of $497,500
for the Traffic Signal- System Upgrade (Protected/Permissive Signal Heads)
Project, PW19-09; and
2. Authorize the City Manager to approve change orders not to exceed the
contingency amount of $49,750, which is equal to 10% of the contract amount; and
3. Approve a transfer of Measure S Funds from the Traffic Signal Equipment
Enhancement Program -Citywide Project; to the Traffic Signal — System Upgrade
(Protected/Permissive Signal Heads) Project, PW 19-09, in the amount of $130,000;
and
4. Make a finding that the Traffic Signal - System Upgrade (Protected/Permissive
Signal Heads) Project, PW19-09, is exempt from Multiple Species Habitat
Conservation Plan fees.
BACKGROUND: On August 31, 2018, the City of Temecula submitted a project
application in response to the Call for Projects for the Highway Safety Improvement Program
(HSIP) Cycle 9 funding. On December 12, 2018, grant awards were announced, and the City of
Temecula was awarded HSIP Cycle 9 funding in the amount of $489,510 for the Traffic Signal
System Upgrade (Protected/Permissive Signal Heads) project.
On March 14, 2023, the City Council approved the plans and specifications and authorized the
Department of Public Works to solicit construction bids and made a finding of CEQA exemption
for the Traffic Signal- System Upgrade (Protected/Permissive Signal Heads) project, PW 19-09.
The Traffic Signal- System Upgrade (Protected/Permissive Signal Heads) Project will provide for
protected/permissive traffic signal operations at three signalized intersections. The project will
install new vehicle heads, signal poles, mast arms, relocate existing equipment, and modify
striping, as necessary. The project will modify three signalized intersections which include:
➢ Margarita Road/Verdes Lane
➢ Redhawk Parkway/Paseo Parallon-Overland Trail
➢ Winchester Road/Enterprise Circle
The construction contract was publicly advertised for bids between April 18, 2023, and June 1,
2023. On Thursday, June 1, 2023, five bids were electronically opened and publicly posted on
PlanetBids. The results are as follows:
Rank
Bidder
Amount
1.
Select Electric, Inc.
$497,500.00
2.
International Line Builders, Inc.
$527,769.00
3.
DBX, Inc.
$543,840.00
4.
Elecnor Belco Electric, Inc.
$1,138,888.00
Crosstown Electrical & Data, Inc.
Non -responsive
Crosstown Electrical & Data, Inc. was deemed non -responsive because they did not provide the
contract minimum 5% Disadvantaged Business Enterprise (DBE) goal, nor did they provide a DBE
Good Faith Effort justification.
Staff has reviewed the bid proposals and found that Select Electric, Inc. of Vista, California to be
the lowest responsible bidder for this project. Select Electric, Inc. has public contracting
experience and has completed similar projects for other public agencies in Southern California.
The Engineer's Estimate for the construction contract was $453,780.00. The Specifications allow
for 40 working days for construction, which is approximately two months.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County
Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in
some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western
Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to
abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy
adopted by Resolution 07-04 however, due to exponential increases in certain commodities,
including specialty vehicles, to facilitate the purchase of the new vehicles the department hereby
requests the appropriation of additional vehicles and equipment funds in the amount of $76,000
on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities
to provide primary policy direction for implementation of the MSHCP.
Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects
contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the
public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical
right-of-way improvements projects are 5% of construction costs. Projects funded by TUMF, or
Measure A are exempt from MSHCP fees as those programs contribute directly to MSHCP. The
Traffic Signal- System Upgrade (Protected/Permissive Signal Heads) Project is exempt from
MSHCP fees because it is a safety project funded primarily with federal Highway Safety
Improvement Program (HSIP) funds. In addition, the work to be performed will be within the
existing public right of way and there is no new disturbed area.
FISCAL IMPACT: The Traffic Signal- System Upgrade (Protected/Permissive Signal
Heads) Project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal
Years 2024-2028. The project is funded with Highway Safety Improvement Program (HSIP) grant
funding and Measure S Funds. Upon the transfer of Measure S funds from the Traffic Signal
Equipment Enhancement Program -Citywide Project adequate funds will be available in the project
account for the total contact amount of $497,500.00, plus the 10% contingency amount of
$49,750.00, for a total encumbrance of $547,250.00.
ATTACHMENTS: 1. Contract
2. Project Description
3. Project Location Map
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
TRAFFIC SIGNAL SYSTEM UPGRADE
PROJECT NO. PW19-09
FEDERAL PROJECT NO. HSIPL-5459(028)
THIS CONTRACT, made and entered into the 25th day of July, 2023, by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "City", and Select Electric, Inc.,
hereinafter referred to as "Contractor."
WITNESSETH:
That City and Contractor, for the consideration hereinafter named, mutually agree as follows:
CONTRACT DOCUMENTS.
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids,
Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans
and Specifications entitled TRAFFIC SIGNAL SYSTEM UPGRADE , PROJECT NO.
PW19-09, FEDERAL PROJECT NO. HSIPL-5459(028), Insurance Forms, this Contract,
and all modifications and amendments thereto, the State of California Department of
Transportation Standard Specifications (latest edition) where specifically referenced in the
Plans and Technical Specifications, and the latest version of the Standard Specifications
for Public Works Construction, including all supplements as written and promulgated by
Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the
General Specifications, Special Provisions, and Technical Specifications for TRAFFIC
SIGNAL SYSTEM UPGRADE , PROJECT NO. PW19-09, FEDERAL PROJECT NO.
HSIPL-5459(028). Copies of these Standard Specifications are available from the
publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provision, and Technical Specifications for TRAFFIC SIGNAL
SYSTEM UPGRADE, PROJECT NO. PW19-09, FEDERAL PROJECT NO. HSIPL-
5459(028).
In case of conflict between the Standard Specifications and the other Contract Documents,
the other Contract Documents shall take precedence over, and be used in lieu of, such
conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the Contractor shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
CONTRACT C-1
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other Contract
Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK.
Contractor shall perform everything required to be performed, shall provide and furnish all
the labor, materials, necessary tools, expendable equipment, and all utility and
transportation services required for TRAFFIC SIGNAL SYSTEM UPGRADE, PROJECT
NO. PW19-09, FEDERAL PROJECT NO. HSIPL-5459(028).
All of said work to be performed and materials to be furnished shall be in strict accordance
with the Drawings and Specifications and the provisions of the Contract Documents
hereinabove enumerated and adopted by City.
3. CITY APPROVAL.
All labor, materials, tools, equipment, and services shall be furnished and work performed
and completed under the direction and supervision, and subject to the approval of City or
its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE.
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work
agreed to be done, the sum of: FOUR HUNDRED NINETY-SEVEN FIVE HUNDRED
DOLLARS and ZERO CENTS ($497,500.00), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed Forty (40) working
days, commencing with delivery of a Notice to Proceed by City. Construction shall not
commence until bonds and insurance are approved by City.
5. CHANGE ORDERS.
All change orders shall be approved by the City Council, except that the City Manager is
hereby authorized by the City Council to make, by written order, changes or additions to
the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS.
a. Lump Sum Bid Schedule. Before submittal of the first payment request, the
Contractor shall submit to the Director of Public Works a schedule of values
allocated to the various portions of the work, prepared in such form and supported
by such data to substantiate its accuracy as the Director of Public Works may
require. This schedule, as approved by the Director of Public Works, shall be used
as the basis for reviewing the Contractor's payment requests.
b. Unit Price Bid Schedule. Pursuant to Section 20104.50 of the Public Contract
Code, within thirty (30) days after submission of a payment request to the City, the
Contractor shall be paid a sum equal to 95% of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30t') day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the Contractor filing a
one-year Warranty and an Affidavit of Final Release with the City on forms
provided by the City.
CONTRACT C-2
C. Payment for Work Performed. Payments shall be made on demands drawn in the
manner required by law, accompanied by a certificate signed by the City Manager,
stating that the work for which payment is demanded has been performed in
accordance with the terms of the Contract, and that the amount stated in the
certificate is due under the terms of the Contract. Partial payments on the Contract
price shall not be considered as an acceptance of any part of the work.
Cl. Payment of Interest. Interest shall be paid on all undisputed payment requests not
paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50.
Public Contract Code Section 7107 is hereby incorporated by reference.
7. LIQUIDATED DAMAGES / EXTENSION OF TIME.
a. Liquidated Damages. In accordance with Government Code Section 53069.85,
Contractor agrees to forfeit and pay to City the sum of one thousand dollars
($1,000) per day for each calendar day completion is delayed beyond the time
allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted
from any payments due to or to become due to Contractor.
b. Extension of Time. Contractor will be granted an extension of time and will not be
assessed liquidated damages for unforeseeable delays beyond the control of, and
without the fault or negligence of the Contractor, including delays caused by City.
Within ten (10) calendar days of the occurrence of such delay, Contractor shall
give written notice to City. Within thirty (30) calendar days of the occurrence of the
delay, Contractor shall provide written documentation sufficient to support its delay
claim to City. Contractor's failure to provide such notice and documentation shall
constitute Contractor's waiver, discharge, and release of such delay claims against
City.
8. WAIVER OF CLAIMS.
On or before making each request for payment under Paragraph 6 above, Contractor shall
submit to City, in writing, all claims for compensation as to work related to the payment.
Unless the Contractor has disputed the amount of the payment, the acceptance by
Contractor of each payment shall constitute a release of all claims against the City related
to the payment. Contractor shall be required to execute an affidavit, release, and
indemnity agreement with each claim for payment.
9. PREVAILING WAGES.
Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a),
1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City,
as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in violation
of the provisions of the Contract. This project, work, or service will be subject to
compliance monitoring and enforcement by the Department of Industrial Relations (DIR)
pursuant to Labor Code Section 1771.4.
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the
general rate for holiday and overtime work in this locality for each craft, classification, or
type of workman needed to execute this Contract from the Director of the Department of
CONTRACT C-3
Industrial Relations. Copies may be obtained from the California Department of Industrial
Relations Internet website at: httc://www.dir.ca.gov
The Federal wage rates for this project as predetermined by the United States Secretary
of Labor are included in Exhibit "B" of the project specifications. Future effective general
prevailing wage rates which have been predetermined are on file with the California
Department of Industrial Relations and are referenced but not printed in the general
prevailing wage rates.
Contractor shall post a copy of such wage rates at the job site and if there is a difference
between the wage rates predetermined by the Secretary of Labor and the general
prevailing wage rates determined by the Director of the California Department of Industrial
Relations for similar classifications of labor, Contractor shall pay not less than the higher
wage rate.
10. TIME OF THE ESSENCE.
Time is of the essence in this contract.
11. INDEMNIFICATION.
All work covered by this Contract done at the site of construction or in preparing or
delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees
to save, indemnify, hold harmless and defend City of Temecula, Temecula Community
Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its
officers, employees, and agents, against any and all liability, injuries, or death of persons
(Contractor's employees included) and damage to property, arising directly or indirectly
out of the obligations herein undertaken or out of the operations conducted by Contractor,
save and except claims or litigations arising through the sole active negligence or sole
willful misconduct of the City.
The Contractor shall indemnify and be responsible for reimbursing the City for any and all
costs incurred by the City as a result of Stop Notices filed against the project. The City
shall deduct such costs from Progress Payments or final payments due to the Contractor.
12. GRATUITIES.
Contractor warrants that neither it nor any of its employees, agents, or representatives
has offered or given any gratuities or promises to City's employees, agents, or
representatives with a view toward securing this Contract or securing favorable treatment
with respect thereto.
13. CONFLICT OF INTEREST.
Contractor warrants that none of its partners, members, or shareholders are related by
blood or marriage to any employee of the City who has participated in the development of
the specifications or approval of this project or who will administer this project, nor are they
in any way financially associated with any City officer or employee, or any architect,
engineer, or other preparers of the Drawings and Specifications for this project. Contractor
further warrants that no person in its employ nor any person with an ownership interest in
the Contractor has been employed by the City within one year of the date of the Notice
Inviting Bids.
CONTRACT C 4
14. CONTRACTOR'S AFFIDAVIT.
After the completion of the work contemplated by this Contract, Contractor shall file with
the City Manager, its affidavit stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors upon the Project have been paid in full, and
that there are no claims outstanding against the Project for either labor or materials, except
certain items, if any, to be set forth in an affidavit covering disputed claims or items in
connection with a Stop Notice which has been filed under the provisions of the laws of the
State of California.
15. NOTICE TO CITY OF LABOR DISPUTES.
Whenever the Contractor has knowledge that any actual or potential labor dispute is
delaying or threatens to delay the timely performance of the Contract, Contractor shall
immediately give notice thereof, including all relevant information with respect thereto, to
City.
16. BOOKS AND RECORDS.
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Contract, shall at all reasonable times be subject to inspection and
audit by any authorized representative of the City.
17. INSPECTION.
The work shall be subject to inspection and testing by City and its authorized
representatives during manufacture and construction and all other times and places,
including without limitation, the plants of Contractor and any of its suppliers. Contractor
shall provide all reasonable facilities and assistance for the safety and convenience of
inspectors. All inspections and tests shall be performed in such manner as to not unduly
delay the work. The work shall be subject to final inspection and acceptance
notwithstanding any payments or other prior inspections. Such final inspection shall be
made within a reasonable time after completion of the work.
18. DISCRIMINATION.
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age,
or handicap.
19. CONTRACT ASSURANCE.
The Contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The Contractor shall cant' out applicable
requirements of 49 CFR, Part 26 in the award and administration of DOT -assisted
contracts. Failure by the Contractor to cant' out these requirements is a material breach
of contract, which may result in the termination of this contract or such remedy, as recipient
deems appropriate.
20. GOVERNING LAW.
The City and Contractor understand and agree that the laws of the State of California shall
govern the rights, obligations, duties, and liabilities of the parties to this Contract and also
govern the interpretation of this Contract.
CONTRACT C-5
21. PROHIBITED INTEREST.
No member, officer, or employee of the City of Temecula or of a local public body shall
have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her
tenure or for one year thereafter.
Furthermore, the Contractor covenants and agrees to their knowledge that no board
member, officer, or employee of the City of Temecula has any interest, whether
contractual, non -contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such interest
would not be considered a conflict of interest under Article 4 (commencing with Section
1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
22. ADA REQUIREMENTS.
By signing this Contract, Contractor certifies that the Contractor is in total compliance with
the Americans with Disabilities Act of 1990, Public Law 101-336, as amended.
23. WRITTEN NOTICE.
Any written notice required to be given in any part of the Contract Documents shall be
performed by depositing the same in the U.S. Mail, postage prepaid, directed to the
address of the Contractor as set forth in the Contract Documents, and to the City
addressed as follows:
Mailing and Delivery Address: Patrick A. Thomas, PE
Director of Public Works/ City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
24. INSURANCE.
The Contractor shall procure and maintain, for the duration of the Contract, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work by the Contractor, its agents, representatives,
employees or subcontractors.
Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability Form No. CG 00
01 11 85 or 88.
2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92
covering Automobile Liability, code 1 (any auto). If the Contractor owns no
automobiles, a non -owned auto endorsement to the General Liability policy
described above is acceptable.
3. Worker's' Compensation insurance as required by the State of California
and Employer's Liability Insurance. If the Contractor has no employees
while performing under this Contract, worker's compensation insurance is
not required, but Contractor shall execute a declaration that it has no
employees.
CONTRACT C-6
Minimum Limits of Insurance: The Contractor shall maintain limits no less than:
1. General Liability: Two Million Dollars $2,000,000 per occurrence for bodily
injury, personal injury, and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily
injury and property damage.
3. Worker's Compensation as required by the State of California; Employer's
Liability: One Million Dollars $1,000,000 per accident for bodily injury or
disease.
Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions
shall not exceed Twenty -Five Thousand Dollars $25,000.
Other Insurance Provisions: The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1. The City of Temecula, Temecula Community Services District, Successor Agency
to the Temecula Redevelopment Agency, their officers, officials, employees, and
volunteers are to be covered as insureds as respects to liability arising out of
activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage
shall contain no special limitations on the scope of protection afforded to the City
of Temecula, Temecula Community Services District, Successor Agency to the
Temecula Redevelopment Agency, their officers, officials, employees, agents or
volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City of Temecula, Temecula Community
Services District, Successor Agency to the Temecula Redevelopment Agency,
their officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the City of Temecula, Temecula Community Services
District, Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees, agents and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City of Temecula,
Temecula Community Services District, Successor Agency to the Temecula
Redevelopment Agency, their officers, officials, employees, agents and
volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this Contract shallbe be endorsed to state in
substantial conformance to the following: If the policy will be cancelled before the
expiration date the insurer will notify in writing to the City of such cancellation not
less than 30 days prior to the cancellation effective date.
CONTRACT C-7
6. If insurance coverage is cancelled or reduced in coverage or in limits, the
Contractor shall within two business days of notice from the insurer, phone, fax,
and/or notify the City via certified mail, return receipt requested of the changes to
or cancellation of the policy.
Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's
rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self-
insurance shall not be considered to comply with these insurance requirements.
Verification of Coverage: Contractor shall furnish the City with original endorsements
effecting coverage required by this clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. The endorsements are
to be on forms provided by the City. All endorsements are to be received and approved
by the City before work commences. As an alternative to the City's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
Subcontractors: Contractor shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
25. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource
Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as
they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
26. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or
enter into a contract to procure or obtain equipment, services, or systems that use covered
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system. As described in Public Law 115-
232, section 889, covered telecommunications equipment is telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation, or any
subsidiary or affiliate of such entities. Covered equipment also includes video surveillance
and telecommunications equipment or services provided by Hytera Communications
Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology
Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of
Defense, in consultation with the Director of the National Intelligence or the Director of the
Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled
by, or otherwise connected to, the government of a covered foreign country.
27. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances,
codes and regulations in force at the time the Contractor performs pursuant to the
Contract Documents, and shall comply with all grant or funding terms and conditions
applicable to the Contract and/or the work.
28. CLAIM DISPUTE RESOLUTION.
In the event of any dispute or controversy with the City over any matter whatsoever, the
Contractor shall not cause any delay or cessation in or of work, but shall proceed with the
CONTRACT C-8
performance of the work in dispute. The Contractor shall retain any and all rights provided
that pertain to the resolution of disputes and protests between the parties. The disputed
work will be categorized as an "unresolved dispute" and payment, if any, shall be as later
determined by mutual agreement or a court of law. The Contractor shall keep accurate,
detailed records of all disputed work, claims and other disputed matters.
All claims arising out of or related to the Contract or this project, and the consideration and
payment of such claims, are subject to the Government Claims Act (Government Code
Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public
Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5),
where applicable. This Contract hereby incorporates those provisions as though fully set
forth herein. Thus, the Contractor or any Subcontractor must present a claim in
accordance with the Government Claims Act as a prerequisite to prosecuting any claim
against the City. The filing or prosecution of a claim in compliance with Section 9204
and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a
claim under the Government Claims Act, or in any toll the expiration of any limitations
period for the timely presentation of a claim under the Government Claims Act.
CONTRACT C-9
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED: _ a d�� CONTRACTOR:
Select Electric Inc.
2790 Business Park Drive
Vista, CA 92081
(619) 460-6060
estimating@selectelectricinc.com
By:
Allen McLane 1 CEO
Print or type NAME
President
Print or type TITLE*
By:
Mario Tat:anes
Print or type NAME
Secretary
Print or type TITLE*
(*Signatures of two corporate officers reguired for Corporations)
CITY OF TEMECULA
DATED: __- _ _ By: --- - -
Zak Schwank, Mayor
ATTEST:
Randi .lohl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
CONTRACT C-10
ANk
Tf,F �•-.�r. r�' S:,u�I,Frn i.:: f::rni�
City of Temecula
Fiscal Years 2023-27
Capital Improvement Program
TRAFFIC SIGNAL - SYSTEM UPGRADE (Protected/Permissive Signal Heads)
Circulation Project
Project Description: This project will install protected/permissive traffic
signal heads, on new signal poles and signal mast arms, relocate existing
equipment and modify existing striping and raised medians at the following
five (5) intersections: Margarita Road at Verdes Lane, Ynez Road at Town
Center North and Town Center South, Redhawk Parkway at Paseo
Parallon/Overland Trail, and Winchester Road at Enterprise Circle.
Benefit: This project improves traffic safety and circulation throughout the
City.
Core Value: Transportation Mobility and Connectivity
Project Status: Project is estimated to be complete by Fiscal Year2022-23.
Department: Public Works - Account No. 210.265.999.610 / PW19-09
Level: I
Project Cost:
Prior Years
Actuals
2022-23
2021-22 Adopted 2023-24 2024-25 2025-26 2026-27
Adjusted Budget Projected Projected Projected Projected
Total Project
Cost
Administration
5,000
5,000
Construction
481,900
481,900
Construction Engineering
7,000
7,000
Design & Environmental
71,608
16,393
88,000
Total Expenditures
71,608
510,293 -
581,900
Source of Funds:
HSIP-Highway Safety
489,510
489,510
Improvement Program
Measure S
92,390
92,390
Total Funding
92,390
489,510 - -
581,900
Future Operating & Maintenance Costs:
Total Operating Costs
109
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LEGEND
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S17 SIGNALIZED PROJECT LOCATION
CITY BOUNDARY
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SCALE: 1"=5000'
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PROJECT
LOCATION
ATTACHMENT
2
Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: July 25, 2023
SUBJECT: Adopt Resolution Approving a Purchase and Sale Agreement for the Purchase of
Certain Real Property Interests on Real Property Located at 31249 Indian Summer
Road in the City of Temecula (APN 957-090-022) in Connection with the
Construction of Off -Site Improvements for the Proposed Extension of Nicolas
Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
PREPARED BY: Ron Moreno, Assistant Director of Public Works
Anissa Sharp, Management Assistant
Paula Gutierrez Baeza, City Attorney's Office
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN LAM NGO & HUYEN LAM TRAN AND THE CITY
OF TEMECULA IN CONNECTION WITH THE CALLE
GIRASOL/NICOLAS ROAD CONNECTION STREET AND
DRAINAGE IMPROVEMENTS (PORTIONS OF APN 957-090-
022) AND MAKING FINDINGS THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO
SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT GUIDELINES AND SECTION 21166 OF THE
PUBLIC RESOURCES CODE
BACKGROUND:
Acquisition of Certain Subject Property Interests on APN 957-090-022
The City Council has before it a proposed Resolution approving that certain Purchase and Sale
Agreement and Joint Escrow Instructions Between Lam Ngo & Huyen Lam Tran and the City of
Temecula in Connection with the Calle Girasol/Nicolas Road Connection Street and Drainage
Improvements (Portions of APN 957-090-022) ("Purchase and Sale Agreement"). The Purchase
and Sale Agreement sets for the terms for the City's acquisition from Lam Ngo and Huyen Lam
Tran ("Owners") of the following real property interests (referred to below collectively as the
"Subject Property Interests") on the real property located at 31249 Indian Summer Road,
Temecula, California, and identified as APN 957-090-022 ("Property"):
(i) An approximate 51,003 square foot permanent easement for conservation purposes,
and all uses necessary and convenient thereto in connection with the Project dedicated by
Owners in favor of the City and for the benefit of Fallbrook Land Conservancy, a California
non-profit corporation pursuant to that certain Irrevocable Offer of Dedication of
Conservation Easement Pursuant to Government Code Section 7050 ("Irrevocable Offer
of Conservation Easement"). The approximate 51,003 square foot permanent conservation
easement area is described more particularly on EXHIBIT B and depicted on EXHIBIT C
to the form of Irrevocable Offer of Conservation Easement attached as EXHIBIT 1 to the
Purchase and Sale Agreement and incorporated herein by this reference ("Conservation
Easement").
(ii) An approximate 83,324 square foot Temporary Construction Easement with a term
of twelve months and covenant that would authorize the City to construct certain permanent
drainage improvements within portions of the approximate 83,324 square foot area. The
approximate 83,324 square foot TCE is described more particularly on EXHIBIT A and
depicted on EXHIBIT B to the form of the Grant of the Temporary Construction Easement
and Covenant attached as EXHIBIT 2 to the Purchase and Sale Agreement and
incorporated herein by this reference ("TCE Agreement and Covenant"). The approximate
83,324 square foot area described in EXHIBIT A and depicted on EXHIBIT B to EXHIBIT
2 is referred to below as the "TCE Area".
The City seeks to acquire the Subject Property Interests for public use, namely for conservation
purposes and for the construction of certain public off -site improvements, consisting of public
street, drainage, and related improvements, and all uses necessary or convenient thereto in
connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road connection ("Project"). The Irrevocable Offer of Dedication dedicates to
the City pursuant to Government Code Section 7050 that certain 51,003 square foot conservation
easement described in the Irrevocable Offer. The City seeks to acquire the Conservation Easement
for the benefit of Fallbrook Lands Conservancy. The authorization to use the approximate 83,324
square foot TCE Area will facilitate the construction of the public street, drainage, and related
improvements in connection with the Project. The grant of the rights to use the 83,324 square foot
TCE Area will also authorize the City to construct certain permanent rip -rap and related drainage
improvements in portions of said 83,324 square foot TCE Area to protect the street improvements
from erosion and to minimize flooding. These permanent rip -rap and related drainage
improvements will also help minimize flooding in the remainder portions of the Property.
Sommers Bend Development and Construction of Off -Site Improvements in
Connection with the Extension of Nicolas Road from Butterfield Stage Road to
the Calle GirasobNicolas Road Connection
The Subject Property Interests are required for the construction of the the off -site public street and
drainage improvements and for conservation purposes, and all uses necessary or convenient thereto
in connection with the extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection.
The City originally approved the Development Agreement between the City of Temecula and
Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to
Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as
Document No. 2003-018567 in the Official Records of the County of Riverside. The Development
Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement
Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on
March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2)
the Second Amendment to the Development Agreement Between the City of Temecula and Ashby
USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside
County as Document No. 2013-0324057, and (3) the Third Amendment to the Development
Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of
Riverside County as Document No. 2016-0156276.
To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the
Development Agreement was approved subject to certain conditions set forth on Exhibit D (New
Attachment 5-A to Development Agreement) to said Third Amendment. Specifically, Condition
3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain
public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Connection:
Description of Public Improvement. Complete engineering design and construct full
Nicolas Road improvements from Butterfield Stage Road to the Calle Girasol/Nicolas
Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to provide for all
required engineering design, construction plans, CEQA analysis & processing,
environmental mitigation measures, right-of-way acquisition, and to obtain all necessary
Resource Agency and Riverside County Flood Control and Water Conservation District
permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection were not obtained with the Resource
Agency permits for Roripaugh Ranch Phase II. Due to Resource Agency regulations, the
offsite portion of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas
Road Connection should be combined with the permits for the Santa Gertrudis Creek
Channel improvements downstream of the existing culverts at Butterfield Stage Road and
processed and obtained as a single package.
Environmental Review
The environmental effects of the Project and the acquisition of the real property interests needed
for the Project were studied and analyzed as an integral part of the Environmental Impact Report
for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality
Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal.
Code Regs. Section 15000 et seq. ("CEQA Guidelines").
On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding
Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the
Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).
Said environmental documents are incorporated herein by this reference.
Since the adoption of the EIR, five EIR Addendums have been prepared for the Development
Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.
On July 11, 2023, City Staff reviewed the environmental documentation prepared in connection
with the Development Project in connection with Staff s review of the proposed acquisition of the
Subject Property Interests for the Project. City Staff reviewed the EIR, the First Addendum to the
EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the
Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR
adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and
determined that the Project and acquisition of the Subject Property Interests needed for the Project
are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of
the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that
no substantial changes have occurred in the Development Project, no substantial changes have
occurred in the circumstances under which the Development Project is undertaken, and the City
has obtained no new information of substantial importance that would require further
environmental analysis. These environmental findings are the appropriate findings with respect to
the proposed acquisition of the Subject Property Interests for the Project.
Summary of Project and Salient Terms of Purchase and Sale Agreement
The Project, as planned and designed, is in the public interest and necessity and is needed to
construct the public street, drainage, access, public utility and related improvements in connection
with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection. The Subject Property Interests are required for conservation
easement purposes, to facilitate the construction of the Project, and for the construction of
permanent rip -rap and related drainage improvements in portions of the approximate 83,324 square
foot TCE Area. The Project, as planned and located, is consistent with the circulation and street
system in the Roadway Plan depicted in the City of Temecula General Plan.
The Project, as planned and designed, seeks to minimize the impact on private parcels. The Subject
Property Interests are located in portions of the Property within the Long Valley Wash, a natural
flood control channel that experiences flooding during rain events. The authorization to use the
83,324 square foot TCE Area will help facilitate the construction of the Project and authorize the
construction of permanent rip -rap and related drainage improvements in portions of the said 83,324
square foot TCE Area to protect the street and drainage improvements from flooding. The
permanent rip -rap and related drainage improvements will also help minimize flooding on the
remainder portions of the Property.
The Purchase and Sale Agreement provides that the City will pay to owners the total purchase
price of $170,500.00 (One Hundred Seventy Thousand Five Hundred Dollars) for the Subject
Property Interests. Under the Purchase and Sale Agreement, the $170,500.00 Purchase Price is an
all-inclusive settlement and is the full and complete consideration and payment of just
compensation for the fair market value of and rights to the Conservation Easement described in
the Irrevocable Offer of Dedication of Conservation Easement and rights to use the 83,324 square
foot TCE Area to facilitate the construction of the Project under the terms of the Temporary
Construction Easement Agreement and Covenant attached to the Purchase and Sale Agreement,
including the authorization to install the permanent improvements consisting of rip -rap slope -
erosion protection improvements in the location of the 83,324 square foot TCE Area shown on
EXHIBIT C to EXHIBIT 2 to the Purchase and Sale Agreement, severance damages, inverse
condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents,
lost profits, any future maintenance costs of Owners relating to maintaining the rip -rap and related
drainage and slope -erosion improvements, any obligations of Owners under the Conservation
Easement, any other damages of every kind and nature suffered by Owners by reason of City's
acquisition of the Subject Property Interests, the Project for which City is acquiring the Subject
Property Interests, and all costs and expenses whatever in connection therewith.
The City will initially consent to the recordation of the Irrevocable Offer of Dedication for the
conservation easement. After the construction of the Project is completed and the area of the
conservation easement is planted with the native plants and the mitigation requirements are
complete, the City will accept the dedication of the conservation easement. After the City accepts
the dedication of the conservation easement, the City plans to transfer its interest in the
conservation easement to the Fallbrook Lands Conservancy. Pursuant to the Irrevocable Offer of
Dedication, the Owners acknowledge and agree that the dedication of the conservation easement
is for the benefit of Fallbrook Lands Conservancy or similar entity authorized to manage and retain
conservation easements. Final exhibits to the conservation easement will be included at the time
of acceptance.
City Staff recommends that the City Council approve the Resolution approving the Purchase and
Sale Agreement for the acquisition of the Subject Property Interests.
FISCAL IMPACT: The City will deposit with Escrow the $170,500.00 Purchase Price
for the benefit of the Owners together with escrow costs, which are not expected to exceed
$10,000.00. Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a
California Corporation are responsible for the acquisition costs relating to the Subject Property
Interests pursuant to that Certain Agreement Pursuant to Government Code Section 66462.5
Between Woodside 055, LP and Wingsweep Corporation, on the one hand, and City of Temecula,
on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) entered into as of
April 12, 2022.
ATTACHMENTS: Resolution Approving Purchase and Sale Agreement
1. Purchase & Sale Agreement for the acquisition of the Subject Property
Interests and Exhibits to the Purchase and Sale Agreement
• EXHIBIT 1 — Form of Irrevocable Offer of Dedication of
Easement and Exhibits, including legal description and
depiction of approximate 51,003 square foot Conservation
Easement Area
• EXHIBIT 2 - Form of Grant of Temporary Construction
Easement and Covenant for Construction of Certain Permanent
Improvements and Exhibits, including legal description and
depiction of approximate 83,324 square foot TCE Area and
depiction of area in which permanent rip -rap and related
drainage improvements will be constructed
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE
AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BETWEEN LAM NGO & HUYEN LAM
TRAN AND THE CITY OF TEMECULA IN CONNECTION
WITH THE CALLE GIRASOL/NICOLAS ROAD
CONNECTION STREET AND DRAINAGE IMPROVEMENTS
(PORTIONS OF APN 957-090-022) AND MAKING FINDINGS
THAT NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND SECTION 21166 OF THE PUBLIC
RESOURCES CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County of
Riverside, State of California. Pursuant to Government Code Section 37350, the City is authorized
to purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of
it for the common benefit.
B. The City is a participant of the proposed extension of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection ("Project") pursuant to the Development
Agreement originally approved between the City of Temecula and Ashby USA, LLC (also known
as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. As the
Developer, Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a
California corporation are the successors to certain of these approved applications for development
and propose to construct the Sommers Bend Project. To facilitate the orderly development of the
Sommers Bend Project, the Third Amendment to the Development Agreement was approved
subject to certain conditions set forth on Exhibit D (New Attachment 5-A to Development
Agreement) to said Third Amendment. Specifically, Condition 3(A) to Exhibit D contains a
specific condition of approval requiring Developer to construct certain public improvements in
connection with Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas
Connection.
C. The Project will construct the public street, drainage, access, public utility and
related improvements in connection with the proposed extension of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road. In furtherance of the Project, the City seeks to
acquire (i) approximate 51,003 square foot conservation easement, and (ii) an approximate 83,324
square foot temporary construction easement with a term of twelve months and covenant
authorizing the construction of certain permanent improvements in portions of said 83,324 square
foot area (collectively "Subject Property Interests") on portions of the real property located at
31249 Indian Summer Road in the City of Temecula, California, and identified as Riverside
County Tax Assessor's Parcel Number 957-090-022 ("Property").
D. The City seeks to acquire the Subject Property Interests for public use, namely for
conservation purposes and for the construction of certain public off -site improvements, consisting
of public street, drainage, and related improvements, and all uses necessary or convenient thereto
in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the
Calle Girasol/Nicolas Road connection ("Project"). The Irrevocable Offer of Dedication dedicates
to the City pursuant to Government Code Section 7050 that certain 51,003 square foot conservation
easement described in the Irrevocable Offer. The City seeks to acquire the Conservation Easement
for the benefit of Fallbrook Lands Conservancy. The authorization to use the approximate 83,324
square foot temporary construction easement area ("TCE Area") will facilitate the construction of
the public street, drainage, and related improvements in connection with the Project. The grant of
the rights to use the 83,324 square foot TCE Area will also authorize the City to construct certain
permanent rip -rap and related drainage improvements in portions of said 83,324 square foot TCE
Area to protect the street improvements from erosion and to minimize flooding. These permanent
rip -rap and related drainage improvements will also help minimize flooding in the remainder
portions of the Property.
E. The City wishes to proceed with the proposed acquisition of the Subject Property
Interests in connection with the Project and the owners of record, Lam Ngo and Huyen Lam Tran
("Owners"), wishes to sell the Subject Property Interests to the City pursuant to the terms of the
attached Purchase and Sale Agreement and Joint Escrow Instructions Between Lam Ngo & Huyen
Lam Tran and the City of Temecula in Connection with the Calle Girasol/Nicolas Road
Connection Street and Drainage Improvements (Portions of APN 957-090-022).
F. The Project, as planned and designed, is in the public interest and necessity and is
needed to construct the public street, drainage, access, public utility and related improvements in
connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection. The Subject Property Interests are required for conservation
easement purposes, to facilitate the construction of the Project, and for the construction of
permanent rip -rap and related drainage improvements in portions of the approximate 83,324 square
foot TCE Area. The Project, as planned and located, is consistent with the circulation and street
system in the Roadway Plan depicted in the City of Temecula General Plan.
Section 2. Approval of Purchase and Sale Agreement and Joint Escrow Instructions
Between Lam Ngo & Huyen Lam Tran and the City of Temecula in Connection with the Calle
Girasol/Nicolas Road Connection Street and Drainage Improvements (Portions of APN 957-090-
022) and Exhibits Thereto. The City Council of the City of Temecula finds that the acquisition of
the Subject Property Interests located on portions of the Property is in the public interest and
necessity and is necessary for the construction of the Project. The City Council of the City of
Temecula hereby approves that certain Purchase and Sale Agreement and Joint Escrow
Instructions Between Lam Ngo & Huyen Lam Tran and the City of Temecula in Connection with
the Calle Girasol/Nicolas Road Connection Street and Drainage Improvements (Portions of APN
957-090-022) and Exhibits Thereto ("Agreement") attached hereto and incorporated herein by this
reference, with such changes in the Agreement as may be mutually agreed upon by Lam Ngo and
Huyen Lam Tran and the City Manager as are in substantial conformance with the form of the
N
Agreement on file in the Office of the City Clerk. A copy of the final Agreement, when executed
by the City Manager, shall be placed on file in the Office of the City Clerk. Copies of the recorded
Irrevocable Offer of Dedication of Conservation Easement and the Grant of Temporary
Construction Easement and Covenant for Construction of Certain Permanent Improvements shall
also be placed on file in the Office of the City Clerk.
Section 3. Environmental Review. The environmental effects of the Project and the
acquisition of the real property interests needed for the Project were studied and analyzed as an
integral part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR")
pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section
21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA
Guidelines").
On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the
City Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared
for the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting
the Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding
Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the
Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).
Said environmental documents are incorporated herein by this reference.
Since the adoption of the EIR, five EIR Addendums have been prepared for the
Development Project area. The most recent Addendum to the EIR was adopted on January 14,
2020.
On July 11, 2023, City Staff reviewed the environmental documentation prepared in
connection with the Development Project in connection with Staff s review of the proposed
acquisition of the Subject Property Interests for the Project. City Staff reviewed the EIR, the First
Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on
March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth
Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on
January 14, 2020, and determined that the Project and acquisition of the Subject Property Interests
needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria
of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
Staff concluded that no substantial changes have occurred in the Development Project, no
substantial changes have occurred in the circumstances under which the Development Project is
undertaken, and the City has obtained no new information of substantial importance that would
require further environmental analysis. These environmental findings are the appropriate findings
with respect to the proposed acquisition of the Subject Property Interests for the Project.
Section 4. City Manager's Authority. The City Manager (or the City Manager's
designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient
to carry out and implement the Agreement, and to administer the City's obligations,
responsibilities, and duties to be performed under the Agreement, including but not limited to (i)
execution of the (i) Agreement (ii) consent to recordation of the Irrevocable Offer of Dedication
of the Conservation Easement, and (iii) the Temporary Construction Easement and Covenant for
3
Construction of Certain Permanent Improvements in connection with the dedication to the City of
the approximate 51,003 square foot conservation easement, and the approximate 83,324 square
foot temporary construction easement with a term of twelve months and covenant authorizing the
construction of certain permanent improvements in portions of said 83,324 square foot area. the
City Manager is further authorized to execute any applicable documents to complete the
transactions contemplated by the Agreement, including escrow instructions, and other similar
agreements and documents as contemplated by or described in the Agreement or as necessary and
convenient to implement the Agreement and to effectuate the transfer to the City of the Subject
Property Interests and terms of the Irrevocable Offer of Dedication.
Section 5. Certification. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25th day of July, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of July, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS BETWEEN LAM NGO & HUYEN LAM TRAN AND THE
CITY OF TEMECULA IN CONNECTION WITH THE CALLE
GIRASOL/NICOLAS ROAD CONNECTION STREET AND DRAINAGE
IMPROVEMENTS (PORTIONS OF APN 957-090-022)
This Purchase and Sale Agreement and Joint Escrow Instructions Between Lam Ngo,
Huyen Lam Tran, and the City of Temecula in connection with the Calle Girasol/Nicolas Road
Connection Street and Drainage Improvements (Portions of APN 957-090-022) ("Agreement") is
entered into by and between LAM NGO and HUYEN LAM TRAN ("Seller") and the CITY OF
TEMECULA, a municipal corporation ("Buyer" or "City"), and constitutes an agreement to
purchase and sell real property between Seller and Buyer and the joint escrow instructions directed
to First American title Insurance Company (Escrow Holder). Seller and Buyer are referred to
below collectively as the "Parties". The Agreement is effective on the date it is fully executed by
the Parties (Effective Date).
RECITALS
A. Seller is the record fee owner of certain real property located at 31249 Indian
Summer Road, Temecula, California, and identified as Riverside County Tax Assessor's Parcel
Number (APN) 957-090-022 ("Property"). The Property is approximately 198,198 square feet in
size and is zoned Very Low Density Residential (VL).
B. The City originally approved that certain Development Agreement between the
City of Temecula and Ashby USA, LLC pursuant to Ordinance No. 02-14. The Development
Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official
Records of the County of Riverside. The Development Agreement was amended pursuant to: (1)
the First Amendment to the Development Agreement Between the City of Temecula and Ashby
USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of
Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the
Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23,
2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No.
2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8,
2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document
No. 2016-0156276. Developer Woodside 05S, LP, a California limited partnership and
Wingsweep Corporation, a California corporation are the successors to certain of these approved
applications for development and propose to construct the Sommers Bend Project.
C. To facilitate the Sommers Bend Project's orderly development, the Development
Agreement contained a condition of approval requiring Developer to construct certain public
street, drainage and related improvements for the extension of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection, Project Number LD 19-4050 (Project). The
Developer is required to construct certain street improvements on Nicolas Road within the existing
right of way. The Project will construct certain permanent improvements consisting of rip -rap
slope -erosion protection to protect the street improvements and mitigate flooding. Further, the
Developer was required to acquire certain land for conservation purposes for unavoidable impacts
associated with the Project pursuant to the requirements of state and federal approvals.
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11086-0203\2794720v3.doc
D. The City seeks to acquire on the Property the real property interests described below
for public use, namely public street, drainage, conservation purposes, and all uses necessary or
convenient thereto in connection with the Project:
(i) An approximate 51,003 square foot permanent easement for conservation
purposes, and all uses necessary and convenient thereto in connection with
the Project dedicated by Seller in favor of the City and for the benefit of
Fallbrook Land Conservancy, a California non-profit corporation pursuant
to that certain Irrevocable Offer of Dedication of Conservation Easement
Pursuant to Government Code Section 7050 ("Irrevocable Offer of
Conservation Easement"). The approximate 51,003 square foot permanent
conservation easement area is described more particularly on EXHIBIT B
and depicted on EXHIBIT C to the form of Irrevocable Offer of
Conservation Easement attached as EXHIBIT 1 hereto and incorporated
herein by this reference ("Conservation Easement").
(ii) An approximate 83,324 square foot Temporary Construction Easement with
a term of twelve months and covenant that would authorize the City to
construct certain permanent drainage improvements within portions of the
approximate 83,324 square foot area. The approximate 83,324 square foot
TCE is described more particularly on EXHIBIT A and depicted on
EXHIBIT B to the form of the Grant of the Temporary Construction
Easement and Covenant attached as EXHIBIT 2 hereto and incorporated
herein by this reference ("TCE Agreement and Covenant"). The
approximate 83,324 square foot area described in EXHIBIT A and depicted
on EXHIBIT B to EXHIBIT 2 is referred to below as the "TCE Area".
The approximate 51,003 square foot Conservation Easement and the approximate 83,324
square foot TCE Area are referred to below collectively as the "Subject Property Interests". The
Parties expressly acknowledge that the 51,003 square foot Conservation Easement is located
within the 83,324 square foot TCE Area.
E. The City seeks to acquire the approximate 51,003 square foot Conservation
Easement for conservation easement purposes pursuant to the Irrevocable Offer of Conservation
Easement. The Irrevocable Offer of Dedication of Conservation Easement is made by the Seller
pursuant to Government Code Section 7050 in favor of the City for the benefit of Rivers & Land
Conservancy, a California non-profit corporation. The Conservation Easement is located on the
southern portion of the Property along Nicolas Road. The purpose of the Conservation Easement
is to ensure the area will be managed and preserved in a natural condition, in perpetuity, and to
prevent any use of the easement area that will impair or interfere with the conservation easement.
Pursuant to the terms of the Conservation Easement, said area is and will remain in a natural
condition and intended to be preserved in its natural, scenic, open condition to maintain its
ecological, historical, visual and educational values. Under the Conservation Easement, the
owner's use is limited to uses consistent with open space purposes, including preservation,
restoration, and enhancement of native species and their habitats. The City would consent to the
recordation of the Irrevocable Offer of Dedication at Close of Escrow. The City can accept the
Dedication of the Conservation Easement offered in the Irrevocable Offer of Dedication in the
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27947200
manner provided in Government Code Section 7050. Pursuant to Government Code Section 7050,
the City may accept the Irrevocable Offer at any time by adoption of a Resolution by the City
Council accepting the dedication of the Conservation Easement (the "Resolution of Acceptance").
The Conservation Easement shall become effective upon the adoption of the Resolution of
Acceptance and shall remain in perpetuity unless and until it is terminated by vacation thereof in
accordance with applicable law. The Resolution of Acceptance will authorize the City to execute
a Certificate of Acceptance in substantially the form attached hereto as EXHIBIT D to the
Irrevocable Offer of Conservation Easement. The City has informed Seller that it intends to
consider the Resolution of Acceptance after the construction of the Project and that it intends to
transfer or assign all of its rights in the Conservation Easement to Rivers & Land Conservancy, a
California non-profit corporation after the construction of the Project. The Irrevocable Offer of
Dedication expressly acknowledges the City's rights to assign or transfer its interest in the
Conservation Easement to Rivers & Land Conservancy, a California non-profit corporation.
F. The City seeks to acquire the approximate 83,324 square foot TCE Area to facilitate
the construction of the Project. The TCE Agreement and Covenant would authorize the City to
use the 83,324 square foot TCE Area for a twelve-month period to facilitate the construction of
the Project, including construction staging purposes and storage of equipment and material in
connection with the construction of the Project. Further, because the approximate 83,324 square
foot TCE Area is located on portions of the Property within the Long Valley Wash, a natural flood
control charnel, the TCE Agreement and Covenant would also authorize the City to construct in
the portions of the TCE Area certain permanent improvements consisting of rip -rap and slope -
erosion protection in the portions of the TCE Area shown on EXHIBIT C to EXHIBIT 2. These
permanent rip -rap and slope -erosion protection improvements are necessary to protect the street
improvements that will be constructed within the existing right of way and to mitigate flooding in
this area of the Property.
G. In accordance with Government Code Section 7267.2, the City extended to Seller
a written offer dated September 20, 2022 to purchase the Subject Property Interests for a public
use; namely for public street, drainage, and related improvements and for conservation purposes
in connection with the Project. The Parties negotiated in good faith and have reached an agreement
regarding the City's purchase of the Conservation Easement and use of the TCE Area pursuant to
the terms of the TCE Agreement and Covenant, subject to ratification by the City Council.
H. The parties acknowledge that the City is authorized to acquire real property by
eminent domain for a public use, including conservation purposes, public street, drainage
purposes, and all uses necessary or convenient thereto, pursuant to the authority conferred upon
the City of Temecula by Section 19 of Article I of the California Constitution, Government Code
Sections 6950 et seq., 37350, 37350.5, 37351, 40404, 51097, and 66462.5, California Code of
Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to
Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.240, 1240.510, 1240.610, 1240.650 and
by other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power
of eminent domain may be exercised to acquire property only for a public use. Where the
Legislature provides by statute that a use, purpose, object, or function is one for which the power
of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature
that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c)
authorizes the City and the developer of a project for which the construction of offsite
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improvements are required to enter into an agreement requiring the developer to complete the
improvements pursuant to Government Code Section 66462 at such time as the City acquires an
interest in the land that will permit such improvements to be constructed. Government Code
Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence
eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of
the Code of Civil Procedure to acquire an interest in the land which will permit the improvements
to be made, including proceedings for immediate possession of the property under Article
(commencing with Section 1255.410) of Chapter 6 of that title." If Seller and the City had not
reached an agreement for the City's purchase of the TCE, City staff would have recommended to
the City Council that it consider the adoption of a resolution of necessity authorizing the initiation
of eminent domain proceedings to acquire the TCE in accordance with the Eminent Domain Law.
The City Council however has the exclusive and sole discretion to make the findings required by
Code of Civil Procedure section 1240.030 for the adoption of a resolution of necessity pursuant to
the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). This Agreement is not a
commitment or an announcement of intent to acquire any other real property interests that the City
may need for the Project. Seller is solely responsible for consulting its tax advisors or seeking a
letter ruling from the Internal Revenue Service regarding the applicability of 26 U.S.C. Section
1033 to Seller's sale of the TCE to the City in connection with the Project. The City makes no
express or implied representation regarding the applicability of 26 U.S.C. Section 1033 to this
transaction.
I. Seller desires to sell, and Buyer desires to buy, the Subject Property Interests on the
terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the above Recitals, which are incorporated
herein by this reference, and for other valuable consideration, the receipt of which is hereby
acknowledged, Buyer and Seller agree to the following:
l . Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller
agrees to sell to City and City agrees to purchase from Seller the approximate 51,003 Conservation
Easement described in EXHIBIT B and depicted on EXHIBIT C to the Irrevocable Offer of
Dedication of Conservation Easement attached as EXHIBIT 1 hereto, subject to the terms set forth
therein. Seller also agrees to authorize the City to use the approximate 83,324 square foot TCE
Area described in EXHIBIT A and depicted on EXHIBIT B to the TCE Agreement and Covenant
attached as EXHIBIT 2 hereto, and to authorize the City to install the permanent improvements in
the TCE Area roughly shown in EXHIBIT C to EXHIBIT 2, subject to the terms and conditions
of the TCE Agreement and Covenant.
2. Opening and Close of Escrow. Within five (5) business days after the Effective
Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of
Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement.
The Parties can execute the Agreement in counterparts as set forth in Section 17.d. below. This
Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions
contemplated hereby. City and Seller agree to execute such additional and supplementary escrow
instructions as may be appropriate to enable Escrow Holder to comply with the terms of this
Agreement; provided, however, that in the event of any conflict between the terms and provisions
of this Agreement and the terms and provisions of any supplementary escrow instructions, the
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terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close
of Escrow" shall be the date on which the Irrevocable Offer of Dedication and Grant of Temporary
Construction Easement and Covenant in favor of City are recorded in the Official Records of the
County of Riverside. Provided that all of Seller's and City's obligations to be performed on or
before Close of Escrow have been performed and all the conditions to the Close of Escrow set
forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the
Opening of Escrow ("Closing Date").
3. Purchase Price. The total purchase price that City will pay to Seller for the Subject
Property Interests is the sum of $170,500.00 (One Hundred Seventy Thousand Five Hundred
Dollars and no/100) ("Purchase Price") for the fair market values of the Conservation Easement
and TCE Area and authorization to use the TCE Area for the construction of certain rip -rap and
slope -erosion protection improvements as provided in the TCE Agreement and Covenant. No
attempt has been made to assign value to the lesser interest in the Subject Property Interests. Thus,
the Purchase Price is the total price for the Subject Property Interests without distinction or
separation for various interests that may be held in the Subject Property Interests. Seller is
responsible for any apportionment or allocation of the Purchase Price if required for any separately
held interests that may exist in the Subject Property Interests.
4. Title and Title Insurance.
a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain
and issue title commitments for the Conservation Easement. Escrow Holder will also request two
copies each of all instruments identified as exceptions on said title commitments. Upon receipt of
the foregoing, Escrow Holder will deliver these instruments and title commitments to City and
Seller. Escrow Holder will insure City's easement interest in the Conservation Easement described
in EXHIBIT A and EXHIBIT B to the form of Irrevocable Offer of Dedication (EXHIBIT 1 hereto)
at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA
Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage
as provided below in Section 4.b., in the amount of the Purchase Price ("Title Policy"), with
liability in the full amount of the Purchase Price, insuring the City's easement interest in the
Conservation Easement free and clear of all monetary liens and encumbrances and other matters
affecting title to the Conservation Easement, except for the permitted title exceptions defined
below and any permitted conditions of title that the City approves in writing (collectively
"Permitted Title Exceptions"):
i. General and special real property taxes and assessments for the then
current tax fiscal year which are a lien not then due and payable;
ii. The applicable zoning, building, and development regulations of
any municipality, county, state, or federal jurisdiction affecting the Conservation Easement;
iii. Such other non -monetary exceptions listed in the Preliminary Title
Report that City has approved within ten (10) business days after the date the City receives the
title commitments and legible copies of instruments noted as exceptions therein. If City
conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause
such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file
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any legal action to seek to remove any exception conditionally disapproved by the City. If such
conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the
City may, at the City's option, either consent to the recordation of the Irrevocable Offer of
Dedication of Conservation Easement attached as EXHIBIT 1 hereto, subject to such
encumbrances, or terminate the Escrow. In the event Escrow is terminated, within ten (10)
business days of the written notice of termination to Escrow, Escrow will disburse the City any
funds deposited into Escrow by City less any escrow cancellation charges.
b. Option to Obtain ALTA Extended Policy. The City will have the option of
obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If
the City, in its sole discretion, determines to obtain an ALTA Extended Policy, the City will, at its
expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended
Policy.
C. Acts After Date of Agreement. During the period from the date of this
Agreement through the Close of Escrow, Seller shall not encumber the Subject Property Interests,
record or permit to be recorded any document or instrument relating to the Subject Property
Interests, or physically alter the Subject Property Interests or permit or cause to be altered without
the prior written consent of City, which consent may be withheld in City's sole and absolute
discretion.
5. Escrow.
a. Deposit of Funds in Escrow. City covenants and agrees to deposit with
Escrow Holder the Purchase Price and any such escrow funds as are required for Close of Escrow
within five (5) business days of receiving written notice from Escrow holder regarding the
confirmation of the completion of the conditions required herein for the Close of Escrow.
b. Deposit of Documents in Escrow b Ste. Seller covenants and agrees to
deposit with Escrow Holder the following documents within ten (10) business days of the Opening
of Escrow:
i. Irrevocable Offer of Dedication of Conservation Easement. The
Irrevocable Offer of Dedication of Conservation Easement in the form attached as EXHIBIT 1
hereto ("Irrevocable Offer of Dedication") duly executed and acknowledged by Seller. EXHIBIT
1 is attached hereto and incorporated herein by this reference.
ii. Grant of Temporary Construction Easement and Covenant. The
Grant of Temporary Construction Easement and Covenant in the form attached as EXHIBIT 2
hereto ("TCE Agreement and Covenant") duly executed and acknowledged by Seller. EXHIBIT
2 is attached hereto and incorporated herein by this reference.
iii. A California 593 certificate and federal non -foreign
affidavit.
iv. Any other documents reasonably required by Escrow Holder
or the Title Company to be deposited by Seller to carry out this escrow.
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C. Deposit of Documents in Escrow by City.
Consent to Recordation. The Consent to Recordation attached to
the Irrevocable Offer of Dedication (attached hereto as EXHIBIT 1).
ii. Certificate of Acceptance. The executed TCE Agreement and
Covenant in the form attached as EXHIBIT 2 hereto.
iii. Any other documents reasonably required by Escrow Holder to be
deposited by Buyer to carry out this escrow.
d. Recordation of Irrevocable Offer of Dedication of Conservation Easement
and TCE Agreement and Covenant; Delivery of Funds and Possession. Upon receipt of the funds
and instruments described in Section 5, Escrow Holder shall cause the Irrevocable Offer of
Conservation Easement and TCE Agreement and Covenant to be recorded in the Official Records
of the County of Riverside. Thereafter, Escrow Holder shall deliver the proceeds of this escrow
(less appropriate charges as shown on a preliminary Settlement Statement executed by City and
Seller) to Seller, and Seller shall deliver possession of the Subject Property Interests to City free
and clear of all occupants.
e. Prorations. Real property taxes for the Subject Property Interests shall not
be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of
property taxes in the event any property taxes paid are allocable to the period after the Close of
Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring
property for the Project, is exempt from property taxes pursuant to Revenue and Taxation Code
Section 11922, and other provisions of law. All property assessments shall be prorated between
Buyer and Seller as of the Close of Escrow based on the latest available tax information. All
prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder
is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against
the Subject Property Interests.
f. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA
Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow
fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance
telephone calls, etc. City will pay for recording the Irrevocable Offer of Conservation Easement
and TCE Agreement and Covenant, and any documentary or other local transfer taxes, if any, and
for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines
to obtain an ALTA Extended Policy.
g. Escrow Cancellation Charges. If escrow fails to close through no fault of
either party, City will pay all escrow and title cancellation charges. In the event that this escrow
shall fail to close by reason of the default of either party hereunder, the defaulting party shall be
liable for all escrow and title cancellation charges.
6. Conditions to the Close of Escrow. Escrow shall not close unless and until both
Parties have deposited with Escrow Holder all sums and documents required to be deposited as
provided in Section 5. Additionally, City's obligation to proceed with the transaction
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contemplated by this Agreement is subject to the satisfaction of all of the following conditions
precedent, which are for City's benefit and may be waived only by City:
a. Seller shall have performed all obligations to be performed by Seller
hereunder.
b. If any of the conditions to Close of Escrow are not timely satisfied for a
reason other than a default of City or Seller under this Agreement, and this Agreement is
terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City
all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and
return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on
the date of the termination (less any escrow cancellation charges).
7. Representation and Warranties of Seller. Seller hereby represents and warrants
to City the following, it being expressly understood and agreed that all such representations and
warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to the best of Seller's knowledge on the Close of Escrow (i) the TCE
Area will be free and clear of Hazardous Materials (defined in Section 12.a. below) or toxic
substances and waste, including, but not limited to, asbestos, and (ii) Seller has no notice of any
pending or threatened action or proceeding arising out of the condition of the TCE Area or alleged
violation of Environmental Laws (defined in Section 12.b. below), health or safety statutes,
ordinance, or regulations.
b. That Seller is the record fee owner of the Property and no other party has a
fee interest in the Subject Property Interests. Seller will not further encumber the Subject Property
Interests to be further encumbered prior to the Close of Escrow.
C. Neither this Agreement nor anything provided to be done hereunder,
including the Irrevocable Offer of Dedication of Easement and TCE Agreement and Covenant to
City, violates or will violate any contract, agreement, or instrument to which Seller is a party, or
which affects the Conservation Easement described in the Irrevocable Offer of Dedication or TCE
Area, and the Seller's grant to City of the Subject Property Interests pursuant to this Agreement
does not require the consent of any party not a signatory hereto.
d. There are no claims or liens presently claimed or that will be claimed against
the Subject Property Interests by contractors, subcontractors, or suppliers, engineers, architects,
surveyors or others that may have lien rights for work performed or commenced prior to the
Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses,
charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any
similar lien claimed against the Subject Property Interests and arising from work performed or
commenced prior to the Close of Escrow.
e. There are no written or oral leases or contractual rights or options to lease,
purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject
Property Interests, or any part thereof, and no persons have any right of possession to the Subject
Property Interests, or any part thereof. Seller agrees to hold City harmless from all costs, expenses,
liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by
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any person or entity claiming rights to possession of any portion of the Subject Property Interests.
8. Representations and Warranties of City. City hereby represents and warrants to
Seller the following, it being expressly understood and agreed that all such representations and
warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. City has taken all required action to permit it to execute, deliver, and
perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and
carry out its obligations hereunder and consummate the transaction contemplated herein.
9. Total Consideration.
a. The Parties agree that City's payment to Seller of the Purchase Price set
forth in this Agreement is an all-inclusive settlement and is the full and complete consideration
and payment of just compensation for the fair market value of and rights to the Conservation
Easement described in the Irrevocable Offer of Dedication of Conservation Easement and rights
to use the TCE Area to facilitate the construction of the Project under the terms of the TCE
Agreement and Covenant, including the authorization to install the permanent improvements
consisting of rip -rap slope -erosion protection improvements in the location of the TCE Area shown
on EXHIBIT C to EXHIBIT 2 hereto, severance damages, inverse condemnation,
precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, any
future maintenance costs of Seller relating to maintaining the rip -rap and related drainage and
slope -erosion improvements, any obligations of Seller under the Conservation Easement, any other
damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject
Property Interests, the Project for which City is acquiring the Subject Property Interests, and all
costs and expenses whatever in connection therewith.
b. Business Goodwill and Relocation Assistance.
(i) No Loss of Business Goodwill. Seller agrees and acknowledges that
Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section
1263.510 as a result of City's acquisition of the Subject Property Interests or the construction of
the Project. There is no business operating on the Property. Under Code of Civil Procedure
Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if
the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves
that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii)
the loss cannot reasonably be prevented by a relocation of the business or by taking steps and
adopting procedures that a reasonably prudent person would take and adopt in preserving the
goodwill; (iii) compensation for the loss will not be included in payments under Government Code
Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation
otherwise awarded to the owner.
(ii) No Relocation Assistance. City is acquiring the authorization to use
the approximate 83,324 square foot TCE Area to facilitate the construction of the Project and to
install certain rip -rap and slope -erosion protection improvements on the portions of the TCE Area
shown roughly on EXHIBIT C to EXHIBIT 2 pursuant to the terms of the TCE Agreement and
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Covenant. The City's use of the TCE Area and installation of permanent rip -rap slope erosion
protection improvements in accordance with the terms of the TCE Agreement and Covenant will
not result in the displacement of any person or business from the Property. Accordingly, no
relocation assistance and benefits pursuant to applicable federal or state relocation laws or
regulations, including without limitation, the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable, or under Title 1,
Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or
the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the
California Code of Regulations) are triggered as a result of City's use of the TCE Area under the
terms of the TCE Agreement and Covenant in connection with the Project.
10. Releases.
a. This Agreement is a voluntary agreement and Seller on the Close of Escrow,
on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers,
officers, counsel, employees, representatives and agents, from all claims and causes of action by
reason of any damage that has been sustained, or may be sustained, as a result of City's efforts to
acquire the Subject Property Interests, or any preliminary steps thereto. Seller further releases and
agrees to hold City harmless from any and all claims and causes of action asserted by any party
claiming to have rights to possession of any portion of the Subject Property Interests.
b. California Civil Code Section 1542. Seller acknowledges that it may have
sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such
damage, loss, costs or expenses that may have been sustained, may give rise to additional damages,
loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly
waives any and all rights that Seller may have under California Civil Code Section 1542 as it
relates to the releases set forth in this Section 10, or under any statute or common law or equitable
principle of similar effect. California Civil Code Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
Seller's Initials:
City's Initials:
Seller's waiver of rights and release of claims set forth above in Section 10.a. and Section
10.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of
negligence on the part of City, its agents or contractors, in connection with the physical
construction of the Project.
This Section 10 will survive the Close of Escrow.
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11. City's Contingencies. For the benefit of City, the Close of Escrow and City's
obligation to consummate the purchase of the Subject Property Interests is contingent upon and
subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed
that City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of Seller
contained in this Agreement are all true and correct;
b. The delivery to Escrow Holder of all documents pursuant to Section 5 of
this Agreement;
C. Escrow Holder's commitment to issue, in favor of City, the Title Policy
with liability equal to the Purchase Price showing City's interest in the Conservation Easement
Area, subject only to the Permitted Title Exceptions; and
d. City's approval prior to the Close of Escrow of any due diligence testing,
environmental site assessment, soils or geological reports, or other physical inspections of the
Subject Property Interests that City might perform prior to the Close of Escrow.
12. Certain Definitions.
a. The term "Hazardous Materials" will mean and include the following,
including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product
or constituent regulated under the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural
gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the
Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and
asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances
Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product
material and any other radioactive materials or radioactive wastes, however produced, regulated
under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the
OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process
and pollution control wastes, whether or not hazardous within the meaning of the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a
"hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil
Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental
Laws.
b. The term `Environmental Laws" will mean and include all federal, state and
local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating
to environmental quality, health, safety, contamination and clean-up, including, without limitation,
the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251
et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide
Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.
Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the
Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29
U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901
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et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking
Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response,
Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund
Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know
Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act
15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the
Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local
environmental statutes and ordinances, with implementing regulations and rules in effect on or
prior to the Effective Date.
13. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of
$170,500.00 or any inference of per square foot value of the approximate 83,324 square foot
Conservation Easement or 51,003 square foot Temporary Construction Easement on said Purchase
Price will not be admissible as evidence of the fair market value of the Subject Property Interests
in an eminent domain or other proceeding or litigation concerning the Subject Property Interests,
or any portion thereof.
14. Default. In the event of a breach or default under this Agreement by either City or
Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the
right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Property
Interests by delivering written notice thereof to the defaulting party and to Escrow Holder, and if
City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits
it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such
termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting
party's rights and remedies at law or equity.
15. Notices. All notices and demands will be given in writing by personal delivery,
certified mail, postage prepaid, and return receipt requested, or by Federal Express or other
overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b)
two (2) business days following deposit in the United States mail, postage prepaid, certified or
registered, return receipt requested, or (c) one (1) business day following deposit with Federal
Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties
will address such notices as provided below or as may be amended by written notice:
BUYER: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
SELLER: Lam Ngo and Huyen Lam Tran
13341 Wilson Street
Garden Grove, California 92844
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ESCROW
HOLDER: First American Title Insurance Company
One Ridgegate Drive, Suite 225
Temecula, California 92590
Attention: Debbie Fritz, Escrow Officer
Electronic Mail: dfritz(afirstam.com
16. Broker Commissions. No brokers represented the Parties in connection with this
transaction. Seller will be solely responsible for the payment of any and all broker's commissions
or similar compensation due to any broker representing Seller, if any, and Seller will defend,
indemnify and hold the City harmless from and against any and all claims for any broker's
commissions or similar compensation that may be payable to any broker claiming it represented
Seller in connection with this transaction. Each party will defend, indemnify and hold harmless
the other party from and against all claims of any agent, broker, finder or other similar party based
upon such party's own acts in connection with this transaction. The provisions of this Section 16
will survive the Close of Escrow.
17. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only
when duly executed by both City and Seller and deposited with Escrow Holder.
b. Entire Agreement. This Agreement contains all of the agreements of the
Parties hereto with respect to the matters contained herein, and all prior or contemporaneous
agreements or understandings, oral or written, pertaining to any such matters are merged herein
and shall not be effective for any purpose.
C. Counterparts, Facsimile, and Electronic Signatures. This Agreement may
be executed in any number of counterparts, each of which shall be an original, but all of which
together shall constitute one and the same instrument. Facsimile or electronic
signatures/counterparts to this Agreement will be effective as if the original signed counterpart
were delivered.
d. Time of the Essence. Time is of the essence of this Agreement.
e. Governing Law. This Agreement is deemed to have been prepared by each
of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the
drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the
applicable rules of interpretation of contracts under the laws of the State of California, and not the
substantive law of another state or the United States or federal common law. This Agreement will
be deemed to have been executed and delivered within the State of California, and the rights and
obligations of the Parties will be governed by, and construed and enforced in accordance with, the
laws of the State of California.
f. Third Parties. Nothing contained in this Agreement, expressed or implied,
is intended to confer upon any person, other than the Parties hereto and their successors and
assigns, any rights or remedies under or by reason of this Agreement.
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g. Additional Documents. Each party hereto agrees to perform any further
acts and to execute, acknowledge, and deliver any further documents that may be reasonably
necessary to carry out the provisions of this Agreement.
h. Authori . of City Manager. The City Manager may give any and all notices,
consents, and terminations hereunder on behalf of the City provided they are in writing. The City
Manager may execute the Agreement, Consent to Recordation, Certificate of Acceptance, TCE
Agreement and Covenant, escrow documents, and any such documents or instruments that are
necessary to effect the transfer of property interests contemplated herein.
i. Interpretation and Construction. Each of the Parties has reviewed the
Agreement and each has had the opportunity to have its respective counsel and real estate advisors
review and revise this Agreement and any rule of construction to the effect that ambiguities are to
be resolved against the drafting party will not apply in the interpretation of this Agreement or any
amendments or exhibits thereto. The recitals and captions of the Sections and Subsections of this
Agreement are for convenience and reference only, and the words contained therein will in no way
be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the
provisions of this Agreement.
j. Remedies Not Exclusive and Waivers. No remedy conferred by any of the
specific provisions of this Agreement is intended to be exclusive of any other remedy and each
and every remedy will be cumulative and will be in addition to every other remedy given hereunder
or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one
or more remedies will not constitute a waiver of the right to pursue other available remedies.
k. Severability. If any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining
provisions will not be affected, and the rights and obligations of the Parties will be construed and
enforced as if this Agreement did not contain the particular part, term, or provision held to be
invalid.
1. Exhibits. The Exhibits attached hereto are incorporated in this Agreement
by this reference.
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27947200
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
set forth below.
Dated:
Dated:
Dated:
SELLER
Lam Ngo and Huyen Lam Tran
By:
Lam Ngo
By:
Huyen Lam Tran
BUYER
City of Temecula, a municipal corporation
Aaron Adams, City Manager
ATTEST:
RA
Randi Johl, City Clerk
APPROVED AS TO FORM:
1-2
Peter M. Thorson, City Attorney
-15-
27947200
EXHIBIT 1
FORM OF IRREVOCABLE OFFER OF DEDICATION OF
EASEMENT PURSUANT TO GOVERNMENT CODE SECTION 7050
(CONSERVATION EASEMENT)
Recording requested by and when recorded
return to:
City of Temecula, a municipal corporation
41000 Main Street
Temecula, California 92590
Attention: City Clerk's Office
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN 957-090-022 [X] Portions
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383),
Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922)
IRREVOCABLE OFFER OF DEDICATION OF EASEMENT PURSUANT TO
GOVERNMENT CODE SECTION 7050 (CONSERVATION EASEMENT)
This IRREVOCABLE OFFER OF DEDICATION OF EASEMENT PURSUANT TO
GOVERNMENT CODE SECTION 7050 (CONSERVATION EASEMENT) ("Irrevocable
Offer") is entered into by Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants
(collectively "Grantor"),Woodside 05S, LP, a California Limited Partnership and Wingsweep
Corporation, a California corporation (collectively "Developer") for the benefit of the CITY OF
TEMECULA, a municipal corporation ("City"), and the FALLBROOK LAND
CONSERVANCY, a California non-profit corporation ("Grantee") and is effective on the date it
is fully executed. The Irrevocable Offer is made with reference to the following facts:
RECITALS
A. Grantor is the sole owner in fee simple of real property containing 4.55 acres
located at 31249 Indian Summer Road, Temecula, California, and identified as Assessor's Parcel
Number 957-090-022 ("Grantor's Property"). Grantor's Property is a vacant parcel legally
described on EXHIBIT A attached hereto and incorporated by this reference.
B. Grantor desires to irrevocably offer to dedicate to the City for the benefit of Grantee
pursuant to Government Code Section 7050 a Conservation Easement (defined below) over an
approximate 51,003 square feet (1.17 acres) portion of Grantor's Property (the "Easement Area").
The Easement Area is legally described on EXHIBIT B and depicted on EXHIBIT C attached
hereto and incorporated by this reference.
C. The Easement Area provides, among other things, compensatory mitigation for
unavoidable impacts associated with the construction of certain public street, drainage and related
improvements for the extension of Nicolas Road from Butterfield Stage Road to Leifer Road,
including the Calle Girasol/Nicolas Road Connection (Nicolas-Calle Girasol Road and Channel
Improvements Project) ("Project"), pursuant to requirements of the following state and Federal
approvals (collectively, "Agency Approvals"): U.S. Army Corps of Engineers (USACE)
11086.0203/2827954v3
Individual Permit SPL-2018-00635-ERS, Regional Water Quality Control Board (RWQCB)
Water Quality Certification R9-2020-0021, and California Department of Fish and Wildlife
(CDFW) Streambed Alteration Agreement 1600-2017-0211-R6, and to fulfill the Project's
obligation under the California Environmental Quality Act (CEQA).
D. This Irrevocable Offer is designed to satisfy and is granted in partial satisfaction of
the Agency Approvals.
E. Consistent with the terms and conditions of this Irrevocable Offer, the Easement
Area is intended to remain in a Natural Condition as defined herein and to be preserved in its
natural, scenic, open condition to maintain its ecological, historical, visual and educational values
(collectively, "Conservation Values"). The Conservation Values are of importance to the people
of the County of Riverside and the people of the State of California and United States.
F. Grantor wishes to dedicate to the City and the City is authorized to accept the
irrevocable offer of dedication for the Conservation Easement pursuant to this Irrevocable Offer
pursuant to Government Code Section 7050 and the City may accept the irrevocable offer of
dedication for the Conservation Easement by adopting a Resolution of Acceptance confirming said
acceptance and recording a Certificate of Acceptance in the form attached as EXHIBIT D hereto.
G. Grantor expressly acknowledges that the City intends to transfer its interest in the
Conservation Easement to Grantee after the Project is constructed and the obligations of the
Developer under the Agency Approvals and this Irrevocable Offer are completed. Grantor agrees
to any such transfer of the City's rights to Grantee or other tax exempt non-profit organization
qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and qualified
to do business in California which is authorized to hold conservation easements pursuant to Civil
Code Section 815.3 and Government Code Section 65965 and has as its primary purpose the
preservation of land in its natural, scenic, forested or open space condition or use
H. Grantee is authorized to hold conservation easements pursuant to Civil Code
Section 815.3 and Government Code Section 65965. Specifically, Grantee is a tax exempt non-
profit organization qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended, and qualified to do business in California which has as its primary purpose the
preservation of land in its natural, scenic, forested or open space condition or use.
I. Developer has agreed to enter into this Irrevocable Offer for the purpose of
undertaking certain obligations identified herein prior to the City's transfer or assignment to
Grantee of its rights under this Irrevocable Offer.
NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which
is hereby acknowledged, Grantor agrees as follows:
COVENANTS, TERMS, CONDITIONS AND RESTRICTIONS
1. Offer, Term, and Acceptance.
(a) Offer. In consideration of the above recitals and the mutual covenants,
terms, conditions, and restrictions contained herein, Grantor hereby makes an irrevocable offer
11086.0203/2827954v3
("Offer of Dedication for Conservation Easement") pursuant to Government Code Section 7050
to dedicate in favor of the City on behalf of Grantee a permanent conservation easement in
perpetuity over the Easement Area described in EXHIBIT B and depicted on EXHIBIT C of the
nature and character and to the extent hereinafter set forth ("Conservation Easement"). This
Irrevocable Offer shall run with the land and be binding on Grantor's heirs, successors,
administrators, assigns, lessees, and other occupiers or users of the Easement Area or any portion
of it.
(b) Term. The term of the Offer of Dedication for Conservation Easement shall
commence on the date that this Irrevocable Offer is recorded in the Official Records of the County
of Riverside, California ("Official Records"). Pursuant to Government Code Section 7050, the
Offer of Dedication for Conservation Easement shall be irrevocable when this Irrevocable Offer
is recorded in the Official Records and may be accepted at any time by the City Council of the
City. Pursuant to Government Code Section 7050, the Offer of Dedication for Conservation
Easement may be terminated and the right to accept such offer abandoned in the same manner as
is prescribed for the summary vacation of streets or highways by Part 3 (commencing with
Section 8300) of Division 9 of the Streets and Highways Code. Such termination and
abandonment may be by the City Council of the City.
(c) Acceptance. Pursuant to Government Code Section 7050, the City may
accept the Offer of Dedication for Conservation Easement at any time for the benefit of Grantee
by adoption of a resolution by the City Council of the City accepting the Offer of Dedication for
Conservation Easement (the "Resolution of Acceptance"). The Conservation Easement shall
become effective upon the adoption of the Resolution of Acceptance and shall remain in perpetuity
unless and until it is terminated by Grantee by vacation thereof in accordance with applicable law.
The Resolution of Acceptance will authorize the City to execute a Certificate of Acceptance in
substantially the form attached hereto as EXHIBIT D, which is incorporated herein by this
reference, accepting the Offer of Dedication for Conservation Easement (the "Acceptance"), and
Grantor authorizes the City to record the Acceptance in the Official Records. Grantor also
authorizes the City to record any such documents as are reasonably necessary to effectuate the
transfer to Grantee of the City's rights in the Conservation Easement set forth in this Irrevocable
Offer without any further action or authorization required from Grantor.
(d) Execution of Irrevocable Offer by Developer. Grantor and Developer agree
that by Developer executing this Irrevocable Offer, Developer agrees that it will complete certain
obligations in connection with the Conservation Easement required for the City's transfer and
assignment to Grantee of its rights under this Irrevocable Offer.
2. Purpose.
(a) The purposes of the Conservation Easement are to (i) ensure the Easement
Area will be managed and preserved in a Natural Condition, as defined herein, in perpetuity and
(ii) prevent any use of the Easement Area that will impair or interfere with the Conservation Values
of the Easement Area (collectively, the "Purpose"). Grantor intends that the Conservation
Easement will confine the use of the Easement Area to such activities that are consistent with the
Purpose, including without limitation, those involving the preservation, restoration, and
enhancement of native species and their habitats.
11086.0203/2827954v3
(b) The term "Natural Condition", as referenced in the preceding paragraph and
other portions of this Irrevocable Offer, shall mean the condition of the Easement Area, as it exists
at the time the Conservation Easement as set forth in this Irrevocable Offer is transferred to
Grantee, as well as future enhancements or changes to the Easement Area that occur directly as a
result of the following activities:
(i) Compensatory mitigation measures, including implementation,
maintenance, and monitoring activities (collectively, "Compensatory Mitigation") required by the
Agency Approvals and as described in the Nicolas-Calle Girasol and Channel Improvements
Project Habitat Mitigation and Monitoring Plan dated August 21, 2019 and prepared by HELIX
Environmental Planning ("Mitigation Plan"), a copy of which is on file in the City of Temecula
Public Works Department and is incorporated herein by this reference. A copy of the cover page
of the Mitigation Plan is attached as Exhibit E hereto. Grantor expressly acknowledges that the
City has provided a copy of the Mitigation Plan to Grantor. Grantor, Developer, and the City
acknowledge and agree that the Mitigation Plan may need to be updated during the construction
of the Project to reflect updated Agency Approvals and that the updated Mitigation Plan will apply
to the Conservation Easement. The City agrees to provide copies of any such updates to Grantor
prior to transferring its interest in the Conservation Easement as set forth in this Irrevocable Offer
to Grantee and that a copy of any such updated Mitigation Plan will be kept on file in the City of
Temecula Public Works Department.
(ii) In -perpetuity maintenance ("Long -Term Maintenance") as
described in Section 15 herein; or
(iii) Activities described in Sections 3, 4 and 6 through 9 herein.
(c) Grantor represents and warrants that there are no structures or
improvements existing on the Easement Area at the time this Irrevocable Offer is executed.
Grantor further represents and warrants that there are no other previously granted easements
existing on the Easement Area that interfere or conflict with the Purpose of the Conservation
Easement as evidenced by the Title Report attached at EXHIBIT F hereto. The present Natural
Condition of the Easement Area is evidenced in part by the depiction of the Easement Area
attached on EXHIBIT G, showing all relevant and plottable property lines, easements, dedications,
improvements, boundaries and major, distinct natural features such as waters of the United States.
Developer has delivered further to the City evidence of the present Natural Condition to Grantee
consisting of (1) a color aerial photograph of the Easement Area at an appropriate scale taken as
close in time as possible to the date this Irrevocable Offer is executed; (2) an overlay of the
Easement Area boundaries on such aerial photograph; and (3) on -site color photographs showing
all man-made improvements or structures (if any) and the major, distinct natural features of the
Easement Area.
(d) If a controversy arises with respect to the present Natural Condition of the
Easement Area, Grantor, Grantee, or Developer or any designees or agents of Grantor, Grantee,
and Developer shall not be prevented from utilizing any and all other relevant documents, surveys,
photographs or other evidence or information to assist in the resolution of the controversy.
11086.0203/2827954v3
(e) The term `Biological Monitor" shall mean an independent third -party
consultant with knowledge of aquatic resources in the Riverside County area and expertise in the
field of biology or related field.
3. Grantee's Rights. To accomplish the Purpose of the Conservation Easement,
Grantor hereby grants and conveys the following rights to Grantee, effective upon the City's
transfer and assignment to Grantee of its rights under this Irrevocable Offer.
(a) To preserve and protect the Conservation Values of the Easement Area;
(b) To enter upon the Easement Area and Grantor's Property in order to monitor
compliance with and to otherwise enforce the terms of this Irrevocable Offer;
(c) To prevent any activity on or use of the Easement Area that is inconsistent
with the Purpose of the Conservation Easement and to require the restoration of such areas or
features of the Easement Area that may be damaged by any act, failure to act, or any use that is
inconsistent with the Purpose of the Conservation Easement;
(d) To require that all mineral, air, and water rights (if any) as Grantee deems
necessary to preserve, protect and sustain the biological resources and Conservation Values of the
Easement Area shall remain a part of and be put to beneficial use upon the Easement Area,
consistent with the Purposes of the Conservation Easement;
(e) The right to enforce by any means, including, without limitation, injunctive
relief, the terms and conditions of this Irrevocable Offer; and
(f) The right to enhance native plant communities, including the removal of
non-native species and the right to plant native trees and shrubs of the same type as currently
existing on the Easement Area, or other appropriate native species. Habitat enhancement activities
shall not conflict with the preservation of the Natural Condition of the Easement Area or the
Purpose of the Conservation Easement and shall be performed in compliance with all applicable
laws, regulations, permitting requirements, and the approved long-term management plan.
4. Developer's Rights. To accomplish the Purpose of the Conservation Easement as
described in Section 2, Grantor hereby grants to Developer the following rights, effective upon the
recordation of this Irrevocable Offer:
(a) The right to enter the Grantor's Property and Easement Area to conduct the
activities required under the Agency Approvals and any amendments thereto, and the Mitigation
Plan, and any updates thereto, to implement the Compensatory Mitigation requirements, including
but not limited to the following activities: (i) remove trash and debris; (ii) excavate and regrade
the surface as appropriate for detention and flow of water for wetlands; (iii) eradicate weeds and
non-native plants; (iv) install and maintain irrigation system; (v) prepare the site for native seeding
and planting, including amending soils; (vi) install native seeds and container plants; and
(vii) maintain, restore and monitor the wetlands and buffer area.
11086.0203/2827954v3
(b) Upon receipt of Final Approval (defined in Section 8, below), Developer's
right to enter the Grantor's Property and Easement Area pursuant to Subsection 4(a), above, shall
cease.
5. Prohibited Uses. Except as provided in Section 9, any activity on or use of the
Easement Area inconsistent with the Purpose of the Conservation Easement is prohibited. Without
limiting the generality of the foregoing, the following uses by Grantor, Grantee, and their
respective guests, agents, assigns, employees, representatives, successors, and third parties are
expressly prohibited on the Easement Area:
(a) Unseasonable or supplemental watering except for habitat enhancement
activities described in Subsection 3(f), Subsection 9(b), or the Mitigation Plan;
(b) Use of chemical fertilizers, pesticides, biocides, herbicides, rodenticides,
fungicides or other agents or weed abatement activities, except weed abatement activities
necessary to control or remove invasive, exotic plant species in accordance with Subsection 9(c)
of this Irrevocable offer or pursuant to the Mitigation Plan;
(c) Incompatible fire protection activities except fire prevention activities set
forth in Section 9;
(d) Use of off -road vehicles and use of any other motorized vehicles except on
existing roadways;
(e) Grazing or other agricultural activity of any kind;
(f) Recreational activities including, but not limited to, horseback riding,
biking, hunting or fishing;
(g) Residential, commercial, retail, institutional, or industrial structures or uses;
(h) Any legal or de facto division, subdivision or partitioning of the Easement
Area, including a request for a certificate of compliance pursuant to the California Subdivision
Map Act (California Government Code Section 66499.35);
(i) Construction, reconstruction, expansion, location, relocation, installation or
placement of any building, road, wireless communication cell towers, or any other structure or
improvement of any kind, or any billboard, fence, boundary marker or sign, except signs permitted
in Subsection 8(b);
0) Dumping soil, trash, ashes, refuse, waste, bio-solids, garbage or any other
material;
(k) Planting, gardening, introducing or dispersing non-native or exotic plant or
animal species;
(1) Filling, dumping, excavating, draining, dredging, mining, drilling,
removing or exploring for or extraction of minerals, loam, gravel, soil, rocks, sands or other
11086.0203/2827954v3
material on or below the surface of the Easement Area, or granting or authorizing surface entry for
any of these purposes;
(m) Altering the surface or general topography of the Easement Area, including
but not limited to any alterations to habitat, building roads or trails, flood control work, or paving
or otherwise covering any portion of the Easement Area; except as permitted by the Agency
Approvals, or as necessary to implement the Mitigation Plan, or any right reserved in Section 9 or
Section 15;
(n) Removing, destroying, or cutting of trees, shrubs or other vegetation, except
for (1) emergency fire breaks as required by fire safety officials as set forth in Section 9(e), (2)
prevention or treatment of disease, (3) control of invasive species which threaten the integrity of
the habitat, (4) completing the Mitigation Plan, or (5) activities described in Sections 6 through 9
or Section 15. In the event that activity on the Easement Area is necessary to prevent or treat
disease as listed herein, the first priority for action shall be chemical and biological methods. No
invasive or non-native species shall be introduced to prevent or treat disease, unless chemical or
biological methods have failed to resolve the problem and the County of Riverside Department of
Environmental Health, or other agency with authority, determines that no other methods will
address the problem. Removal of vegetation to prevent or treat disease shall only be allowed if
chemical or biological methods have failed to resolve the problem or upon a showing that removal
of vegetation is required on an emergency basis;
(o) Manipulating, impounding or altering any natural watercourse, body of
water or water circulation on the Easement Area, and activities or uses detrimental to water quality,
including but not limited to degradation or pollution of any surface or sub -surface waters;
(p) Creating, enhancing, and maintaining fuel modification zones within the
Easement Area (defined as a strip of mowed land or the planting of vegetation possessing low
combustibility for purposes of fire suppression) or other activities that could constitute fuel
modification zones within the Easement Area;
(q) Creation of any encumbrance superior to this Irrevocable Offer, other than
those encumbrances set forth in the Title Report attached as Exhibit F hereto, or the recording of
any involuntary lien (which is not released within sixty (60) calendar days), or the granting of any
lease, license or similar possessory interest in the Easement Area which will affect the
Conservation Values of the Easement Area;
(r) Any and all activities and uses which may adversely affect the Purposes of
the Conservation Easement;
(s) Any use or activity that may violate, or fail to comply with, relevant federal,
state, or local laws, regulations, or policies applicable to Grantor, the Easement Area, or the use or
activity in question; and
(t) No use shall be made of the Easement Area, and no activity thereon shall
be permitted, that may adversely affect the Conservation Values of the Grantor's Property or
otherwise interfere with the Purposes of the Conservation Easement. Grantor and Grantee
acknowledge that, in view of the perpetual nature of the Conservation Easement, they are unable
11086.0203/2827954v3
to foresee all potential future land uses, future technologies, and future evolution of the land and
other natural resources, and other future occurrences affecting the Purpose of the Conservation
Easement. Grantee may determine whether (1) proposed uses or proposed improvements not
contemplated by or addressed in this Irrevocable Offer or (2) alterations in existing uses or
structures, are consistent with the Purpose of the Conservation Easement.
6. Grantor's Duties. Grantor, its successors and assigns shall:
(a) Undertake all reasonable actions to prevent the unlawful entry and trespass
by persons whose activities may degrade or harm the Conservation Values of the Easement Area.
In addition, Grantor shall undertake all necessary actions to perfect Grantee's rights under
Section 3 of this Irrevocable Offer;
(b) Cooperate with Grantee, its successors or assigns in the protection of the
Conservation Values;
(c) Pursuant to Subsection 15(d), below, repair and restore damage to the
Easement Area to the extent directly or indirectly caused by Grantor, Grantor's guests,
representatives, employees or agents, and third parties within Grantor's control; provided,
however, Grantor, its successors or assigns shall not engage in any repair or restoration work in
the Easement Area without first consulting with the Grantee or its successor or assigns; and
(d) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Irrevocable Offer, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes, ordinances,
rules, regulations, orders or requirements.
7. Grantee's Duties. Effective upon the City's transfer and assignment to Grantee of
its rights under this Irrevocable Offer, Grantee shall:
(a) Perform at least quarterly compliance inspections of the Easement Area,
prepare an annual inspection report that documents the quarterly inspection results;
(b) Upon receipt of Final Approval, perform the Long -Term Maintenance of
the Easement Area as described in Section 15;
(c) Pursuant to the requirements of Subsection 15(e), below, repair and restore
damage to the Easement Area directly or indirectly caused by Grantee, Grantee's guests,
representatives, employees or agents, and third parties within Grantee's control;
(d) Set aside, hold, invest and disburse adequate Maintenance and Monitoring
Endowment funds (described in Section 16) in trust solely for the purposes of preserving the
Conservation Values of the Easement Area under this Irrevocable Offer in perpetuity;
(e) Have a fiduciary duty to ensure the Maintenance and Monitoring
Endowment held in trust for the Easement Area is properly managed in accordance with the terms
of the approved endowment agreement; and
11086.0203/2827954v3
(f) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Irrevocable Offer, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes, ordinances,
rules, regulations, orders or requirements.
8. Developer's Duties. Developer shall undertake construction, maintenance and
monitoring of mitigated areas pursuant to the Mitigation Plan until issuance of final approval from
the RWQCB confirming that Developer has successfully completed construction, maintenance and
monitoring of mitigated areas pursuant to the Mitigation Plan ("Final Approval"). This duty is
non -transferable. In addition, Developer shall:
(a) Pursuant to the requirements of Subsection 15(f), below, repair and restore
damage to the Easement Area directly or indirectly caused by Developer, Developer's guests,
representatives, employees or agents, and third parties within Developer's control provided,
however, Developer, its successors or assigns, shall not engage in any repair or restoration work
on the Easement Area without first consulting with Grantor and Grantee; and
(b) Within ninety (90) days of recordation of the Acceptance in the Official
Records, erect signs and other notification features saying "Natural Area Open Space," "Protected
Natural Area," or similar descriptions. Prior to erection of such signage, Developer shall have its
Biological Monitor submit detailed plans showing the location and language of such signs to
Grantee for review. The erection of informative signage shall not be in direct or potential conflict
with the preservation of the Natural Condition of the Easement Area or the Purpose of the
Conservation Easement and shall be performed in compliance with all applicable statutes,
regulations, and permitting requirements; and
(c) Obtain any applicable governmental permits and approvals for any activity
or use permitted by this Irrevocable Offer, and any activity or use shall be undertaken in
accordance with all applicable federal, state, local and administrative agency statutes, ordinances,
rules, regulations, orders or requirements; and
(d) Upon receipt of Final Approval, Developer's duties under this Irrevocable
Offer shall cease and Developer shall have no further obligations whatsoever with respect to the
Easement Area or this Irrevocable Offer.
9. Reserved Rights. Grantor reserves to itself, and to its personal representatives,
heirs, successors, and assigns, all rights accruing from its ownership of the Easement Area,
including the right to engage in or to permit or invite others to engage in all uses of the Easement
Area that are not expressly prohibited or limited by, and are consistent with, the Purpose of the
Conservation Easement, including the following uses:
(a) Access. Reasonable access through the Easement Area and Grantor's
Property to adjacent land over existing roads, or to perform obligations or other activities permitted
by this Irrevocable Offer.
(b) Habitat Enhancement Activities. Creation and enhancement of native plant
communities, including the right to plant native trees and shrubs of the same type as currently
existing on the Easement Area, so long as such activities do not harm the habitat types identified
11086.0203/2827954v3
in the Agency Approvals or Mitigation Plan. For purposes of preventing erosion and reestablishing
native vegetation, Grantor shall have the right to revegetate areas that may be damaged by the
permitted activities under this Section 9, naturally occurring events or by the acts of persons
wrongfully damaging the Natural Condition of the Easement Area. Habitat enhancement activities
shall not be in direct or potential conflict with the preservation of the Natural Condition of the
Easement Area or the Purpose of the Conservation Easement and shall be performed in compliance
with all applicable statutes, regulations, and permitting requirements.
(c) Vegetation, Debris, and Exotic Species Removal. Removal or trimming of
vegetation downed or damaged due to natural disaster, removal of man-made debris, removal of
parasitic vegetation (as it relates to the health of the host plant) and removal of non-native or exotic
plant or animal species. Vegetation, debris, and exotic plant species removal shall not be in direct
or potential conflict with the preservation of the Natural Condition of the Easement Area or the
Purpose of the Conservation Easement and shall be performed in compliance with all applicable
laws, regulations, and permitting requirements.
(d) No Interference with Development of Adjoining Property. Notwithstanding
anything set forth herein to the contrary, nothing in this Irrevocable Offer is intended nor shall be
applied to in any way limit Grantor or any of Grantor's successors and assigns from
(1) constructing, placing, installing, and/or erecting any improvements upon the portions of the
Grantor's Property not constituting the Easement Area and/or (2) developing adjoining property
for any purposes, except as limited by any local, state or federal permit requirements for such
development and provided that for all of the above clauses (1) and (2) neither such activity nor any
effect resulting from such activity amounts to a use of the Easement Area, or has an impact upon
the Easement Area, that is prohibited by Section 5 above.
(e) Fire Protection. The right, in an emergency situation only, to maintain
firebreaks (defined as a strip of plowed or cleared land made to check the spread of a fire), trim or
remove brush, otherwise perform preventative measures required by the fire department to protect
structures and other improvements from encroaching fire. All other brush management activities
shall be limited to areas outside the Easement Area.
10. Enforcement.
(a) Right to Enforce. Grantor, its successors and assigns, grant to the State of
California a discretionary right to enforce this Irrevocable Offer in a judicial or administrative
action against any person(s) or other entity(ies) violating or attempting to violate this Irrevocable
Offer; provided, however, that no violation of this Irrevocable Offer shall result in a forfeiture or
reversion of title. The State of California shall have the same rights, remedies and limitations as
Grantee under this Section 10. The rights under this Section are in addition to, and do not limit
rights conferred in Section 3 above, the rights of enforcement against Developer and its successors
or assigns under the Agency Approvals, or any rights of the various documents created thereunder
or referred to therein. The term "Party" or "Parties" as used in this Section 10 means Grantor,
Developer, or Grantee, as the case may be. Grantor, Grantee, Developer and any third party
beneficiaries, including the City, RWQCB, USACE, and CDFW, when implementing any
remedies under this Irrevocable Offer, shall provide timely written notice to each other of any
11086.0203/2827954v3
actions taken under this section, including, but not limited to copies of all notices of violation and
related correspondence.
(b) Notice of Violation. In the event that a Party or its employees, agents,
contractors or invitees is in violation of the terms of this Irrevocable Offer or that a violation is
threatened, the non -violating Party or Parties and/or third parry beneficiaries may demand the cure
of such violation. In such a case, the non -violating Party or Parties and/or third party beneficiaries
shall issue a written notice to the violating Party (hereinafter "Notice of Violation") informing the
violating Parry of the actual or threatened violations and demanding cure of such violations. The
Notice of Violation shall be sent to the other Party and third parry beneficiaries listed under
Section 13 of this Irrevocable Offer.
(c) Time to Cure. The violating Party shall cure the noticed violation within
thirty (30) days of receipt of said written Notice of Violation. If said cure reasonably requires
more than thirty (30) days, the violating Parry shall, within the thirty (30) day period, submit to
the non -violating Party or Parties and/or third party beneficiaries, as the case may be, for review
and approval a plan and time schedule to diligently complete a cure. The violating Party shall
complete such cure in accordance with the approved plan. If the violating Party disputes the notice
of violation, it shall issue a written notice of such dispute (hereinafter "Notice of Dispute") to the
appropriate Party or Parties and/or third party beneficiary within thirty (30) days of receipt of
written Notice of Violation.
(d) Failure to Cure. If the violating Party fails to cure the violation within the
time period(s) described in Section 10(c), above, or Section 10(e)(ii), below, the non -violating
Party or Parties and/or third party beneficiaries may bring an action at law or in equity in a court
of competent jurisdiction to enforce compliance by the violating Party with the terms of this
Irrevocable Offer. In such action, the non -violating Party or Parties and/or third party beneficiaries
may:
(i) Recover any damages to which they may be entitled for violation by
the violating Party of the terms of this Irrevocable Offer or for any injury to the Conservation
Values of the Easement Area. The non -violating Parry or Parties shall first apply any damages
recovered to the cost of undertaking any corrective action on the Easement Area.
(ii) Enjoin the violation, ex parte as necessary, by temporary or
permanent injunction without the necessity of proving either actual damages or the inadequacy of
otherwise available legal remedies.
(iii) Pursue and obtain other legal or equitable relief, including, but not
limited to, the restoration of the Easement Area to the condition in which it existed prior to any
such violation or injury. This remedy is expressly available notwithstanding the ability to claim
damages as provided for in subdivision (i).
(iv) Otherwise enforce this Irrevocable Offer.
11086.0203/2827954v3
(e) Notice of Dispute.
(i) If the violating Parry provides the non -violating Parry or Parties
and/or third party beneficiaries with a Notice of Dispute, as provided herein, the non -violating
Parry or Parties and/or third party beneficiaries shall meet and confer with the violating Party at a
mutually agreeable place and time, not to exceed thirty (30) days from the date that the non -
violating Party or Parties and/or third party beneficiaries receive the Notice of Dispute. The non -
violating Party or Parties and/or third party beneficiaries shall consider all relevant information
concerning the disputed violation provided by the violating Parry and shall determine whether a
violation has in fact occurred and, if so, whether the Notice of Violation and demand for cure
issued by the non -violating Party or Parties and/or third party beneficiaries is appropriate in light
of the violation.
(ii) If, after reviewing the violating Party's Notice of Dispute,
conferring with the violating Party, and considering all relevant information related to the
violation, the non -violating Party or Parties and/or third party beneficiaries determine that a
violation has occurred, the non -violating Party or Parties and/or third party beneficiaries shall give
the violating Party notice of such determination in writing. Upon receipt of such determination,
the violating Party shall have fifteen (15) days to cure the violation. If said cure reasonably
requires more than fifteen (15) days, the violating Parry shall, within the fifteen (15) day period,
submit to the non -violating Party or Parties and/or third party beneficiaries for review and approval
a plan and time schedule to diligently complete a cure. The violating Party shall complete such
cure in accordance with the approved plan.
(f) Conflicting Notices of Violation.
(i) If any Party receives a Notice of Violation that is in material conflict
with one or more prior written Notices of Violation that have not yet been cured by the Party
(hereinafter "Active Notice(s) of Violation") such that the conflict makes it impossible for the
Party to carry out the cure consistent with all prior Active Notices of Violation, the Party shall give
written notice (hereinafter "Notice of Conflict") to the non -violating Parry or Parties and/or third
party beneficiaries issuing the later, conflicting Notice(s) of Violation. The Party shall issue said
Notice of Conflict to the appropriate non -violating Party or Parties and/or third party beneficiaries
within fifteen (15) days of the receipt of each such conflicting Notice of Violation. A valid Notice
of Conflict shall describe the conflict with specificity, including a description of how the conflict
makes compliance with all Active Notices of Violation impossible.
(ii) Upon issuing a valid Notice of Conflict to the appropriate non -
violating Party or Parties and/or third party beneficiaries, as described above, the violating Party
shall not be required to carry out the cure described in the conflicting Notice or Notices of
Violation until such time as the non -violating Party or Parties responsible for said conflicting
Notice(s) of Violation issue(s) a revised Notice of Violation that is consistent with prior Active
Notices of Violation. Upon receipt of a revised, consistent Notice of Violation, the violating Party
shall carry out the cure described in such notice within the time period(s) described in Section 10(c)
above. Notwithstanding Section 10(g), failure to cure within said time period(s) shall entitle the
non -violating Party or Parties to the remedies described in Section 10(d) and Section 10(h).
11086.0203/2827954v3
(iii) The failure of the violating Parry to issue a valid Notice of Conflict
within fifteen (15) days of receipt of a conflicting Notice of Violation shall result in a waiver of
the violating Parry's ability to claim a conflict.
(g) Immediate Action. Notwithstanding anything contained herein to the
contrary, in the event that circumstances require immediate action to prevent or mitigate significant
damage to the Conservation Values of the Easement Area, the Party or Parties and/or third party
beneficiary seeking enforcement pursuant to Section 10(b) above may immediately pursue all
available remedies, including injunctive relief, available pursuant to both this Irrevocable Offer
and state and federal law. The non -violating Party or Parties may immediately pursue all available
remedies without waiting for the expiration of the time periods provided for cure or Notice of
Dispute as described in Section 10(c). The written notice pursuant to this paragraph may be
transmitted to the violating Party by facsimile, email transmission or other means and shall be
copied to the other Party or Parties and/or third party beneficiaries listed in Section 13 of this
Irrevocable Offer. The rights of the non -violating Party or Parties and/or third party beneficiaries
under this paragraph apply equally to actual or threatened violations of the terms of this Irrevocable
Offer. The violating Party agrees that the remedies at law for any violation of the terms of this
Irrevocable Offer are inadequate and that the non -violating Party or Parties and third parry
beneficiaries shall be entitled to the injunctive relief described in this section, both prohibitive and
mandatory, in addition to such other relief to which they may be entitled, including specific
performance of the terms of this Irrevocable Offer, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. The remedies described in this
Section 10(Z) shall be cumulative and shall be in addition to all remedies now or hereafter existing
at law or in equity, including but not limited to, the remedies set forth in California Civil Code
Section 815, et seq., inclusive.
(h) Costs of Enforcement. Any costs incurred in enforcing, judicially or
otherwise, the terms, provisions, and restrictions of this Irrevocable Offer, including without
limitation, the costs of suit, and attorney's fees and any costs of restoration necessitated by a
Party's negligence or breach of this Irrevocable Offer, shall be borne by and recoverable against
the non -prevailing party in such proceedings.
(i) Enforcement Discretion. Enforcement of the terms of this Irrevocable Offer
by a Party and/or third party beneficiary shall be at the discretion of the Parry and/or third parry
beneficiary, and any forbearance by such Party and/or third party beneficiary to exercise its rights
under this Irrevocable Offer in the event of any breach of any term of this Irrevocable Offer by a
Party or any subsequent transferee shall not be deemed or construed to be a waiver by the non -
violating Party or Parties and third party beneficiary of such terms or of any subsequent breach of
the same or any other term of this Irrevocable Offer or of any of the rights of the non -violating
Party or Parties and third party beneficiary under this Irrevocable Offer. No delay or omission by
the non -violating Party or Parties and/or third party beneficiaries in the exercise of any right or
remedy upon any breach by the violating Party shall impair such right or remedy or be construed
as a waiver. Further, nothing in this Irrevocable Offer creates a non -discretionary duty upon the
non -violating Party or Parties and/or third party beneficiaries to enforce its provisions, nor shall
deviation from these terms and procedures, or failure to enforce its provisions give rise to a private
right of action against the non -violating Party or Parties and/or third party beneficiaries by any
third parties.
11086.0203/2827954v3
(j) Acts Beyond Grantor's Control. Nothing contained in this Irrevocable
Offer shall be construed to entitle Grantee, its successors or assigns to bring any action against
Grantor, its successors or assigns for any injury to or change in the Easement Area resulting from:
(i) Any natural cause beyond Grantor's control, including without
limitation, fire not caused by Grantor, flood, storm, and earth movement;
(ii) Any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes;
provided that once the emergency has abated, Grantor, its successors or assigns promptly take all
reasonable and necessary actions required to restore the Easement Area to the condition it was in
immediately prior to the emergency;
(iii) Acts by Grantee, Developer or their employees, directors, officers,
agents, contractors, or representatives; or
(iv) Acts of unrelated third parties (including any governmental
agencies) that are beyond Grantor's control.
(v) Notwithstanding the foregoing, Grantor must obtain any applicable
governmental permits and approvals for any emergency activity or use permitted by this
Irrevocable Offer, and undertake any activity or use in accordance with all applicable federal, state,
local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
(k) Acts Beyond Grantee's Control. Nothing contained in this Irrevocable
Offer shall be construed to entitle Grantor, its successors or assigns to bring any action against
Grantee, its successors or assigns for any injury to or change in the Easement Area resulting from:
(i) Any natural cause beyond Grantee's control, including without
limitation, fire not caused by Grantee, flood, storm, and earth movement;
(ii) Any prudent action taken by Grantee under emergency conditions
to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes,
provided that once the emergency has abated, Grantee, its successors or assigns promptly take all
reasonable and necessary actions required to restore the Easement Area to the condition it was in
immediately prior to the emergency;
(iii) Acts by Grantor, Developer or their employees, directors, officers,
agents, contractors, or representatives; or
(iv) Acts of unrelated third parties (including any governmental
agencies) that are beyond Grantee's control.
(v) Notwithstanding the foregoing, Grantee must obtain any applicable
governmental permits and approvals for any emergency activity or use permitted by this
Irrevocable Offer, and undertake any activity or use in accordance with all applicable federal, state,
local and administrative agency statutes, ordinances, rules, regulations, orders or requirements.
11086.0203/2827954v3
(1) Acts Beyond Developer's Control. Nothing contained in this Irrevocable
Offer shall be construed to entitle Grantor or Grantee to bring any action against Developer for
any injury to or change in the Easement Area resulting from:
(i) Any natural cause beyond Developer's control, including without
limitation, fire not caused by Developer, flood, storm, and earth movement;
(ii) Any prudent action taken by Developer under emergency conditions
to prevent, abate, or mitigate significant injury to the Easement Area resulting from such causes,
provided that once the emergency has abated, Developer promptly takes all reasonable and
necessary actions required to restore the Easement Area to the condition it was in immediately
prior to the emergency;
(iii) Acts by Grantor, Grantee or their employees, directors, officers,
agents, contractors, or representatives; or
(iv) Acts of third parties (including any governmental agencies) that are
beyond Developer's control.
(v) Notwithstanding the foregoing, Developer must obtain any
applicable governmental permits and approvals for any emergency activity or use permitted by
this Irrevocable Offer, and undertake any activity or use in accordance with all applicable federal,
state, local and administrative agency statutes, ordinances, rules, regulations, orders or
requirements.
(m) Use of Maintenance and Monitoring Endowment. If a court of competent
jurisdiction determines that there has been a violation of any term of this Irrevocable Offer:
(i) Funds from the Maintenance and Monitoring Endowment which
was created to manage the Easement Area cannot be used to pay damages awarded as part of the
judgment; and
(ii) Funds from the Maintenance and Monitoring Endowment which
was created to manage the Easement Area cannot be used to restore the Easement Area to the
condition in which it existed prior to the violation.
11. Access. This Irrevocable Offer does not convey a general right of access to the
public or a general right of access to the Easement Area.
12. Costs and Liabilities.
(a) Grantor, its successors and assigns shall retain all responsibilities and shall
bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and
maintenance (except Long -Term Maintenance pursuant to Section 15) of the Grantor's Property.
Grantor agrees Grantee shall not have any duty or responsibility for the operation, upkeep, or
maintenance (except for those duties required of Grantee by the Long -Term Maintenance pursuant
to Section 15) of the Grantor's Property, the monitoring of hazardous conditions thereon, or the
protection of Grantor, the public or any third parties from risks relating to conditions on the
11086.0203/2827954v3
Grantor's Property. Grantor, its successor or assign, and Grantee each are responsible for
obtaining any applicable governmental permits and approvals for any activity or use permitted by
this Conservation Easement and any activity or use shall be undertaken in accordance with all
applicable federal, state, local and administrative agency statutes, ordinances, rules, regulations,
orders and requirements.]
(b) Hold Harmless. Grantor, and its successors and assigns shall hold harmless,
protect, defend and indemnify City, Developer and Grantee and their respective directors,
councilmember, officers, employees, agents, contractors, and representatives and the heirs,
personal representatives, successors and assigns of each of them ("Indemnified Party" and
collectively "Indemnified Parties") from and against any and all liabilities, penalties, costs, losses,
damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees),
causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively,
"Claims") which are in contravention of this Irrevocable Offer, arising from or in any way
connected with: injury to or the death of any person, or physical damage to any property, resulting
from any act, omission, condition, or other matter related to or occurring on or about the area of
the Grantor's Property not constituting the Easement Area regardless of cause unless caused by
the negligence or willful misconduct of any of the Indemnified Parties.
(c) Taxes, No Liens. Grantor and its successors and assigns shall pay before
delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed
against the Grantor's Property by competent authority, including any taxes imposed upon, or
incurred as a result of, this Irrevocable Offer, and shall furnish Grantee with satisfactory evidence
of payment, if assessed, upon request. Grantor, Grantee, and their successors and assigns shall
keep the Easement Area free from any liens. Should either Grantor's work or Grantee's work in
or upon the Easement Area result in a lien on the Easement Area, Grantor or Grantee, as the case
may be, shall take all steps required to have said lien removed from the Easement Area.
(d) Condemnation. Pursuant to California Code of Civil Procedure
Section 1240.055, this Irrevocable Offer is "property appropriated to public use," as used in
Article 6 (commencing with Section 1240.510) and Article 7 (commencing with
Section 1240.610) of Chapter 3 of Title 7 of the California Code of Civil Procedure. A person
authorized to acquire property for public use by eminent domain shall seek to acquire the Easement
Area, if at all, only as provided in California Code of Civil Procedure Section 1240.055. If any
person seeks to acquire the Easement Area for public use, Grantee shall comply with all obligations
of the holder of a conservation easement under California Code of Civil Procedure
Section 1240.055. If the Conservation Easement is condemned, the net proceeds from the
condemnation shall be used in compliance with California Government Code Section 659660).
(e) Subsequent Transfers.
(i) By City and Grantee. This Irrevocable Offer is transferable by City
as provided above. This Irrevocable Offer is also transferrable by Grantee, but Grantee may assign
its rights and delegate obligations under this Irrevocable Offer only to an entity or organization
authorized to acquire and hold conservation easements pursuant to California Civil Code
Section 815.3 and California Government Code Section 65965-65968 (or any successor
provision(s) then applicable) and only with the prior written approval of City or RWQCB, which
11086.0203/2827954v3
approval shall not be unreasonably withheld, conditioned or delayed. Grantor expressly agrees
and acknowledges that the City may take any action required to transfer to Grantee the City's rights
pursuant to this Irrevocable Offer without obtaining prior written approval from Grantor. Grantee
shall give Grantor at least sixty (60) days prior written notice of the proposed assignment or
transfer. Grantee shall record the assignment in the Official Records. The failure of Grantee to
perform any act provided in this section shall not impair the validity of this Irrevocable Offer or
limit its enforcement in any way. Unless otherwise agreed by City or RWQCB and Grantee, along
with such transfer of this Irrevocable Offer, Grantee shall transfer any funding remaining in the
Maintenance and Monitoring Endowment and Legal Enforcement and Defense Fund it is then
holding for purposes of this Irrevocable Offer to a qualified endowment holder under California
Government Code Section 65965 et seq., after satisfying all outstanding contracts and obligations
on those funds. Any transfer under this Section is subject to the requirements of Subsection 19(n).
(ii) Dissolution of Grantee. Grantee shall immediately transfer the
Conservation Easement and deliver any Maintenance and Monitoring Endowment and Legal
Enforcement and Defense Fund funds it is then holding for purposes of this Irrevocable Offer, to
an entity or other non-profit organization in accordance with Subsection 12(e)(i) above, if any of
the following occurs:
(iii) Grantee dissolves;
(iv) Grantee is the subject of a voluntary or involuntary petition in
bankruptcy;
(v) Grantee is unable to carry out its obligations under this Conservation
Easement; or
(vi) City or RWQCB reasonably determines that the Maintenance and
Monitoring Endowment held by Grantee, or its successor entity, are not being held, managed,
invested, or disbursed for conservation purposes and consistent with this Irrevocable Offer and
legal requirements.
(f) By Grantor.
(i) Covenant Running with the Land. The covenants, conditions, and
restrictions contained in this Irrevocable Offer are intended to and shall run with the land and bind
all future owners of any interest in the Easement Area. Grantor, its successor or assign agrees to
(i) incorporate by reference to the title of and the recording information for this Irrevocable Offer
in any deed or other legal instrument by which each divests itself of any interest in all or a portion
of the Easement Area, including, without limitation, a leasehold interest and (ii) give actual notice
to any such transferee or lessee of the existence of this Irrevocable Offer. Grantor, its successor
and assign agrees to give written notice to Grantee of the intent to transfer any interest at least
sixty (60) days prior to the date of such transfer. The failure of Grantor, its successor or assign, or
Grantee to perform any act provided in this Section 12 shall not impair the validity of this
Irrevocable Offer or limit its enforceability in any way, and Grantor, its successors or assigns
assume any liability relating to transfer(s) or assignment(s) to bona fide purchasers without notice
11086.0203/2827954v3
of the existence or terms of this Irrevocable Offer. Any transfer under this Section is subject to
the requirements of Subsection 19(n).
(ii) From and after the date of any transfer of all or any portion of the
Easement Area by Grantor and each transfer thereafter, (i) the transferee shall be deemed to have
assumed all of the obligations of Grantor as to the portion transferred, as set forth in this
Irrevocable Offer, (ii) the transferee shall be deemed to have accepted the restrictions contained
herein as to the portion transferred, (iii) the transferor, as applicable, shall have no further
obligations hereunder except for any obligations pursuant to Subsection 19(g), and (iv) all
references to Grantor in this Irrevocable Offer shall thereafter be deemed to refer to such transferee.
(g) Additional Interests. Grantor, its successors and assigns shall not change
any existing easements or other existing interests in the Easement Area or grant additional
easements or other interests in the surface or subsurface of the Easement Area, or interest of any
type (other than a security interest that is subordinate to this Irrevocable Offer), or grant or
otherwise abandon any water agreement relating to the Easement Area, without first obtaining the
written consent of Grantee. Grantee may withhold such consent if it determines that the proposed
interest or transfer is inconsistent with the purposes of this Irrevocable Offer or may impair or
interfere with the Conservation Values of the Easement Area. This section shall not prohibit
transfer of a fee or leasehold interest in the Easement Area that is subject to this Irrevocable Offer
and complies with this Section 12 [Please confirm], as applicable. Grantor, its successors and
assigns shall record any additional easements or other interests in the Official Records and shall
provide a copy of the recorded document to Grantee.
13. Notices. All notices and demands will be given in writing by personal delivery,
certified mail, postage prepaid, and return receipt requested, or by Federal Express or other
overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery,
(b) two (2) business days following deposit in the United States mail, postage prepaid, certified or
registered, return receipt requested, or (c) one (1) business day following deposit with Federal
Express or other overnight carrier. The Parties will address such notices as provided below or as
may be amended by written notice:
GRANTOR: Lam Ngo and Huyen Lam Tran
13341 Wilson Street
Garden Grove, California 92844
CITY: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
11086.0203/2827954v3
GRANTEE: Fallbrook Land Conservancy, a California non-profit corporation
1815 S. Stagecoach Lane
Fallbrook, California 92028
Attention: Karla Standridge, Executive Director
DEVELOPER: To Woodside 055, LP:
Woodside 05 S, LP
Attention: Trent Heiner
1250 Corona Pointe #500,
Corona, California 92879
With a copy to:
Allen Matkins Leck Gamble Mallory & Natsis LLP
One American Plaza
600 West Broadway, 27th Floor
San Diego, California 92101-0903
Attention: Jeffrey A. Chine, Esq.
To Wingsweep:
Wingsweep Corporation
Attention: Joseph T. Gauthier, Esq.
c/o UNICOM PLAZA, Suite 310
15535 San Fernando Mission Boulevard
Mission Hills, California 91345
If the Conservation Easement is assigned, the assignment document shall update the Notices
provisions. When the underlying fee for the Easement Area is conveyed, the successor shall record
a document entitled Conservation Easement/Change of Notices Provisions.
14. Amendment. Grantor, Grantee, City (while City is a party to this Irrevocable
Offer), and Developer (while Developer is a party to this Irrevocable Offer) may amend this
Irrevocable Offer only by mutual written agreement. Any such amendment shall be consistent
with the Purpose of the Conservation Easement and shall not affect its perpetual duration. City
(while City is a party to this Irrevocable Offer) shall record any amendments to this Irrevocable
Offer approved by Developer (while Developer is a party to this Irrevocable Offer) and the Grantee
in the Official Records and shall provide a copy of the recorded document to the Grantor, Grantee,
and if applicable, Developer. Grantee (after City's rights to the Irrevocable Offer are assigned to
Grantee) shall record any amendments to this Irrevocable Offer approved by the City or RWQCB
in the Official Records and shall provide a copy of the recorded document to the Grantor and City.
Grantor expressly agrees and acknowledges that Grantor will execute an amendment to this
Irrevocable Offer after the City accepts the Irrevocable Offer of the Conservation Easement to
incorporate any updated Exhibits and/or terms of the Irrevocable Offer.
11086.0203/2827954v3
15. Long -Term Maintenance.
(a) Grantee's Responsibilities for Maintenance and Management. Grantee, its
successors and assigns shall be responsible for in -perpetuity, ongoing, long-term maintenance and
management of the Easement Area. Grantee, its successors and assigns shall be responsible for
in -perpetuity, ongoing, long-term maintenance and management of the Easement Area in
accordance with the "Nicolas Road/Calle Girasol Intersection Improvements Project Long-term
Management Plan" prepared by HELIX Environmental Planning dated June 2023. A copy of the
title page is attached at EXHIBIT H.
(b) Restoration Responsibilities. Grantor, Grantee, Developer, and their
successors and assigns shall each individually be obligated to repair, remediate, or restore the
Easement Area damaged by any activities prohibited by Section 5 herein to the extent Grantor,
Grantee, Developer, and/or their successors and assigns is responsible therefor.
(c) Annual Reporting. Grantee, its successors and assigns shall prepare an
annual monitoring and maintenance report documenting activities performed under
Subsection 15(a) above, and shall make such report available to Grantor upon request.
(d) Grantor Restoration. When activities are performed pursuant to
Subsection 15(b) and to the extent Grantor is responsible, Grantee, its successors and assigns, shall
retain, at Grantor's expense, a qualified Biological Monitor to prepare a Restoration Plan and to
oversee/monitor such restoration activities. Grantee shall have its Biological Monitor submit a
draft Restoration Plan to Grantor for review prior to its implementation. Upon completion of
restoration as specified in the approved Restoration Plan, Grantee shall have a Biological Monitor
prepare a detailed monitoring report, and Grantee shall make the report available to Grantor within
thirty (30) days of completion of restoration activities. Grantee, its successors or assigns and
Biological Monitor shall sign the monitoring report, and the report shall document the Biological
Monitor's name and affiliation, dates Biological Monitor was present on -site, activities observed
and their location, Biological Monitor's observations regarding the adequacy of restoration
performance by Grantee, its successors or assigns, or its contractor in accordance with the
approved Restoration Plan, corrections recommended and implemented. Grantor shall be
responsible for compensating and/or reimbursing Biological Monitor and Grantee for all
reasonable and ordinary expenses incurred by them in discharging their respective responsibilities
under this subsection within thirty (30) days of invoice.
(e) Grantee Restoration. When activities are performed pursuant to
Subsection 15(b) for which Grantee is responsible, Grantee shall retain, at Grantee's expense, a
qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such restoration
activities. Upon completion of restoration as specified in the approved Restoration Plan, Grantee
shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its successors or
assigns and Biological Monitor shall sign the monitoring report, and the report shall document the
Biological Monitor's name and affiliation, dates Biological Monitor was present on -site, activities
observed and their location, Biological Monitor's observations regarding the adequacy of
restoration performance by Grantee, its successors or assigns, or its contractor in accordance with
the approved Restoration Plan, corrections recommended and implemented.
11086.0203/2827954v3
(f) Developer Restoration. When activities are performed pursuant to
Subsection 15(b) for which Developer is responsible, Grantee shall retain, at Developer's expense,
a qualified Biological Monitor to prepare a Restoration Plan and to oversee/monitor such
restoration activities. Upon completion of restoration as specified in the approved Restoration
Plan, Grantee shall have a Biological Monitor prepare a detailed monitoring report. Grantee, its
successors or assigns, and Biological Monitor shall sign the monitoring report, and the report shall
document the Biological Monitor's name and affiliation, dates Biological Monitor was present on -
site, activities observed and their location, Biological Monitor's observations regarding the
adequacy of restoration performance by Grantee, its successors or assigns, or its contractor in
accordance with the approved Restoration Plan, corrections recommended and implemented.
Developer shall be responsible for compensating and/or reimbursing Biological Monitor and
Grantee for all reasonable and ordinary expenses incurred by them in discharging their respective
responsibilities under this subsection within thirty (30) days of invoice.
(g) Force Majeure. If any party to this Irrevocable Offer is delayed, hindered
in or prevented from the performance of any act required under this Irrevocable Offer by reason
of strikes, lockouts, labor disputes, acts of God, inability to obtain services, labor, or materials or
reasonable substitutes therefor, governmental action or inaction (including failure, refusal or delay
in issuing permits, approvals and/or authorizations which is not the result of the action or inaction
of the party claiming such delay), riots, civil commotions, war, earthquake, fire, flood or other
casualty or natural disaster, and other causes beyond the reasonable control of the parry delayed in
performing work or doing acts required under the provisions of this Irrevocable Offer, then
performance of such act will be excused for the period of the delay and the period for the
performance of any such act will be extended for a period equivalent to the period of such
delay. The provisions of this Subsection 15(g) will not operate to excuse a party from any payment
required under the provisions of this Irrevocable Offer.
16. Funding.
(a) Initial Financing Requirement. Prior to or concurrent with the City's
recordation of the Certificate of Acceptance of the Irrevocable Offer of the Conservation Easement
in the Official Records, Developer shall disburse to Grantee a check in the amount of Four
Thousand Dollars ($4,000.00) ("Initial Financial Requirement"), which Initial Financial
Requirement is for the purpose of reimbursing Grantee for its cost and expenses incurred in
connection with Grantee's acceptance of the rights and obligations under the Conservation
Easement, and for fulfilling certain of Grantee's obligations hereunder for up to the first three (3)
years following the date of this Irrevocable Offer.
(b) Permanent Endowment. In addition to the Initial Financial Requirement
and in accordance with the endowment agreement, prior to or concurrent with the City's
recordation of the Certificate of Acceptance of the Irrevocable Offer of Dedication of the
Conservation Easement in the Official Records, Developer shall pay to Grantee an endowment in
the amount of Three Hundred Thirty -Five Thousand Eight Hundred Sixty -Five and 98/100 Dollars
($335,865.98) ("Maintenance and Monitoring Endowment"). The Maintenance and Monitoring
Endowment is for the purpose of fulfilling Grantee's obligations under this Irrevocable Offer.
11086.0203/2827954v3
(c) Legal Enforcement and Defense Fund. Prior to or within thirty (30) days
of the City's recordation of the Irrevocable Offer of Dedication of the Conservation Easement in
the Official Records, Developer shall disburse to Grantee a check for the legal enforcement and
defense fund in the amount of Six Thousand Seven Hundred Seventeen and 32/100 Dollars
($6,717.32) ("Legal Enforcement and Defense Fund").
17. Recordation. City's consent to recordation of this Irrevocable Offer and its
Acceptance of the Offer of Dedication for Conservation Easement as provided herein and the
recordation of said documents in the Official Records constitutes notice of the rights granted by
Grantor to the City and Grantee pursuant to this Irrevocable Offer. After the City's recordation of
the Certificate of Acceptance in substantially the form attached as EXHIBIT D hereto, Grantee
may record such documents that Grantee deems necessary to preserve its rights in this Irrevocable
Offer. Grantor agrees to execute any amendments necessary to effectuate Grantee's rights in
connection with the Conservation Easement.
18. Estoppel Certificate. Upon request, Grantee shall within fifteen (15) days execute
and deliver to Grantor, its successors and assigns any document, including an estoppel certificate,
which certifies compliance with any obligation of Grantor, its successors and assigns contained in
this Irrevocable Offer and otherwise evidences the status of this Irrevocable Offer as may be
requested by Grantor, its successors and assigns.
19. General Provisions.
(a) Controlling Law. The laws of the State of California shall govern the
interpretation and performance of this Irrevocable Offer.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Irrevocable Offer shall be liberally construed in favor of and to accomplish
the Purpose of this Irrevocable Offer and the policy and purpose set forth in California Civil Code
Section 815, et seq. If any provision in this instrument is found to be ambiguous, an interpretation
consistent with the Purpose of this Irrevocable Offer that would render the provision valid shall be
favored over any interpretation that would render it invalid.
(c) Severability. If a court of competent jurisdiction voids or invalidates on its
face any provision of this Irrevocable Offer, such action shall not affect the remainder of this
Irrevocable Offer. If a court of competent jurisdiction voids or invalidates the application of any
provision of this Irrevocable Offer to a person or circumstance, such action shall not affect the
application of the provision to other persons or circumstances.
(d) Entire Agreement. This instrument together with the attached exhibits and
any documents referred to herein sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Conservation Easement. No alteration or variation of this instrument
shall be valid or binding unless contained in an amendment in accordance with Section 17.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or
reversion of Grantor's title in any respect.
11086.0203/2827954v3
(f) Successors and Assigns. The covenants, terms, conditions, and restrictions
of this Irrevocable Offer shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall constitute a
servitude running in perpetuity with the Easement Area. Grantor's successors are expressly bound
by the obligations of Grantor herein with respect to the area comprising the Conservation
Easement, including any obligations to cooperate with the City, Developer, and Grantee to execute
any amendments necessary to effectuate Grantee's rights in connection with the Conservation
Easement and to update any amendments to this Irrevocable Offer.
(g) Termination of Rights and Obligations. Provided the transfer was
consistent with the terms of this Irrevocable Offer, a party's rights and obligations under this
Irrevocable Offer shall terminate upon transfer of the party's interest in the Conservation Easement
or Easement Area, except that liability for acts or omissions occurring prior to transfer shall survive
transfer.
(h) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon its
construction or interpretation.
(i) Counterparts. The parties may execute this instrument in two or more
counterparts, which shall, in the aggregate, be signed by all parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling.
0) Exhibits. All Exhibits referred to in this Irrevocable Offer are attached and
incorporated herein by reference.
(k) No Hazardous Materials Liability.
(i) Grantor represents and warrants to Grantee it has no knowledge or
notice of any Hazardous Materials (defined below) or underground storage tanks existing,
generated, treated, stored, used, released, disposed of, deposited or abandoned in, on, under, or
from the Grantor's Property, or transported to or from or affecting the Grantor's Property.
(ii) Without limiting the obligations of Grantor herein, Grantor hereby
releases and agrees to indemnify, protect, defend and hold harmless the Indemnified Parties
(defined in Subsection 11(b)) against any and all Claims (defined in Subsection 11(b)) arising from
or connected with any Hazardous Materials present, alleged to be present, or otherwise associated
with the Grantor's Property at any time, except that this release and indemnification shall be
inapplicable to the Indemnified Parties with respect to any Hazardous Materials placed, disposed
or released by the Indemnified Parties, as applicable. This release and indemnification includes,
without limitation, Claims for (i) injury to or death of any person or physical damage to any
property; and (ii) the violation or alleged violation of, or other failure to comply with, any
Environmental Laws (defined below).
(1) Despite any contrary provision of this Irrevocable Offer, the parties do not
intend this Irrevocable Offer to be, and this Irrevocable Offer shall not be, construed such that it
creates in or gives Grantee any of the following:
11086.0203/2827954v3
(i) The obligations or liabilities of an "owner" or "operator," as those
terms are defined and used in Environmental Laws (defined below), including, without limitation,
the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. Section 9601 et seq.; hereinafter, "CERCLA");
(ii) The obligations or liabilities of a person described in 42 U.S.C.
Section 9607(a)(3) or (4);
(iii) The obligations of a responsible person under any applicable
Environmental Laws;
(iv) The right to investigate and remediate any Hazardous Materials
associated with the Grantor's Property unless said investigation or remediation is related to the
investigation or remediation of the Easement Area; or
(v) Any control over Grantor's ability to investigate, remove, remediate
or otherwise clean up any Hazardous Materials associated with the Grantor's Property unless said
investigation or remediation by Grantor is related to the Easement Area.
(1) The term "Hazardous Materials" includes, without
limitation, (a) material that is flammable, explosive or radioactive; (b) petroleum products,
including by-products and fractions thereof; and (c) hazardous materials, hazardous wastes,
hazardous or toxic substances, or related materials defined in CERCLA; Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.); the Hazardous Materials Transportation Act
(49 U.S.C. Section 5101 et seq.); the Hazardous Waste Control Law (California Health & Safety
Code Section 25100 et seq.); the Hazardous Substance Account Act (California Health & Safety
Code Section 25300 et seq.), and in the regulations adopted and publications promulgated pursuant
to them, or any other applicable federal, state or local laws, ordinances, rules, regulations or orders
now in effect or enacted after the date of this Conservation Easement.
(2) The term "Environmental Laws" includes, without
limitation, any federal, state, local or administrative agency statute, ordinance, rule, regulation,
order or requirement relating to pollution, protection of human health or safety, the environment
or Hazardous Materials. Grantor and Grantee represents, warrants and covenants to each other
that Grantor and Grantee's activities upon and use of the Easement Area will comply with all
Environmental Laws.
(m) Extinguishment. If circumstances arise in the future that render the Purpose
of the Conservation Easement impossible to accomplish, this Irrevocable Offer can only be
terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent
jurisdiction.
(n) Warran . Grantor represents and warrants that Grantor is the sole owner
of fee simple title to the Grantor's Property; that the Grantor's Property is not subject to any other
conservation easement; and there are no outstanding mortgages, liens, encumbrances or other
interests in the Grantor's Property (including, without limitation, water and mineral interests) that
may conflict or are otherwise inconsistent with this Irrevocable Offer and which have not been
11086.0203/2827954v3
expressly subordinated to this Irrevocable Offer by a written, recorded Subordination Agreement
approved by Grantee.
(o) No Merger. The doctrine of merger shall not operate to extinguish this
Irrevocable Offer if the Conservation Easement and the Easement Area become vested in the same
parry. If, despite this intent, the doctrine of merger applies to extinguish the Conservation
Easement then, unless Grantor and Grantee otherwise agree in writing, a replacement conservation
easement containing the same protections embodied in this Irrevocable Offer shall be recorded
against the Easement Area.
(p) Change of Conditions. If one or more of the Purposes of the Conservation
Easement may no longer be accomplished, such failure of purpose shall not be deemed sufficient
cause to terminate the entire Conservation Easement as long as any other purpose of the
Conservation Easement may be accomplished. In addition, the inability to carry on any or all of
the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Irrevocable
Offer or be considered grounds for its termination or extinguishment. Grantor and Grantee agree
that global warming and climate change -caused effects shall not be a basis for termination of this
Irrevocable Offer.
[REMAINDER LEFT INTENTIONALLY BLANK]
11086.0203/2827954v3
IN WITNESS WHEREOF, Grantor and Developer have executed this Irrevocable Offer as
of the date set forth below and have agreed to be bound by the terms and provisions hereof.
GRANTOR [notarization required]:
LAM NGO AND HUYEN LAM TRAN,
husband and wife as joint tenants
Dated:
Lam Ngo
Dated:
Huyen Lam Tran
11086.0203/2827954v3
DEVELOPER [notarization required]
Woodside 05S, LP,
a California limited partnership
Dated:
By: WDS GP, Inc.,
A California corporation,
Its general partner
LO-A
Name:
Title:
Wingsweep Corporation,
a California corporation
Dated:
Corry Hong
President and Chief Executive Officer
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
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 of notary)
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)
11086.0203/2827954v3
CITY OF TEMECULA
Office of the City Clerk
41000 Main Street, Temecula, California 92590
CONSENT TO RECORDATION PURSUANT TO
GOVERNMENT CODE SECTION 7050
This is to certify that the City of Temecula, a California municipal corporation, hereby
consents to the recordation of the attached "IRREVOCABLE OFFER OF DEDICATION OF
REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 7050
(CONSERVATION EASEMENT)" pursuant to Government Code Section 7050. The purpose of
this Consent to Recordation is to provide record notice of said Irrevocable Offer of Dedication.
Pursuant to Government Code Section 7050, said offer of dedication is irrevocable and
may be accepted by the City of Temecula at any time. Any such acceptance will require formal
action by the City Council of the City of Temecula. The City of Temecula shall neither incur any
liability nor assume any responsibility for the real property interests described in said Irrevocable
Offer of Dedication until such time as the City of Temecula accepts the Conservation Easement
by formal action. Further, pursuant to the terms of the IRREVOCABLE OFFER OF
DEDICATION OF REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION
7050 (CONSERVATION EASEMENT), the City of Temecula may transfer its interest in said
Irrevocable Offer Of Dedication and Conservation Easement after acceptance,
Dated:
CITY OF TEMECULA, a California municipal
corporation
Aaron Adams, City Manager
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
11086.0203/2827954v3
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Roripaugh Project Order No.: 989-25008238-A-SG4
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF TEMECULA, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18022, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF
RIVERSIDE COUNTY, CALIFORNIA.
APN: 957-090-022-2
EXHIBIT A
-I-
F,XHIRIT R
LEGAL DESCRIPTION OF CONSERVATION EASEMENT
EXHIBIT A TO EXHIBIT 0
LEGAL_ DESCRIPTION OF CONSERVATION EASEMENT
APN- 957-090-022
NGOITRAN PROPERTY
That portion of Parcel 3 of Parcel Map No. 18022, in the City of Temecula. County of Riverside,
Slate of California, as shown on the Map recorded in Book 112, Pages 28 and 29 of Parcel Maps,
in the Office of the Country Recorder of said Riverside County, described as follows;
COMMENCING at the southwesterly corner of said Parc9 3, said paint being on the northerly
Right of Way line of Nicolas Road (55.00 foot half -width);
Thence along the westerly line of said Parcel 3 North 09°10'13" West 45.00 feet to the TRUE
POINT OF BEGINNING,
Thence continuing along said westerly line North 09°10'13" West 70-48 feel;
Thence leaving said westerly line North 49`27'43" East 324.31 feet;
Thence North 81'24'24" East 39.37 feet to the easterly line of said Parcel 3;
Thence along said easterly line South 08'10'35" East 144.72 feet -
Thence leaving said easterly line Soulh 82'07'37" West 31.88 feel;
Thence South 09°42' 1' 0" East f 11.13 feet:
Thence South 83"17'39" West 76.48 feet;
Thence South 85°2+4'51" West 152.81 feet;
Thence South 81 °36'16" West 52.27 feet to the TRUE POINT OF BEGINNING.
Containing 1.17 Acres, or 51.003 Square Feet. more or less
This description was prepared
by me or under my direction. p,� MV4
4
L Date: - 2a * ougLlETTE
No. 758E
Jo Duquette, P 7566 IPA �a
Michael Baker International September 2, 2070
40810 County Center Dave, Suite 200 JN 175051
Temecula, CA 92591 Page 1 of 1
EXHIBIT B
-I-
TV7T7n7T d"
DEPICTION OF CONSERVATION EASEMENT
CONSERVATION EASEMENT'
APN; 957-090-022
NGO/TRAM PROPERTY
DATA TABLE
BEARINGjDELTA
LENGTH
N09°10'13"w
45.00
2
N09' 10' 13'w
70.48'
3
N49 27'43"E
324.37
4
N81'24'24"E
39.37'
5
N08 10' 335"W
144.p7p2'
6
N82'07r37"E
31 .88'
i
N48"42'10"W
111.13
s
N83'17'39 E
66.48'
9
N85 24'51"E
152. 1
10
N81°36'16"E
52.27'
50 30 0 80
SCALE: 1"=60'
JOHN A. �
a OUQuETTE
7565 � .-�•
1 d,
TPOB
r
POC = POINT OF COMMENCEMENT SHEET 1 Of 1
TRaB TRUE POINT OF AEG I NPR I NG Michael
( } = ker
INDICATES RECORO DATA PER • ,
PAS 18022, PM8 1 12 f 28-29 1 N T E R N A T f 0 N A L
EXHIBIT C
-I-
VYUIRTT D
FORM OF CERTIFICATE OF ACCEPTANCE
Recording Requested by and when recorded
return to:
CITY OF TEMECULA
Attention: City Clerk
41000 Main Street
Temecula, California 92590
[SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY]
Assessor's Parcel No. 957-090-022 [X] Portions
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383),
Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
CERTIFICATE OF ACCEPTANCE OF DEDICATION OF CONSERVATION
EASEMENT
(Government Code Section 27281)
The City of Temecula, a California municipal corporation ("City"), hereby accepts the
irrevocable offer of dedication for the Conservation Easement, and all uses necessary or
convenient thereto made by Lam Ngo and Huyen Lam Tran, husband and wife as joint tenants
(collectively "Grantor") in favor of the City in that certain IRREVOCABLE OFFER OF
DEDICATION OF EASEMENT PURSUANT TO GOVERNMENT CODE SECTION 7050
(CONSERVATION EASEMENT) dated and recorded in the Official Records
of the County of Riverside on as Document No.
The City hereby certifies that it accepts the dedication of the Conservation Easement, and
all uses necessary or convenient thereto described on EXHIBIT B and depicted on EXHIBIT C to
said IRREVOCABLE OFFER OF DEDICATION OF EASEMENT PURSUANT TO
GOVERNMENT CODE SECTION 7050 (CONSERVATION EASEMENT), and incorporated
herein by this reference, on behalf of the public for conservation easement purposes pursuant to
the authority granted by the City Council of the City of Temecula by Resolution No.
On , the City Council adopted Resolution No. accepting said
irrevocable offer of dedication of the Conservation Easement pursuant to Government Code
Section 7050 and authorized the City Manager to execute the Certificate of Acceptance. Pursuant
to the terms of the IRREVOCABLE OFFER OF DEDICATION OF EASEMENT PURSUANT
TO GOVERNMENT CODE SECTION 7050 (CONSERVATION EASEMENT), the City is
EXHIBIT D
-1-
authorized to transfer its interest to Grantee FALLBROOK LAND CONSERVANCY, a California
non-profit corporation at any time after the recordation of this Certificate of Acceptance.
Dated:
CITY OF TEMECULA, a California municipal
corporation
M.
Aaron Adams
EXHIBIT D
-2-
FYlr4TRTT F.
COVER PAGE OF MITIGATION PLAN
Mitigation Plan on file in Public Works Department of City of Temecula
HELIXirW
Nicolas - Celle Giral Roach and
Channel Improvemenfs Project
Habitat Mitigatlon and Monitoring Plon
August21.2019 I RVR-W
Prepared for.
Roripaugh Ranch JDA
c}o Decatur Advisors LLC
PO Bcx 2016
Carlsbad, CA 92018
Prepared by -
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91242
EXHIBIT E
-I-
EXHIBIT F
TITLE REPORT
[NOTE: The attached Title Report is dated April 7, 2020. This Exhibit will be updated at
the time of Acceptance.]
EXHIBIT F
-I-
0 Fidelity National Title Company
4210 Rive rwalk Parkway, Suite 1,00, Riverside, CA 92505
Phone: (951)71M@(10- Fax: (9551)710-5955
Issuing Policies of Fidelity National Title Insurance Company
Title Officer- Steven GomezfAndrew Margo {BS-W Order Vo.: 989-2; 008_38-A-SC,4
Escrow Officer: Builder Services OAC
TO:
Decatur Advzo s I.LC
P.O. Boa 2016
Carlsbad: CA 92018
ATTN_ .Thamaa A. Fuller
YOUR REFERENCE: Rorip9ngh Project
PROPERTY ADDRESS: 31149 Indian Sommer Road, Temecula, CA
'MENDED PREL]INMURY REPORT
In response to the application for a policy 0 title insuramv rgferenced herobf, Fidelity' National Tide CnrorpaFry hersbn
report that it is prepared to rs-us. or a use to be is-aed, as of the data haregf a policy or policies of tills insurance
describing the laird and the estate or interest therein hereing0or sal forth, insuring against loss which may be :Lutatned In
reason of any dafmt, lien or aorrumbrance trot shown or FgAwred to as an exception herein or not excluded from coverage
pursrrantto the printadSchsdulas, Conditions and Stipulations or Conditions ofsaidpolrriuforms.
no printed Exceptions and Exclusions franc: the coverage and Limrdarwns on Covered Risks gfsaidpoliay orpalieias are set
forth m -attachment one. no polrriu to be issued mom' contain air arbrttrattorr clause. When the AMO.U?rt of Iiisararice is less
than that sat jurth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or
As Insured as the sxcZrsike rerae4' of the panics. Limitations on Covered Rislo applicuble ro the C'LTA and ALTA
Homeowner's Policies of Title hisurance which establish a Deductible Amount and a Maximum Dollar Limit of Lia6iRV fvr
certain col ages are also sat forth in _ vachinanf Cns. Copies of the policy forms should be read. TlieV are available from
the o cw which issued this: report.
This report (arid aRv srvppleme= or amendment. liererv) is issued scleb.' far the purpose gf fiacildaring the issrvattca of a
policy of title iasurarma and no biabilh�v is assumed hereby'_ Tf it is desired that liabilil�v bw aszamed prior W the issnao ce of a
policy of tine irisurarice, a Binder or Commitment should be reguezied.
The po2iriu(s) of ri8a insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a
Calornia Corporation.
Plea Se read the OXCeptioNf Sho,i'rr oi' referred tit herein aNd the excepnOrrS arrd e-%'Chd SiOrr S SeF fOF-lk iN _-irrachment 49Ne Of
tkis reparr Ceref7iUy. The exceptions arrd Lxchrsiams ai'i meaNF rOprOrrdi i'oN 1riFh Nohci of matters whirb are Not Covered
Nrribpr thi rer'm5 of thi tale iNfnrarrCCpoUey arrd fhaid bd be can?fmffy COrrSrdered
IF is iMP1V)'WQrr1 FO note Brat tkrf prCl!!1llrrapy report is Not a w;irren veprefeNranOrr aS to the CondihoN of tale amd mai' Arar
list cbl hems, defiers and enruatbrarrees affecting rifle to the laid_
Countersigned by:
C1 �
Authorized Signature
EXHIBIT F
-2-
0 Fidelity National Title Company
4210 Riverwalk Parkway, Suite 100, Riverside, CA 92505
Phone: (951)71M900• Fax: (951)710-W55
AMENDED PREMM Rii REPORT
EFFEC ID-E D_kTE: April 7, 20;0 at 7:30 a.m.} Amended: April15, 2024)r Amendment Ilia, _k
ORDERItiO,: 999-29008238 A-SG4
The farm of policy or policies of title insurance contemplated by this report is:
ALIA Standard Owners Policy
1_ THE ESTATE OR kF=ST DT THE LAUD HEREINAFTER DESCRIBED OR REFERRED TO CO''F.RF.T}
BY TIM REPORT I5:
A FEE
2_ TTTLE TO Sam ESTATE OR INTEREST AT THE DATE HEREOF IS 'VESTED 2 :
LAM NGO AtwD HT.-17-1ti LAM TR2-N, bu.sb and and wife as joint tenants
3_ THE LAND REFERRED TO DT THIS REPORT IS DESCRIBED AS FOLLOWS:
See Eshibit A attached hereto and made a part hereof.
EXHIBIT F
-3-
PRELLMD ARY REPORT FidO# h atianm] Title UmWmy
Your R.Efeienre: Rmtwugh Project Drdu Na.= 989-25098238-A-SG4
E30MIT A
LIEGAL DESCRIPTION
THE LAUD REFERRED TO HER=%T BELOW IS SITUATED IN THE CTTY OF TEMECULA. IN THE COU%]TY OF
RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED A5 FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18022. IN THE CITY OF TEMECULA. COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 112. PAGES 28 AND 29 OF PARCEL MAPS, RECORD S OF
RIVERSIDE COUNTY, CALIFORNIA.
APN: 957-090-022-2
EXHIBIT F
-4-
PRELIhtIT RY REPORT FidEbty NadGnal Title Company
Your Reference: RoripzuA Project Orde=N4.: 9t 9-2a0t Z38-A-SG4
EXCEPTIONS
AT THE DATE HEREOF, FI' MS TO BE CONSH)ERED _�-N-D E-XCEPTIONS IO COVERAGE L� ADDITION
TO THE PRINTED EXCEPIIONS -D LICL-;SIGNS L� SAIlI POLICY TOR -If WO-U-M BE A5 FOLLOWS -
A.
B_
C_
Property taxes, which are a lien not yet due and payable: including any assessments collected with taxes to be levied
far the fiscal year 2020-2021
Property taxes, including any personal property taxes and any assessments collected wrth taxes, are as follows:
Tax Identifiication -No.:
Fiscal Year:
I st installment-
2nd Installment:
Homeowners Exemption:
Code Area:
957-090-022-2
2019-2020
$1,961.38, DELINQ[T=
$1,999.44, DELINQUMTi
$0.00
013-016
Said property has been declared tax defaulted for non -Payment of delinquent taxes for The Emal year 2015-2016.
APN No.: 957-094-022-2
Amounts to redeem for the above -stated fiscal year (and subsequent years if any) are:
Amount: $15,726.56,byApril 34, 2420
D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the proszsions of
Chapter 3.5 (commencing with Section 75) or Part', Chapter 3, Articles 3 and 4, respecE ely, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a
remk of changes in ownership or new construction occurring prior to Date of Policsr_
E. The herein described land lies within the boundaries of Community Facilities District No_ 99-4 as disclosed by
"Notice of Special Tax Authorization? recorded September 21: 1M8 as Instrument -No. 272180 of Official Records_
1_ Water rights; claims or title to water, whether ar not disclosed by the public record-
2- The fact that all natural watercourses as shown on said Parcel Map must be kept free of all buildings, obstructions
and encroachments by land fills_
3. Coyenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to
those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap,
national ongib citize3l-,W, immig atioo status, primary language_ ancestry, source of income, gender, gender
identity, gender expression, medical condition or genetic information. as set forth in applicable state or federal laws,
except to the extent that said cosuenant or restriction is permitted by applicable law, as set forth in the document
RecDrdmg Date: December 06, 1968
RecDrding ND: l 19457 Df Official FL -cords -
Said cDrenamts_ conditions and restrictions prorzde that a -.zalation thereof shall not defeat the lien of any mDrtgage
or deed Dftnvt made in good faith and farralue.
EXHIBIT F
-5-
PRELIIMB ARY REPORT
Your Rxyerenre: Roriwugh Prajert
EXCEPTIONS
{Continued]
MGdif atiom(s) of said ccnvnants, conditions and restrictions
Fidelity Natiowl Title Cbmpany
OrdesNo.= 99i-25M23&A-5G4
Recording Date:
January 02, 19b9
RecordineNo:
l 10 of Official Records
and Recording Date:
October 02, 1969
and Recardmg No:
101054 o f Official Records
and Recardmg Date:
December 22, 1970
and Rec41'dtng Na:
128173 o f Official Records
4- Easement(s) for the purposes) shomm below and rigbr, incidental thereto as set forth in a datument:
In favor of:
,5authem Cahforma Edison Company
Purpose:
Underground telephone, telegraph communications and electric lines
Recording Date=
March 11. 1969
Recording No:
23694 of 0flieia- Reeoras
Affects:
Underlying p-p-,ty
5- The ownership of said Land does not include rights of access to or from the street, hi*way, ar freeway abutting said
Land, such rights ha%ing been relinquished by said may.'plat.
Af wts:
Nicolas Road
fi- E.n% rxmmnnfal Constraint Sheet as set forth :in a document and w rep-ealed by the recital an the map, both as set
forth below:
Map - Recording NO.: Parcel Ma-P - o. IM2
7- Matters contained in that certam document
Entitled:
Agency Agreement No. 1761
Dated:
January 14, 1988
Executed bv:
Sar Ming Rang and Aigen D. Wong and Ranebo Califamia 'Water District, a public
corparatian
Recordmg Date:
March 22, 1988
RecordmeNo:
198 8-74107 of Official Records
Reference is hereby made to said document for fall particulars
S- A lien for the amount shown below and any other amount} due,
Amount: $317.77
Claimant: Rancho California Water District
Nature of Claim: Delinquent water charges
Recording Date: October 07, 2013
RecordmgNo: 2013-04821310 of Official Records
9- IntmtwnallyDeleted
EXHIBIT F
-6-
PRELM]h Y REPORT Fidelity Kst Gwl Title Cempam
Your Reference: Roripaugh Project CgAu No.: M-Z6M238-A-SG4
EXCEPTIONS
(Continued)
10. Alien for the amount shonm below and amv other amcmnt due,
Amount:
46338
Claimant:
Rancho CaLfwau Water District
Nature of Claim:
D --I mquent water charge:
Recording Date:
lane 23, 2016
Recording No:
2016-0257557 of Official RecolcL
11. A hem for the amiount shonm
below and aav other amounts due,
Amount:
$46338
CLUmant:
Rancho CaLfwnaa Water District
Nature of Claim:
Delinquent hater charges
Record.mg Date:
June 23, 2016
Recording No:
2016-0257558 of Official Records
12. Any right} of the parties
in possession of a portiom A or all of, said Land, -which rights are not disclosed by the
public records.
The Company will rem e, for reszew, a fall and complete copy of any unrecorded agreement, eomteaet license
am or lease, together wild all supplements, assignments and amendmems thereto, before issuing- any policy of title
ins ranee without excepting this item firm coverage.
The Company reserses the right to except additional items and+or make additional requirements a$er resievring said
documents_
13. Matters which may be disclosed by an inspection amdlor by a correct ALTAJNSPS Land Title Survey of said Land
that is satisfactory to the Company, mid/orby inquiry of the parties in possession thereof
14. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should has-e knowledge
of any outstanding obligation, please contact the Title Department irormadiately for fintherrniesr prior to closing_
PLEASE REFER TO THE ��FORMATID U DOTES'' YD 'REQU EMENTS" SECTIONS'"RICH
FOLLOW FOR LNTDR_ILiIION NECESSARl TO COMFLEIE IRIS TRt N&JLCTION.
END OF EICEPTIONS
EXHIBIT F
-7-
FRELL iIT; RY RE -PORT Fidelity Tti atianal Title Company
Four Rxference: Ronpmugh Praaect Orde=N4.: 999-2501I M-A-5G#
REQUMEMINTS SECTION
I- Iu order t4 camplete this report, the Company requires a Statement of Infw=tiGn t4 be eGmpleted by the following
Party(s),
Party(s)= All Parties
The Company reserves the rift to add additional items or make feather mquir ments after review of the requested
Statement of Information.
NOTE: The Statement of lnfmmation is necessary to -complete the search amd examination of title ender this order.
Any title search includes matters that are indexed by mare only, and hasmg a completed Statement of
Imifi=atiom assists the Company in the elimination of certain matters which appear to imohe the parties
but im fact affect another party with the same or similar name- B.e assured that the Statement of Information
is essential and will be kept strictly confidential to this file.
END OF REQ-L, IREMEI'TS
EXHIBIT F
-8-
PRELINUh ARY REPORT
Your Refereme: Ronporgh Praaett
E'%-fORK-MOI #L NOTES SECTION
F�id�elyi�ty National Title C�pM / y
The policy of title Lnnirance will include an arbitration provision. The Company or the insured may demand
arbitration_ Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising Curt of or relating to this policy, any service of the Company in connection with it} issuance
or the breach of a policy prinision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you sash to re6ew the arbitration provisions and any other p¢misions pertaining to your
Title hisurnce coverage.
7 There are NO conveyances affecting said Land recorded within 24 mouths of the date of this report
Steven GG= Andrew Margo (BS- Dal_ 1
EXHIBIT F
-9-
EXHIBIT G
CURRENT NATURAL CONDITION OF THE EASEMENT AREA
(Exhibit depicting Current Natural Condition of the
Easement Area will be Provided at Time of Acceptance)
EXHIBIT G
-I-
F,XHIRIT H
COVER PAGE OF LONG-TERM MANAGEMENT PLAN
Copy of Long Term Management Plan on File in City of Temecula Public Works Department
HELIX
rrrring
Nicolas Road/Gallo Girasol
Intersection Improvements
Project
Long-term Management Plop
August 2020 1 RVR-03
Prepared for
Roripaugh Ranch JDAOwners
c/o Decolur Advisors LLC
PO Box 2316
Carlsbad, CA 92016
Prepared by.
HEUX Environmental Planning, Inc.
7578 E1 Cajon Boulevard
La Mesa, CA 91942
EXHIBIT H
-I-
EXHIBIT 2
FORM OF GRANT OF TEMPORARY CONSTRUCTION EASEMENT
AND COVENANT FOR CONSTRUCTION OF
CERTAIN PERMANENT IMPROVEMENTS
11086.0203\2828622v1
Recording requested by
and when recorded return to:
CITY OF TEMECULA
Attention: Randi Johl, Director of
Legislative Affairs, City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92590-2764
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-090-022 [X] Portion
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees
(Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev &
Tax Code § 11922).
GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF CERTAIN PERMANENT IMPROVEMENTS
This Grant of Temporary Construction Easement Agreement and Covenant for
Construction of Permanent Improvements (TCE Agreement and Covenant) is entered into as of
the date set forth below by and between Lam Ngo and Huyen Lam Tran, husband and wife as joint
tenants (collectively Grantor below), and the CITY OF TEMECULA, a municipal corporation
(City).
RECITALS
WHEREAS, Grantor is the record fee owner of that certain real property located at 31249
Indian Summer Road, Temecula, California identified as Riverside County Tax Assessor's Parcel
Number 957-090-022 (Grantor's Property) described more particularly in EXHIBIT 1 attached
hereto and incorporated herein by this reference.
WHEREAS, City seeks to construct certain public street, drainage, and related
improvements in connection with the extension of Nicolas Road from Butterfield Stage Road to
the Calle Girasol/Nicolas Road Connection, Project Number LD 19-4050 (Project).
WHEREAS, Grantor desires to grant to the City and the City desires to acquire from
Grantor an approximate 83,324 square foot Temporary Construction Easement with a term of
twelve (12) months on Grantor's Property to facilitate the City's construction of the Project,
subject to the terms and conditions set forth herein.
WHEREAS, portions of Grantor's Property are located in the floodway and based on said
location, it is necessary for the City to construct certain permanent improvements on Grantor's
Property in connection with the Project, including but not limited to the installation of riprap slope-
11086.0203\2828622v1
erosion protection, which are more particularly described below. Grantor acknowledges receipt
of a copy of the proposed plans for the Project and desires to authorize the City to construct said
permanent improvements on Grantor's Property.
NOW THEREFORE, for good and valuable consideration, receipt and sufficiency of which
are hereby acknowledged, Grantor and the City agree as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants to the City an
approximate 83,324 square foot Temporary Construction Easement with a term of twelve (12)
months (Temporary Construction Easement) on Grantor's Property to facilitate the construction
of the public street and related improvements in connection with the Project. The Temporary
Construction Easement is described more particularly on EXHIBIT A labeled "Legal Description
Temporary Construction Easement" and depicted on Exhibit B labeled "Depiction of Temporary
Construction Easement — APN: 957-090-022, Ngo/Tran Property". EXHIBIT A and EXHIBIT B
are attached to this TCE Agreement and Covenant are incorporated herein by this reference.
2. Commencement of Temporary Construction Easement. The term of the Temporary
Construction Easement will commence thirty (30) calendar days after the date on which the City
notifies Grantor in writing that it will commence its construction of the Project. The day that is
the 30th calendar day after the date of said notice is the "Commencement Date" of the Temporary
Construction Easement.
Scope of Temporary Construction Easement.
a. The Temporary Construction Easement is for the use by the City, its
contractors, subcontractors, employees and agents (collectively City Designees) for said
twelve (12) month period and the purpose and scope of this Temporary Construction Easement is
to facilitate the City's construction of the Project, including, without limitation, use of the
Temporary Construction Easement for construction staging purposes, storage of equipment and
material in connection with the City's construction of the Project.
b. City and City Designees also have the right to use the Temporary
Construction Easement area to construct the permanent improvements described more particularly
in Section 5 below within the area of the Temporary Construction Easement on Grantor's Property.
4. No Liens. The City agrees to keep the Temporary Construction Easement free of
any liens including, without limitation, liens by contractors, subcontractors, or suppliers,
engineers, architects, surveyors, or others that may have lien rights for work, arising out of the
City's use of the Temporary Construction Easement in connection with the construction of the
Project. If any such lien is filed on Grantor's Property in connection with the City's use of the
Temporary Construction Easement, the City will, at its sole cost and expense, have the lien released
and discharged of record in a matter satisfactory to the Grantor within thirty (30) calendar days of
receiving notice of the lien. If the City fails to remove the lien within such thirty (30) day period,
Grantor will have the right to remove the lien, and City, upon demand, will reimburse the Grantor
for all costs and expenses, including without limitation attorneys' fees incurred by Grantor in
connection with such removal.
11086.0203\2828622v1
5. Covenant Running with the Land — Covenant for Construction of Certain
Permanent Improvements on Grantor's Property. Grantor hereby covenants and agrees that in
consideration for payment of compensation from the City and for other good and valuable
consideration, the City and the City Designees also have the right to construct certain permanent
improvements on portions of the Temporary Construction Easement area, including, without
limitation, riprap slope -erosion protection, in the area described more particularly in EXHIBIT C,
which is attached hereto and incorporated herein by this reference. Grantor agrees and
acknowledges that City and City Designees will have no responsibility for maintenance of the
permanent improvements described in EXHIBIT C hereto after the City's construction of the
Project and that Grantor is solely responsible for all costs of maintenance of said permanent
improvements. This covenant for construction of certain permanent improvements described on
EXHIBIT C hereto in the area of the Temporary Construction Easement is a covenant running
with the land and is binding upon Grantor, Grantor's heirs, executors, administrators, successors,
and assigns and on any party that has an interest in Grantor's Property. Grantor consents to and
acknowledges that the Covenant for Construction of Certain Permanent Improvements contained
in this TCE Agreement and Covenant will be recorded in the Official Records of the County of
Riverside, California.
6. Termination of City's Right to Use Temporary Construction Easement. The
Temporary Construction Easement will expire on the earlier to occur of (a) twelve (12) months
after the Commencement Date or (b) the date that the City records a Notice of Termination of the
Temporary Construction Easement in the Official Records of the County. Upon the expiration of
the Temporary Construction Easement, the City agrees to take such actions as the Grantor may
reasonably request to evidence and give effect to the extinguishment of the City's use of the
Temporary Construction Easement and the relinquishment of the City's rights and interests in the
Temporary Construction Easement pursuant to this TCE Agreement and Covenant.
7. Insurance. Prior to entry on the area of the Temporary Construction Easement, City
will cause its contractor for the Project to procure and maintain a policy of general commercial
liability insurance naming Grantor as additional named insured covering any and all claims,
demands, and causes of action against Grantor arising out of or pertaining to the use of the
Temporary Construction Easement by or activities of City's contractor pursuant to this TCE
Agreement and Covenant. Such insurance will be maintained in force during the term of the
Temporary Construction Easement. The contractor shall procure and maintain, for the duration of
the contract, insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the performance of the work by the contractor, its agents,
representatives, employees or subcontractors.
a. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) General Liability Form No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the contractor owns no automobiles, a
non -owned auto endorsement to the General Liability policy described above is acceptable.
11086.0203\2828622v1
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the contractor has no employees while
performing under this contract, worker's compensation insurance is not required, but contractor
shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance: The contractor shall maintain limits no less
than:
(1) General Liability: Two Million Dollars ($2,000,000) per occurrence
for bodily injury, personal injury, and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this Project/location or the general aggregate limit shall be twice the
required occurrence limit.
(2) Automobile Liability: One Million Dollars ($1,000,000) per
accident for bodily injury and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.
(4) Deductibles and Self -Insured Retentions: Any deductibles or self-
insurance retentions shall not exceed Twenty -Five Thousand Dollars ($25,000).
C. Other Insurance Provisions: The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) City, Temecula Community Services District, Successor Agency to
the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers are to
be covered as insureds as respect to liability arising out of activities performed by or on behalf of
the contractor; products and completed operations of the contractor; premises owned, occupied or
used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City, Temecula
Community Services District, Successor Agency to the Temecula Redevelopment Agency, their
officers, officials, employees, agents or volunteers.
(2) For any claims related to this Project, the contractor's insurance
coverage shall be primary insurance as respect to City, Temecula Community Services District,
Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees,
agents and volunteers. Any insurance or self-insurance maintained by City, Temecula Community
Services District, Successor Agency to the Temecula Redevelopment Agency, their officers,
officials, employees, agents and volunteers shall be excess of the contractor's insurance and shall
not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to City, Temecula
Community Services District, Successor Agency to the Temecula Redevelopment Agency, their
officers, officials, employees, agents and volunteers.
11086.0203\2828622v1
(4) The contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(5) Each insurance policy required by this TCE Agreement and
Covenant shall be endorsed to state in substantial conformance to the following: if the policy will
be cancelled before the expiration date the insurer will notify in writing to City of such cancellation
not less than thirty (30) days prior to the cancellation effective date.
(6) If insurance coverage is cancelled or, reduced in coverage or in
limits the contractor shall within two business days of notice from the insurer, phone, fax, and/or
notify City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
(7) Course of construction policies shall contain the following
provisions: (1) additional insured shall be named as loss payee, and (2) the insurer shall waive all
rights of subrogation against entity.
d. Acceptability of Insurers: Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to City.
Self-insurance shall not be considered to comply with these insurance requirements.
C. Verification of Coverage: Contractor shall furnish 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 City. All endorsements are to be received and approved by the City before
work commences. As an alternative to City's forms, the contractor's insurer may provide
complete, certified copies of all required insurance policies, including endorsements affecting the
coverage required by these specifications.
f. Subcontractors: Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. City's Obligations on Termination of Term of Temporary Construction Easement.
The City agrees that, as of the termination date of the Temporary Construction Easement, the City
will remove any construction equipment and materials stored in the area of the Temporary
Construction Easement in connection with the Project. Further, the City will cause the City
Designees to replace with material and like quality any hardscape, landscaping, and improvements
located in the area of the Temporary Construction Easement that are damaged in connection with
the City's use of the Temporary Construction Easement for the construction of the Project. Grantor
acknowledges that the permanent improvements constructed in the area of the Temporary
Construction Easement and described in EXHIBIT C will remain on Grantor's Property after the
construction of the Project.
9. Maintenance of Permanent Improvements on Grantor's Property. Upon the
expiration of the Temporary Construction Easement, Grantor shall, at Grantor's sole cost and
expense, operate, maintain, repair and replace (as applicable) the permanent improvements
11086.0203\2828622v 1
constructed on Grantor's Property within the Temporary Construction Easement area described on
EXHIBIT C hereto and all installations connected thereto, in good condition and repair and
otherwise in compliance with all applicable laws.
10. Notices. All notices and demands will be given in writing by certified mail, postage
prepaid, and return receipt requested, or by personal delivery. Notices will be considered given
upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United
States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business
day following deposit with an overnight carrier service. A copy of all notices will be sent to
Administrator for and on behalf of the Owners. The parties will address such notices 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 will thereafter be given as demanded in that notice:
City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
Copy to: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
Grantor: Lam Ngo and Huyen Lam Tran
13341 Wilson Street
Garden Grove, California 92844
11. Miscellaneous Provisions.
a. Any amendments to this TCE Agreement and Covenant must be in writing
and duly executed by both Grantor and the City.
b. This TCE Agreement and Covenant will be construed and interpreted under,
and governed and enforced according to the laws of the State of California.
C. This TCE Agreement and Covenant contains the entire agreement between
the Grantor and the City regarding the Temporary Construction Easement and construction of
certain permanent improvements within the Temporary Construction Easement portion of the
Grantor's Property.
d. Except as otherwise provided herein, the provisions of this TCE Agreement
and Covenant will be binding on and inure to the benefit of the parties hereto and their respective
heirs, successors and assigns.
e. This TCE Agreement and Covenant may be executed simultaneously in one
or more counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument.
11086.0203\2828622v1
f. Each party has reviewed this TCE Agreement and Covenant and each has
had the opportunity to have its respective counsel and real estate advisors review and revise this
TCE Agreement and Covenant and that any rule of construction to the effect that ambiguities are
to be resolved against the drafting party will not apply in the interpretation of this TCE Agreement
and Covenant or any amendments or exhibits thereto.
g. If any part, term or provision of this TCE Agreement and Covenant 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 each party will be
construed and enforced as if this TCE Agreement and Covenant did not contain the particular part,
term or provision held to be invalid.
[SIGNATURES TO FOLLOW]
11086.0203\2828622v1
IN WITNESS WHEREOF, the Grantor and the City have entered into this TCE Agreement
and Covenant as of the date set forth below.
GRANTOR
LAM NGO AND HUYEN LAM TRAM,
husband and wife as joint tenants
Dated:
Lam Ngo
Dated:
Huyen Lam Tran
CITY OF TEMECULA,
a municipal corporation
Dated:
Aaron Adams, City Manager
ATTEST:
In
Randi Johl, JD, CMC
City Clerk
APPROVED AS TO FORM:
Peter M. Thorson,
City Attorney
11086.0203\2828622v1
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 of notary)
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 of Notary:
11086.0203\2828622v1
(Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of
On , before me,
(insert name of notary)
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 of Notary:
11086.0203\2828622v1
(Seal)
EXHIBIT 1
LEGAL DESCRIPTION OF GRANTOR'S PROPERTY
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW I SITUATED IN THE CITY OF TEMECULA, IN THE: COUNTY OF
RIVERSIDF, STATE OF CrAI_IFORNIA, AND 1S DESCRLAFD AS TOLI_C WS:
PARCEL 3 OF PARCEL, MAP NO. 1 M2. IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA_ AS SI10"KN BY MAP ON FILE IN BOOK 112, PAGES 28 AND 29 OF PARCEL MAPS, RECORDS OF
RIVERSIDE C'i.?l1NTY.CALIFORNIA.
MN, 957-090-WI-2
Exhibit 1
EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
APN; 957-090-022
NOOrrRAN PROPERTY
That portion of Paroef 3 of Parcel Map Nc. 1$0 2, in the City of Temecula. County of Riverside,
State of California, as shown on the Map recorded in Bonk 112, pages 28 and 29 of Parcel hasps,
in the Office of the County Recorder of said Riverside County. described as fallows:
BEGINNING at the southwesterly corner of said Parcel 3, said point hung on the nDrtherly Fight
of Way line of Nicolw5 Road (, 5.00 foot half th);
Thence along the westerly line Qf said Parcel 3 North 09'1013' West 167.45 feet, -
Thence leaving sald line-Norttr 49' 11'16- East 327.72 Feet;
Thence Nortb 81 `49'25' East 3B.23 feet to the easterly dine of said Parcel 3;
Thence along said easterly line South 08'10'35" East 342.97 feet to the southerly line of Parcel 3;
Thence along said 50uthedy lirle South 81`36'16" West 311.31 feet to the POINT OF
BEGINNING.
untaining 1.91 acres, or 83,324 Square Feel, more or Iess
This description was prepared
ley me or under my d irecGon,
1y 4L `�'0
R_ Duquette, S 7566dL ra w a.
0 No 7605
Michaei Baker IntemWional SeptiaMher 2, 2020
40810 County Center Drive, Suite 200 JN 175051
Temecula, CA 92591 Page 1 or 1
EXHIBIT A
11086-0203\2828622v1.doc -1-
EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
APN: 957-090-022
NK/TRAN PROPERTY
60 30 0 60
SCALE: 1"=60'
ry 1
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( } = NDI CATES RECORD DATA PER
PM 18022, PMB 112/26-29 {
DATA TABLE SHEET 1 Cf
0 KARING/MLTA LENGTH BakerMichael '
1 NBrt 49 25"E 38.23' 1NTERNAT10NAL
EXHIBIT B
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED WITHIN
TEMPORARY CONSTRUCTION EASEMENT PORTION OF GRANTOR'S PROPERTY
GLJ
i
APN: 957-090-022
NGO TRAM PROPERTY
40
40
.00
00
60 NIC LA ROAD
LEGENi
a ,TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IWROVEhENTS
RIP FLAP SLOPE EROSION PROTECTION
CO VATION EASEMENT
I I086-0203\2828622v1.doc - I -
INTERNAT10NAL
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 11, 2023
CALL TO ORDER at 6:44 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 Brown, Second by Schwank. The vote reflected
unanimous approval.
12. Approve Action Minutes of June 13, 2023
Recommendation: That the Board of Directors approve the action minutes of June 13, 2023.
13. Approve Agreement with Anthony J. Moramarco dba Bigfoot Graphics for Graphic Design,
Event and Professional Goods and Services
Recommendation: That the Board of Directors approve the agreement with Anthony J.
Moramarco dba Bigfoot Graphics for graphic design, event and
professional goods and services.
14. Approve Agreement with BAMM Promotional Products, Inc. for Screen Printing, Embroidery,
Artwork, and Promotional Items
Recommendation:
That the Board of Directors approve the agreement with BAMM
Promotional Products, Inc. for screen printing, embroidery, artwork, and
promotional items.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 6:55 PM, the Community Services District meeting was formally adjourned to Tuesday, July 25, 2023
at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers,
41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Approve Temecula Community Services District 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 ADOPTING RATES AND CHARGES
FOR SERVICE LEVEL B – RESIDENTIAL STREET LIGHTING,
SERVICE LEVEL C – PERIMETER LANDSCAPING, SERVICE
LEVEL D – RECYCLING AND REFUSE, AND SERVICE
LEVEL R – EMERGENCY UNPAVED ROAD MAINTENANCE
SERVICES FOR FISCAL YEAR 2023-24
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.
Property owners pay only for the TCSD services used or made available to their property through
separate rates and charges on their property tax bills. The Community Services, Parks and
Recreation and Service Level A Rates and Charges previously levied by the TCSD were replaced
by the City’s Parks/Lighting Services Special Tax, approved by the voters as Measure C on March
4, 1997. Although the TCSD continues to operate and maintain the parks and recreational facilities
through a cooperative agreement with the City, the actual levy budget for the special tax is
scheduled to be considered and approved by the City Council on July 25, 2023.
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. 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 ADOPTING RATES AND
CHARGES FOR SERVICE LEVEL B — RESIDENTIAL
STREET LIGHTING, SERVICE LEVEL C — PERIMETER
LANDSCAPING, SERVICE LEVEL D — RECYCLING AND
REFUSE COLLECTION, AND SERVICE LEVEL R —
EMERGENCY UNPAVED ROAD MAINTENANCE
SERVICES FOR FISCAL YEAR 2023-24
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. By previous
resolution, the TCSD proposed to continue such rates and charges for the operation,
maintenance, service and administration of residential street lighting, perimeter landscaping,
recycling and refuse collection, and emergency unpaved road maintenance services for Fiscal
Year 2023-24.
Section 3. Pursuant to Government Code Section 61115, the TCSD caused a written
report ("Report") to be prepared and filed with the Secretary of the TCSD, which 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 Fiscal Year 2023-24 Engineer's Report, 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. By previous resolution, the Board of Directors acknowledged the filing of the
Report and appointed a time and place for a public hearing on the Report and the proposed rates
and charges. Notice of the public hearing was mailed as required by law on June 9, 2023, calling
for a public hearing on July 25, 2023. Notice was published as required by law and affidavits of
publication and mailing are on file with the Secretary of the TCSD.
Section 5. On July 25, 2023, the Board of Directors held a duly noticed public
hearing at which the Board of Directors heard and considered all oral and written objections,
protests and comments by interested person concerning the Report, the proposed rates and
charges, and the method of collection of such rates and charges.
Section 6. The Board of Directors hereby finds that, based on the Report and the
District budget, the rates and charges as set out in the Fiscal Year 2023-24 Engineer's Report do
not exceed the reasonable cost of the services to be provided by the TCSD for Fiscal Year 2023-
24.
Section 7. The Board of Directors hereby overrules any and all objections and
protests and adopts the rates and charges for residential street lighting, perimeter landscaping,
recycling and refuse collection and emergency unpaved road maintenance services for Fiscal
Year 2023-24 as set out in the Fiscal Year 2023-24 Engineer's Report.
Section 8. The TCSD shall collect such rates and charges at the same time and in the
same manner and by the same persons as, together with and not separately from, the property
taxes collected within the TCSD. These rates and charges shall be delinquent at the same time
and thereafter be subject to the same delinquency penalties as such property taxes. 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, are applicable to these rates and charges, except for California Revenue and
Taxation Code Section 4831. However, if for the first year the charge is levied, the real property
to which the charge relates has been transferred or conveyed to a bona fide purchaser for value,
or if a lien or a bona fide encumbrancer for value has been created and attaches thereon, prior to
the date on which the first installment of such taxes appear on the roll, then the charge shall not
result in a lien against the property, but instead shall be transferred to the unsecured roll for
collection.
Section 9. If a property owner subject to these rates and charges questions the
classification of the owner's property for Fiscal Year 2023-24, or claims that an error has been
made with respect to the implantation of the rates and charges or the application of the rates and
charges to the owner's property for that fiscal year, such property owner must appeal the levy by
filing an appeal with the Secretary of the TCSD before 5:00 p.m. on December 1, 2023, pursuant
to procedures established by the TCSD, in order to be considered under the appeal of
classification or correction of errors program.
Section 10. If a property owner subject to these rates and charges believes that
payment of the rates and charges for Fiscal Year 2023-24 would create a hardship for that
property owner during that fiscal year, such property owner must appeal the levy by filing a
hardship appeal with the TCSD Secretary before 5:00 p.m. on December 1, 2023, pursuant to
procedures established by the TCSD, in order to be considered under the hardship appeal
program.
Section 11. The TCSD Secretary is hereby ordered to transmit or cause to be
transmitted to the County Auditor of the County of Riverside, California before August 10, 2023,
the Report and the property tax roll with such rates and charges enumerated for each parcel not
2
exempt therefrom; and the County Auditor is hereby designated, required, empowered,
authorized, instructed, directed and ordered to make the collection of such rates and charges as
shown on that roll and to perform any and all duties necessary therefore.
Section 12. Pursuant to the California Environmental Quality Act, the levy and
collection of these rates and charges is exempt from CEQA pursuant to California Public
Resources Code Section 21080(b)(8) and Section 15273 of the State Guidelines because the rates
and charges are necessary to maintain existing improvements within the TCSD.
Section 13. 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 25th day of July, 2023.
James Stewart, President
M
Randi Johl, Secretary
[SEAL]
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 25th day of July, 2023, by the following vote:
:•:iff 15V va u:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
4
Webb
MUNICIPAL FINANCE
Engineer's Annual Levy Report
Fiscal Year 2023-2024
Temecula Community Services District
Service Levels 6, C, R and Recycling & Refuse Collection
Prepared For
is
a
The Heart of Southern California
Wine Country
July 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.
t
Executed this �r day of j ukA e 2023.
ALBERT A. WEBB ASSOCIATES
Lj HQ 37385 MATTHEW E. WEBB
PROFESSIONAL CIVIL ENGINEER NO. 373B5
erg. ENGINEER OF WORK
t 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 Refirrse/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 , 2023.
CITY CLERK
CITY OF TEMECULA
STATE OF CALIFORNIA
Temecula Community Services District (Service Level B, C, R and Refuse/Recycling Collection) iv
Engineer's Annual Levy Report for Fiscal Year 2023-2024
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
$0
$0
$80,000
$80,000
Subtotal Personnel Services
$0
$0
$80,000
$80,000
OPERATIONS MAINTENANCE
5200'S
Repair & Maintenance Facilities
5212
$0
$0
$0
$0
Office Supplies
5220
$0
$0
$0
$0
Printing
5222
$0
$0
$0
$0
Election Costs (Offset by Developer Deposits)
5225
$0
$0
$0
$0
Dues and Memberships
5226
$0
$0
$6,500
$6,500
Postage and Packaging
5230
$0
$0
$0
$0
Property Tax Administrative Fees
5231
$12,000
$200
$13,000
$25,200
Utilities
5240
$0
$0
$0
$0
Small Tools and Equipment
5242
$0
$0
$5,000
$5,000
Uniforms
5243
$0
$0
$100
$100
Consulting Services
5248
$0
$0
$0
$0
Other Outside Services
5250
$0
$0
$20,000
$20,000
Public Notices
5256
$0
$0
$20,000
$20,000
Staff Training/Education
5261
$0
$0
$0
$0
Mileage
5262
$0
$0
$0
$0
Recognition Program
5265
$0
$0
$0
$0
Subtotal5200's
$12,000
$200
$64,600
$76,800
Waste Hauling
5315
$0
$0
$10,327,204
$10,327,204
Street Lighting
5319
$455,000
$0
$0
$455,000
Subtotal5300's
$455,000
$0
$10,327,204
$10,782,204
Emergency Road Maintenance
5402
$0
$10,000
$0
$10,000
Landscape Maintenance
5415
$0
$0
$0
$0
Landscape Rehabilitation
5416
$0
$0
$0
$0
Subtotal5400's
$0
$10,000
$0
$10,000
Recycling Programs
$0
$0
$8,000
$0
Subtotal
$0
$0
$8,000
$0
Capital Outlay
$0
$0
$0
$0
Subtotal
$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
Rancho
Highlands
Zone 03
The
neyards
Fvzione04
Signet
Series
Zone 05
Woodcrest
Country
Zone 0.
Repair & Maintenance / Facility
$1,000
$1,500
$2,000
$1,000
$2,000
$1,200
Utilities
$9,600
$9,400
$12,000
$1,680
$12,000
$4,700
Landscape Contract
$26,736
$18,456
$21,000
$3,7 88
$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•
ADJUSTMENTS
•:
Fund Balance Collection/Contribution
$135
$2,623
$1,839
($314)
$2,084
$4,228
TOTAL0•
EDUs
327
478
408
139
223
229
$131.24
FY 2023-2024 Proposed Rate
$116.00
$89.00
$116.00
$46.00
$175.00
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 A 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
Zone 07
Village
Grove
Zone 08
Rancho
Solana
Zone ••
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)
TOTAL0:
EDUs
172
$137,025
783
$5,106
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 A C, R and Refuse/Recycling Collection)
Engineer's Annual Levy Report for Fiscal Year 2023-2024
2. Budgets and Levy Summary
Budget FY •
COSTS
Presley
Develop.
Morrison
Homes
Barclay
Estates
Tradewinds
Monte
Vista
Temeku
Hills
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)
E
$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 A 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
Chatemar
Crowne
Hill
Vail
Ranch
Sutton
Place
Pheasant
Hill
Harveston
Repair & Maintenance / Facility
$2,500
$5,500
$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
Fund Balance Collection/Contribution
$845
$1,503
$1,288
($115)
($261)
$2,666
TOTAL0:
EDUs
242
1,017
1,769
38
$8,400 1
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 A 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
$500
$5,285
Wolf
Creek
$9,000
$78,000
Gallery
Portraits
$500
$1,050
Repair & Maintenance / Facility
$2,000
$250
Utilities
$13,000
$1,000
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
City Admin
$5
$5
$5
$5
$5
County Fees
$168
$94
$137
$723
$95
Special Tax Consultant
$200
$100
$150
$800
$110
TOTAL DIRECT COSTS
$373
1 $199
$292
$1,528
$210
TOTAL•
ADJUSTMENTS
($157)
($81)
Fund Balance Collection/Contribution
($157)
$1,230
$653
TOTAL000
EDUs
220
$200.00
$2,160
8
$270.00
$9,100
130
1,806
10
$468.46
FY 2023-2024 Proposed Rate
$70.00
$129.00
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 A 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
Fund
FISCAL
YEAR 2022-2023
Total
ENROLLMENTS
Charge
Tota I
FISCAL YEAR
Total
2023-2024
% Change
PROJECTIONS
Charge / Tota I
District No. Parcels Levy
Units
Service Level B - Residential Street Lighting
Levy
Unit
Levy
Parcels
Levy
Units
per Levy
Unit
Levy U nit
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
25,837
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
1 28,897
28,897
$330.58
$9,552,770.26
29.312
29,312
$356.24
$30,442,306.88
(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.
(1) 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 A 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
long term 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: $116.00 Proposed Rate: $116.00
Tract Name: Tract Numbers:
Saddlewood 18518-00 18518-01 18518-02 18518-03
Zone No. 2
Maximum Rate: $89.00 Proposed Rate: $89.00
Tract Name:
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
Zone No. 3 Maximum Rate: 11 Proposed I I
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 18• 11 18• 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
Zone No. 6 (3) I Maximum Rate: $131.25 I Proposed Rate: $131.24
Tract Name: Tract Numbers:
Woodcrest Country11 1' 11
(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. 11 Proposed 11
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
Proposed
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: 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:
FIRM . - : 11
Zone No. 11 I Maximum Rate: $175.00 I Proposed Rate: $175.00
Tract Name: Tract Numbers:
.. 11
Zone No. 12
Maximum Rate: $116.00 Proposed Rate: $116.00
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
HomesTract Name: Tract Numbers:
Morrison : 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 ii
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:
1• 11
Zone No. 18
Maximum Rate: $70.00
Proposed Rate: $70.00
Tract Name:
Tract Numbers:
Temeku 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
ximum Rate: 00 Proposed Rate: $225.00
Tract Name: Tract Numbers:
Chante mar 1 28510-00 28510-01 28510-02 28510-03
Zone No. i
Tract Name:
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 . :. $ M
Zone No. 23 Maximum Rate: $20.00 Proposed Rate: $20.00
Tract Name: 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
Traditions/GalleryTract Name: Tract Numbers:
ximum Rate: i 00 0i
Tract Name: Tract Numbers:
Avondale 1 26828 26828-01 26828-02
Zone No. 28
Tract Name:
Maximum Rate:
Tract Numbers:
00
Proposed
Rate:
$129.00
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
ProposedZone No. 29 maximum Rate: $468.47 -.
Tract Name: Tract Numbers:
Gallery Portraits 31344-00
4) Ronin ;i Ci« l Vo ')nn G_'lnn7 +k. k- .o f... 7, 10 ...— CQ9 C nn Co.-L.., r +L.o.eof+or L.o..i....f..,. Ci« l Vo 7nn7_Wnns f... 7....0 7a +k.... ro+o 0
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:
(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)(8) 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 View
(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
Single Family Residential Lot 1.00
Vacant Residential Lot 1.00
Assiened Condominium Units 1111 0.50
$25.68 $25.68 Per Parcel
$25.68 $25.68 Per Parcel
525.68 812.84 Per Parcel/Unit
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)
Engineer's Annual Levy Report for Fiscal Year 2023-2024
M
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 rc
I-ndFt,e per
Property Type and Zone Parcel/Unit � x Parcel Parcel Charge Multiplier
Single Family Residential Lot R-1 1.00 $115.26 $115.26 Per Parcel
Vacant Residential Lot R-1 0.50 $115.26 $57.62 Per Parcel
Table 5-4
Parcel Charge C
Collection
(ls) Developed residential parcels identified by CR&R for which refuse collections are available.
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 A C, R and Refuse/Recycling Collection) 21
Engineer's Annual Levy Report for Fiscal Year 2023-2024
APPENDIX A
Under Separate Cover
Webb
MUNICIPAL FINANCE
Item No. 12
TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: July 25, 2023
SUBJECT: Authorize Fiscal Year 2023-24 Special Tax Levies for the Community Facilities
Districts
PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors adopt the following resolutions entitled:
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 01-02
(HARVESTON)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-06
(HARVESTON II)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-01 (CROWNE
HILL)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-03 (WOLF
CREEK)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO.03-02 (RORIPAUGH
RANCH)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 16-01 (RORIPAUGH
RANCH PHASE 2)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL
SERVICES)
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 20-01 (HEIRLOOM
FARMS - MUNICIPAL SERVICES)
BACKGROUND: The Temecula Public Financing Authority (the "Authority") was
created pursuant to a joint exercise of powers agreement between the City of Temecula and the
Temecula Redevelopment Agency on April 24, 2001. An Amendment was approved on November
10, 2015 to replace the Temecula Redevelopment Agency with the Successor Agency to the
Temecula Redevelopment Agency, due to the Statewide dissolution of all redevelopment agencies,
effective February 1, 2012. In addition, the Temecula Community Services District and the
Temecula Housing Authority were added as parties to the Authority Joint Exercise of Powers
Agreement.
The special tax levy for each CFD is calculated each year based on the formula established in the
Rate and Method of Apportionment (RMA), established when the CFD was formed. The special
tax levy funds the debt service payments, administrative costs or municipal services which are
detailed in the attached Budget Reports for each CFD. The amount of the levies fluctuate each year
due to changes in delinquency rates, debt service amounts, or administrative charges.
The special tax levies required for Fiscal Year 2023-24, as calculated by the City's special tax
consultant, Webb Municipal Finance, LLC, are summarized in the following table.
Original1
Name
AmountIssue • of
.09/01/2023
Levy
Levy
Harveston
$17,310,000 $9,440,000
$982,813.52
$971,036.84
($11,776.68)
CFD 01-02 Sp. TaxA
08/29/2002
Harveston
This is a non -bonded special tax
established for the ongoing maintenance
$251,677.34
$254,212.88
$2,535.54
Sp. Tax B
CFD 01-02 Sp.
of Harveston Lake.
Harveston 11
09/09/2004
$4,845,000
$2,615,000
$314,165.53
$311,962.34
($2,203.19)
CFD
CFD03-063-06
Crowne Hill
08/07/2003
$12,155,000
CFD 03-01 Ser. A
$7,325,000
$794,195.69
$791,942.05
($2,253.64)
Crowne Hill
08/24/2005
$3,865,000
CFD 03-01 Ser. B
wolf Creek
01/08/2004
$30,990,000
$13,700,000
$1,749,022.66
$1,659,932.78
($89,089.88)
CFD 03-03
Roripaugh Ranch
04/27/2006
$51,250,000
$7,350,000
$740,969.19
$741,534.28
$565.09
CFD 03-02
Roripaugh Ranch Phase 2
$42,815,000
$47,055,180
$3,152,245.94
$3,427,435.34
$275,189.40
CFD 16-01 - Special Tax A
03/16/2017
This is a non -bonded special tax
Ranch Phase 2
established to pay for ongoing municipal
$181,793.92
$423,854.44
$242,060.52
CFFDDRor16-01 16-01 -Special Tax B
services provided to this district.
This is a non -bonded special tax
01/08/2019
Municipal Services
established to pay for ongoing municipal
$54,044.10
$141,236.34
$87,192.24
CFD 19-01
services provided to this district.
This is a non -bonded special tax
04/13/2021
Heirloom Farms
established to pay for ongoing municipal
$0.00
$75,241.57
$75,241.57
CFD 20-01
services provided to this district.
FISCAL IMPACT: The calculated special tax levy required for the 2023-24 Fiscal Year
is listed in the preceding table.
ATTACHMENTS:
1. Resolution CFD 01-02 (Harveston)
2. CFD 01-02 Budget Report— Special Tax A & B (Harveston)
3. Resolution CFD 03-06 (Harveston II)
4. CFD 03-06 Budget Report (Harveston II)
5. Resolution CFD 03-01 (Crown Hill)
6. CFD 03-01 Budget Report (Crowne Hill)
7. Resolution CFD 03-03 (Wolf Creek)
8. CFD 03-03 Budget Report (Wolf Creek)
9. Resolution CFD 03-02 (Roripaugh Ranch)
10. CFD 03-02 Budget Report (Roripaugh Ranch)
11. Resolution CFD 16-01 (Roripaugh Ranch Phase 2)
12. CFD 16-01 Exhibit A (Roripaugh Ranch Phase 2)
13. CFD 16-01 Budget Report (Roripaugh Ranch Phase 2)
14. Resolution CFD 19-01 (Municipal Services)
15. CFD 19-01 Exhibit A (Municipal Services)
16. CFD 19-01 Budget Report (Municipal Services)
17. Resolution CFD 20-01 (Heirloom Farms - Municipal Services)
18. CFD 20-01 Exhibit A (Heirloom Farms - Municipal Services)
19. CFD 20-01 Budget Report (Heirloom Farms)
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 01-02
(HARVESTON)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 01-02 (Harveston) (the "CFD"), created pursuant to the Mello -
Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 02-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 02-03 and
Ordinance No. TPFA 02-01, there is to be levied a special tax of $971,036.84 for Special Tax A
and $254,212.88 for Special Tax B on the taxable parcels located in the CFD for Fiscal Year 2023-
24 to be provided by Webb Municipal Finance, LLC, to the Auditor -Controller of the County.
Section 5. Special Tax A and B as set forth above do not exceed the amount previously
authorized by Resolution No. TPFA 02-03 and Ordinance No. TPFA 02-01, and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax A levy shall be used to pay, in whole or in
part, the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 02-03 and the indenture of trust for the CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above and shall not be used
for any other purpose.
Section 7. The proceeds of the Special Tax B levy shall be used to pay, in whole or in
part, the costs of providing services, including the salaries of City staff related to and a
proportionate share of City overhead costs, for the maintenance of Harveston Park.
Section 8. The Auditor -Controller of the County is hereby directed to enter
the installment of the special tax for the exact rate and amount of the special tax levied in
accordance with this resolution for each lot or parcel of land affected in a space marked "CFD No.
01-2 (Harveston Special Tax A)" and "CFD No. 01-2 (Harveston Special
Tax B)" on the next County assessment roll on which taxes will become due.
Section 9. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 10. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 251h day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
City of Temecula
CFD 01-02 Special Tax A (Harveston)
2016 Special Tax Refunding Bonds
Budget Report
Fiscal Year 2023-24
Debt Service
Difference Note/Comment
($13,431.25) Post 3/1/2023 Bond Call
Item Levy Levy
March Interest Due $222,893.75 $209,462.50
September Interest Due $222,893.75 $209,462.50
($13,431.25)
$15,000.00
Post 3/1/2023 Bond Call
Post 3/1/2023 Bond Call
September Principal Due $530,000.00 $545,000.00
Total Debt Service $975,787.50 $963,925.00
($11,862.50)
Administration
2022-23
2023-24
Difference
$0.00
Note/Comment
Itern
Trustee/Paying Agent
Rate
Levy
$3,850.00
Rate Levy
$3,850.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund, No enrollment fee)
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollment fee)
$0.11
$178.75
$0.11
$178.75
$0.00
Treasurer/Tax Collector (per Parcel fee)
$0.25
$406.25
$0.25
$406.25
$0.00
City Administrative Costs
$1,525.00
$1,525.00
$0.00
Administration Expenses
$180.00
$180.00
$0.00
Other Costs
Total Administration
$0.00
$0.00
$13,211.24
$0.00
$13,074.30
$136.94
Other
2022-23
r
Note/Comment
5% Delinquency Allowance Met
Item Levy
Reserve Adjustment
Delinquency Allowance
Delinquency Charges
Less: Prior Year Surplus
Total Other
$0.00
$0.00
$0.00
$0.00
$0.00
Levy
$0.00
$0.00
$0.00
$0.00
$0.00
Difference
$0.00
$0.00
$0.00
$0.00
$0.00
Tota I s
r2023-24
Item Levy Levy Difference Note/Comment
Total Requirement $988,861.80 $977,136.24 ($11,725.56)
District Adjustment ($6,035.70) ($6,099.40) $63.69 ICredit due to surplus funds
Enrollment Adjustment ($12.58)
Total Levy $982,813.52 1 $971,036.84 ($11,776.68)
Note/Comment
Bonds call protected until 9/1/2026
Levy % Difference -1.20%
Administration % of Levy 1.36%
City's % of Levy 0.16%
Maximum Authorized Tax $2,245,840.32
Levy % of Maximum Tax 43.24%
Bonds Outstanding After September 1, 2023 $9,440,000
FY 2022-23 Delinquency Rate as of 12/10/2022 2.18%
FY 2022-23 Delinquency Rate as of 4/10/2023 1.99%
FY 2022-23 Parcels Levied 1,625
FY 2023-24 Projected Parcels to Levy 1,625
Final Maturity 2036
I'I Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
City of Temecula
CFD 01-02 Special Tax B (Harveston)
Budget Report
Fiscal Year 2023-24
Services CFD (No DSS)
Oaintenance & Services
Zem Levy Levy Difference Note/Comment
Park Maintenance $250,024.41 $252,488.45 $2,464.04
otal Maintenance and Services $250,024.41 $252,488.45 $2,464.04
Administration
Rate Levy Difference Note/Comment
$87.23 $0.00
$0.11 $194.70 $16.17
$0.25 $442.50 $36.75
$1,000.00 $0.00
$0.00 $0.00
$1,724.43 $52.92
Itern
Auditor -Controller (per Fund No enrollment fee)
Rate Levy
$87.23
Auditor -Controller (per Parcel enrollment fee)
$0.11
$178.53
Treasurer/Tax Collector (per Parcel fee)
$0.25
$405.75
City Administrative Costs
$1,000.00
Other Costs
$0.00
Total Administration
$1,671.51
Other
Levy Difference Note/Comment
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Itern
Reserve Adjustment
Levy
$0.00
$0.00
Delinquency Allowance
Delinquency Charges
$0.00
Less: Prior Year Surplus
$0.00
Total Other
$0.00
Totals
Item Levy Levy Difference Note/Comment
Total Requirement $251,695.92 $254,212.88 $2,516.96 1% annual increase per RMA
District Adjustment $0.00 $0.00 $0.00
Enrollment Adjustment ($18.58)
Total Levy $251,677.34 $254,212. 88 $2,535.54
Factors:
Levy % Difference
1.01%
Administration %of Levy
0.68%
City's % of Levy
0.39%
Maximum Authorized Tax
$254,212.88
Levy % of Maximum Tax
100.00%
Bonds Outstanding After September 1, 2023
N/A
FY 2022-23 Delinquency Rate as of 12/10/2022
1.99%
FY 2022-23 Delinquency Rate as of 4/10/2023
1.67%
FY 2022-23 Parcels Levied
1,623
FY 2023-24 Projected Parcels to Levy
1,770
Final Maturity N/A
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
Max tax increases 1% per year
147 Heirloom Farms parcels to be newly taxed
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-06
(HARVESTON II)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 03-06 (Harveston II) (the "CFD"), created pursuant to the
Mello -Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-03 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 03-27 and
Ordinance No. TPFA 03-03, there is to be levied an aggregate special tax of $311,962.34 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 03-27 and Ordinance No. TPFA 03-03, and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax levy shall be used to pay, in whole
or in part, the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-27 and the indenture of trust for the CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any
other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-6
(Harveston II)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 251h day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
City of Temecula
CFD 03-06 (Harveston II)
Special Tax Refunding Bonds, Series 2012
Budget Report
Fiscal Year 2023-24
Debt Service
r
Difference Note/Comment
($3,325.00)
($3,325.00)
Item Levy Levy
March Interest Due $57,737.50 $54,412.50
September Interest Due $57,737.50 $54,412.50
September Principal Due $190,000.00 $195,000.00
$5,000.00
Total Debt Service $305,475.00 $303,825.00
($1,650.00)
Administration
r2023-24
Difference
$0.00
Note/Comment
Itern
Trustee/Paying Agent
Rate
Levy
$2,195.00
Rate Levy
$2,195.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund No enrollment fee) I11
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollment fee)
$0.11
$138.71
$0.11
$138.71
$0.00
Treasurer/Tax Collector (per Parcel fee)
$0.25
$315.25
$0.25
$315.25
$0.00
Delinquency Management
$0.00
$0.00
$0.00
Continuing Disclosure/Dissemination
$0.00
$0.00
$0.00
City Administrative Costs
$1,525.00
$1,525.00
$0.00
Administration Expenses
$150.00
$150.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$11,258.26
$11,395.20
$136.94
Other
r2023-24
Difference Note/Comment
$6.00
Item
Reserve Adjustment
Levy Levy
$0.00 $0.00
$0.00 $0.00
Delinquency Allowance
$0.00
5% Delinquency Allowance Met
Delinquency Charges
$0.00 $0.00
$0.00
Less: Prior Year Surplus
$0.00 $0.00
$0.00
Total Other
$0.00 $0.00
$0.00
Totals
r
Item Levy Levy Difference Note/Comment
Total Requirement $316,733.26 $315,220.20 ($1,513.06)
District Adjustment ($2,548.45) ($3,257.86) $709.41 Credit due to surplus funds
Enrollment Adjustment ($19.27)
Actual Levy $314,165.53 $311,962.34 ($2,203.19)
Factors:
Levy % Difference
-0.70%
Administration % of Levy
3.65%
City's % of Levy
0.49%
Maximum Authorized Tax
$443,181.75
Levy % of Maximum Tax
70.39%
Bonds Outstanding After September 1, 2023
$2,615,000
FY 2022-23 Delinquency Rate as of 12/10/2022
2.46%
FY 2022-23 Delinquency Rate as of 4/10/2023
1.78%
FY 2022-23 Parcels Levied
1,261
FY 2023-24 Projected Parcels to Levy
1,261
Final Maturity
2034
") Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
Bonds call protected until 9/1/2022
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-01
(CROWNE HILL)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 03-01 (Crowne Hill) (the "CFD"), created pursuant to the
Mello -Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 03-05 and
Ordinance No. TPFA 03-01, there is to be levied an aggregate special tax of $791,942.05 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 03-05 and Ordinance No. TPFA 03-01, and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax levy shall be used to pay, in whole or in
part, the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-05 the Indenture of Trust for the CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above and shall not be used for any
other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-1
(Crowne Hill)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 251h day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
City of Temecula
CFD 03-01 (Crowne Hill)
Special Tax Refunding Bonds, Series 2017 and Special Tax Refunding Bonds, Series 2012
Budget Report
Fiscal Year 2023-24
Debt Service
March Interest Due
$132,415.63
$30,718.75
$124,890.63
$30,368.75
September Interest Due
$132,415.63
$30,718.75
$124,890.63
$30,368.75
September Principal Due
$430,000.00
$35,000.00
$445,000.00
$35,000.00
Total Debt Service
$694,831.25 $96,437.50
$694,781.25 $95,737.50
Administration
2022-23
r
DifferenceItem
$0.00
Trustee/Paying Agent
Rate
Levy
$4,200.00
Rate Levy
$4,200.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund No enrollment fee)
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollment fee)
$0.11
$87.56
$0.11
$87.56
$0.00
Treasurer/Tax Collector (per Parcel fee)
$0.25
$199.00
$0.25
$199.00
$0.00
City Administrative Costs
$1,525.00
$1,525.00
$0.00
Administration Expenses
$160.00
$160.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$13,105.86
$13,242.80
$136.94
Totals
r r Difference
Item Levy Levy
Total Requirement $804,374.61 $803,761.55 ($613.06)
District Adjustment ($10,170.22) ($11,819.50) $1,649.28 Credit due to surplus funds
Enrollment Adjustment ($8.70)
Actual Levy $794,195.69 1 $791,942.05 ($2,253.64)
Factors:
Levy % Difference
-0.28%
Administration % of Levy
1.67%
City's % of Levy
0.19%
Maximum Authorized Tax
$2,003,682.40
Levy % of Maximum Tax
39.52%
Series 2012 Bonds Outstanding After September 1, 2023
$5,405,000
Series 2017 Bonds Outstanding After September 1, 2023
$1,920,000
Total Bonds Outstanding Prior to Levy
$7,325,000
FY 2022-23 Delinquency Rate as of 12/10/2022
3.90%
FY 2022-23 Delinquency Rate as of 4/10/2023
2.62%
FY 2022-23 Parcels Levied
796
FY 2023-24 Projected Parcels to Levy
796
Final Maturity 2035
(') Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
2017 bonds redeemed the 2005-B bonds
2012 bonds call protected until 9/1/2022
2017 bonds call protected until 9/1/2022
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-03
(WOLF CREED
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 03-03 (Wolf Creek) (the "CFD"), created pursuant to the Mello -
Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 03-02 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 03-22 and
Ordinance No. TPFA 03-02, there is to be levied an aggregate special tax of $1,659,932.78 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 03-22 and Ordinance No. TPFA 03-02, and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax levy shall be used to pay, in whole
or in part, the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 03-22 and the indenture of trust for the CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-3 (Wolf
Creek)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 251h day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
City of Temecula
CFD 03-03 (Wolf Creek)
2022 Special Tax Refunding Bonds
Budget Report
Fiscal Year 2023-24
Debt Service
March Interest Due
September Interest Due
September Principal Due
Total Debt Service
Administration
Difference
$0.00
Note/Comment
Itern
Trustee/Paying Agent
Rate Levy
$2,445.00
Rate Levy
$2,445.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund No enrollment fee)
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollment fee)
$0.11
$198.66
$0.11
$198.66
$0.00
Treasurer/Tax Collector (per Parcel fee)
$0.25
$451.50
$0.25
$451.50
$0.00
Delinquency Management
$0.00
$0.00
$0.00
Continuing Disclosure/Dissemination
$0.00
$0.00
$0.00
City Administrative Costs
$4,576.00
$4,576.00
$0.00
Administration Expenses
$150.00
$150.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$14,755.46
$14,892.40
$136.94
Other
Difference
$0.00
Note/Comment
Itern
Reserve Adjustment
Levy
$0.00
Levy --
$0.00
Delinquency Allowance
$83,287.77
$0.00
$0.00
5% Delinquency Allowance Met
Delinquency Charges
$0.00
$0.00
$0.00
Less: Prior Year Surplus
$0.00
$0.00
$0.00
Total Other
$83,287.77
$0.00
$0.00
Totals
Itern Levy Levy Difference Note/Comment
Total Requirement $1,749,043.23 $1,664,892.40 ($84,150.83)
District Adjustment $0.00 ($4,959.61) ($4,959.61)
Enrollment Adjustment ($20.57)
Actual Levy $1,749,022.66 $1,659,932.78 ($89,089.88)
Factors:
Levy % Difference
-5.09%
Administration %of Levy
0.90%
City's % of Levy
0.28%
Maximum Authorized Tax
$2,756,688.40
Levy % of Maximum Tax
60.21%
Bonds Outstanding After September 1, 2023
$13,700,000
FY 2022-23 Delinquency Rate as of 12/10/2022
1.76%
FY 2022-23 Delinquency Rate as of 4/10/2023
1.52%
FY 2022-23 Parcels Levied
1,806
FY 2023-24 Projected Parcels to Levy
1,806
Final Maturity
2034
111 Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
Bonds refunded in June 2022
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 03-02
(RORIPAUGH RANCH)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 03-02 (Roripaugh Ranch) (the "CFD"), created pursuant to the
Mello -Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 05-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 05-01 and
Ordinance No. TPFA 05-01, there is to be levied an aggregate special tax of $741,534.28 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax levy set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 05-01 and Ordinance No. TPFA 05-01, and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax levy shall be used to pay, in whole or in
part, the costs of the following items:
A. Payment of principal and interest on the outstanding authorized bonded
indebtedness.
B. Replenishment of the required bond reserve funds, or other reserve funds, if
necessary.
C. Payment of the administrative costs and incidental expenses of the CFD, as
provided in Resolution No. TPFA 05-01 and the indenture of trust for the CFD and the Act.
The proceeds of the special tax levy shall be used as set forth above, and shall not be used for any
other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 03-2
(Roripaugh Ranch)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 25th day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
City of Temecula
CFD 03-02 (Roripaugh Ranch)
2017 Special Tax Refunding Bonds
Budget Report
Fiscal Year 2023-24
Debt Service
Itern
Levy
Levy
Difference Note/Comment
March Interest Due
$160,853.13
$150,478.13
($10,375.00)
September Interest Due
$160,853.13
$150,478.13
($10,375.00)
September Principal Due
$415,000.00
$440,000.00
$25,000.00
Total Debt Service
$736,706.25
$740,956.25
$4,250.00
Administration
Difference
$0.00
Note/Comment
Itern
Trustee/Paying Agent
r2022-23
Rate Levy
$6,000.00
Rate Levy
$6,000.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund No enrollment fee)
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollmentfee)
$0.11
$55.88
$0.11
$55.88
$0.00
Treasurer/Tax Collector (per Parcel fee)
$0.25
$127.00
$0.25
$127.00
$0.00
Delinquency Management
$0.00
$0.00
$0.00
Continuing Disclosure/Dissemination
$0.00
$0.00
$0.00
City Administrative Costs
$4,576.00
$4,576.00
$0.00
Administration Expenses
$215.00
$215.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$17,908.18
$18,045.12
$136.94
Totals
2022-23 2022-23
Itern
Levy Levy Difference Note/Comment
Total Requirement
$754,614.43 $759,001.37 $4,386.94
District Adjustment
($13,640.25) ($17,467.09) $3,826.84 Credit due to surplus funds
Enrollment Adjustment
($4.99)
Actual Levy
$740,969.19 $741,534.28 $565.10
Levy % Difference
0.08%
Administration %of Levy
2.43%
City's % of Levy
0.62%
Maximum Authorized Tax
$1,462,413.85
Levy % of Maximum Tax
50.71%
Bonds Outstanding After September 1, 2023
$7,350,000
FY 2022-23 Delinquency Rate as of 12/10/2022
1.47%
FY 2022-23 Delinquency Rate as of 4/10/2023
1.22%
FY 2022-23 Parcels Levied
508
FY 2023-24 Projected Parcels to Levy
508
Final Maturity 2036
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
CFD is fully developed
Bonds call protected until 9/1/2025
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 16-01 (Roripaugh Ranch Phase 2) (the "CFD"), created
pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 16-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 16-04 and
Ordinance No. TPFA 16-01, there is to be levied an aggregate special tax of $3,427,435.34 for
Special Tax A and $423,854.44 for Special Tax B on the taxable parcels located in the CFD for
Fiscal Year 2023-24 to be provided by Webb Municipal Finance, LLC, to the Auditor -Controller
of the County.
Section 5. Special Tax A and B as set forth above does not exceed the amount
previously authorized by Resolution No. TPFA 16-04 and Ordinance No. TPFA 16-01 and is not
in excess of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of Special Tax A and B shall be used in accordance with the
eligible uses listed on the attached Exhibit A.
The proceeds of the special tax levy shall be used as set forth above and shall not be used
for any other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 16-01
(Roripaugh Ranch Phase 2 - Special Tax A)" and "CFD No. 16-01 (Roripaugh Ranch Phase 2 -
Special Tax B)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 25th day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 16-01
(RORIPAUGH RANCH PHASE 2)
DESCRIPTION OF CFD 03-02 SPECIAL TAXES TO BE PREPAID, AND
FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT
CFD 03-02 SPECIAL TAX PREPAYMENT
The special taxes to be prepaid are those being levied for the Temecula Public Financing
Authority Community Facilities District No. 03-02 (Roripaugh Ranch) on property to be included in
the District, with the prepayment to be in an amount as necessary to repay the portion of the
indebtedness of such community facilities district secured by such special taxes.
FACILITIES
It is intended that the District will finance all or a portion of the costs of the following facilities:
Butterfield Stage,Road
Butterfield Stage Road (BSR) from La Serena to Rancho California Road:
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter,
median curb, sidewalk, street lights, traffic signals including a new traffic signal at La Serena and
signal modifications at Rancho California Road, signing and striping, landscaping, irrigation, storm
drain, sewer and water pipelines, and other appurtenant improvements necessary to complete
Butterfield Stage Road.
Nicolas Road
Nicolas Road BSR to the Easterly Metropolitan Water District (MWD) RlW:
Improvements include grading right-of-way with 2:1 slopes, paving, asphalt berms, curb and
gutter, sidewalk, asphalt path, split rail fence, street lights, landscaping, irrigation, storm drain,
underground sewer and water pipelines, and other appurtenant improvements necessary to
complete Nicolas Road.
Nicolas Road from the Easterly MWD R/W to Liefer Road including construction of Calle
Garisol realignment to Nicolas Road:
Improvements include grading partial right-of-way (40' travel way) with 2:1 slopes, paving,
asphalt berms, curb and gutter, sidewalk, asphalt path, utility relocations, traffic detour, split
rail fence, street lights, signing and striping, landscaping, irrigation, sewer, storm drain,
bridge over Santa Gertrudis Creek (including channel lining and transition structure to bridge),
access road, exit structure and other appurtenant improvements necessary to complete
Nicolas Road.
166dir the penalty o P.01 ry, 1r%at the
above and Iq Llg6ng is a uue'artd'corteci. ,ai,an
A-1 ongioal oil Ce ii ijn the r rlordsot Iris City or
Temecula;. I day of -' ,, 20 r
RAND I JO OLsoN, JD.:MMC, CITY CL RK
Yi
Long'Vallgy'Channel`.
Long Valley Channel from BSR to the Easterly Project Boundary:
Improvements include grading of channel, flow -by detention basin, construction of drop
structures, trapezoidal channel lining, transition structures to Butterfield Stage Road Bridge,
rip -rap, grading and paving of access roads, fencing, and other appurtenant improvements
necessary to complete Long Valley Channel.
Santa Gertrudis Creek
Santa Gertrudis Creek from the Habitat Area to the exit channel at MWD RAW:
Improvements include a flow -by detention basin, headwalls, trapezoidal channel lining and
transition structures; grading, fencing and paving for access roads; desilting and detention
basins, rip -rap protection, rip -rap dissipaters, berms, grading of exit structure and other
appurtenant improvements necessary to complete Santa Gertrudis Creek.
EnvironmentaWitigation
Mitigation for the Long Valley Channel and Santa Gertrudis Creek improvements:
Creation of 8.2 acres of habitat within open space to include grading, access road, electrical
service, irrigation, plant and seed installation and other appurtenant improvements
necessary to complete resource agency conditioned environmental mitigation for the Long
Valley Channel and Santa Gertrudis Creek improvements.
6 Sports Park
Sports Park at the SE corner of the intersection of Loop Road and BSR:
Construct 19.7-acre Sports Park including grading, parking, building, lighting landscaping,
irrigation, playing fields, basketball courts, children's play area, equipment with a useful life of
five (5) years or more and other appurtenant improvements necessary to complete the
Sports Park.
Loop Road
Loop Road from North BSR intersection to South BSR intersection (public section only):
Improvements include grading full right-of-way with 2:1 slopes, paving, curb and gutter,
median curb, sidewalk, street lights, signing and striping, landscaping, irrigation, storm drain,
sewer and water pipelines, and other appurtenant improvements necessary to complete the
public segment of the Loop Road East of BSR.
The Facilities shall include the acquisition of right-of-way, the costs of design, engineering
and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of
any required environmental mitigation and any required noise mitigation measures, landscaping and
irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related
overhead costs, coordination and supervision and any other costs or appurtenances related to any
of the foregoing.
t hereby ce11!N,i. nder Uie.'Oenalty oLperjury 1,hat the:
about~ and:lgregomg �s a Irae and correct copy of an
A-2 original on-depo q within ilia r rd§ of the Gity of
Temecula, this - day ot-
"t Oi L,OLSON' ib, mMc, ci CL RK
i� _
SERVICES
Is it intended that the District be eligible to fund all or a portion of the costs of the following
muriicip!l services:
• Public safety services, including police and fire protection, provided to the area within
the District.
• Maintenance of landscaping in public areas, public easements and public right of
way in the area of the District, including along or near Butterfield Stage Road,
Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch
Road, Skyview Park, the Sports Park, such maintenance to include but not be limited
to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and
the furnishing of water for irrigation.
Maintenance of sidewalks in the area of the District, including Butterfield Stage Road,
Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and Fiesta Ranch
Road.
Maintenance of public signage in the District, including signage along Butterfield
Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley Road, and
Fiesta Ranch Road.
• Maintenance of storm drainage systems within the area of the District, including
those along or adjacent to Butterfield Stage Road, Murrieta Hot Springs Road, "Loop"
Road, Roripaugh Valley Road, and Fiesta Ranch Road, and including storm drain
pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets,
cleanout of storm drains and catch basin cleaning and inspection.
Maintenance of streets and roadways within the area of the District, including
Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley
Road, and Fiesta Ranch Road, and including slurry, overlay, curbs and gutters, curb
ramps, striping and street sweeping.
• Maintenance of street lighting located within the District, including street lights along
Butterfield Stage Road, Murrieta Hot Springs Road, "Loop" Road, Roripaugh Valley
Road, and Fiesta Ranch Road, and including decorative lighting and pull box
assemblies.
• Maintenance of traffic signals within the District, including traffic signals in or near
Butterfield Stage Road, Murrieta Hot Springs Road, and including electrical, LED
replacement, maintenance and replacement,
Graffiti removal from public improvements within the District.
The District may fund any of the following related to the services described above: the furnishing of
services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the improvements, the
furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or
irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment,
apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or
fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such
maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the
I hereby certify, under the penalty of perjury, that the
above and foregoing is a true and correcFcopy',Of an
A-3 original on deposi wRhm the r rds of the City of
Temecula; this�krday of
RANDI J oI SON,_JD. MMC C�RK
B •6.
y
City of Temecula
CFD 16-01 (Roripauah Ranch Phase 2) Facilities
Special Tax Bonds, Series 2017, Series 2023A, and Series 2023B Bonds
Budget Report
Fiscal Year 2023-24
Debt Service
March Interest Due
$1,193,887.50
September Interest Due
$1,193,887.50
$137
September Principal Due
$725,000.00
Total Debt Service
$3,112,775.00 $137,
Administration
Difference
$0.00
Note/Comment
Itern
Trustee/Paying Agent
Rate
Levy
$2,500.00
Rate Levy
$2,500.00
Consultant Services
$6,847.07
$6,984.01
$136.94
Auditor -Controller (per Fund No enrollment fee)
$87.23
$87.23
$0.00
Auditor -Controller (per Parcel enrollment fee)
$0.11
$95.26
$0.11
$105.38
$10.12
Treasurer/Tax Collector (per Parcel fee)
$0.25
$216.50
$0.25
$239.50
$23.00
Delinquency Management
$0.00
$0.00
$0.00
Continuing Disclosure/Dissemination
$0.00
$0.00
$0.00
City Administrative Costs
$3,051.00
$3,051.00
$0.00
Administration Expenses
$215.00
$215.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$13,012.06
$13,182.12
$170.06
Other
Difference
$0.00
Item
Reserve Adjustment
Levy Levy
$0.00 $0.00
$26,461.97 $0.00
$0.00 $0.00
$0.00 $0.00
Delinquency Allowance
$0.00 5% Delinquency Allowance Met
Delinquency Charges
$0.00
Less: Prior Year Surplus
$0.00
Total Other
$26,461.97 $0.00
$26,461.97
Totals
Item Levy Levy Difference Note/Comment
Total Requirement $3,152,249.03 $3,435,082.12 $282,833.09
District Adjustment $0.00 ($7,646.78) $7,646.78
Enrollment Adjustment ($3.09)
Actual Levy $3,152,245.94 $3,427,435.34 $275,189.40 Increase due to annexation
Factors:
Levy % Difference
8.73%
Administration % of Levy
0.38%
City's % of Levy
0.09%
Maximum Authorized Tax
$5,987,312.33
Levy % of Maximum Tax
57.24%
Bonds Outstanding After September 1, 2023
$47,055,180
FY 2022-23 Delinquency Rate as of 12/10/2022
2.05%
FY 2022-23 Delinquency Rate as of 4/10/2023
4.18%
FY 2022-23 Parcels Levied
866
FY 2023-24 Projected Parcels to Levy
958
Final Maturity 2047
Itl Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
Parcel count increased due to parcel splits
Bonds call protected until 9/1/2027
FY 2023-24 levy includes annexed parcels
City of Temecula
CFD 16-01 (Roripaugh Ranch Phase 2) Services
Budget Report
Fiscal Year 2023-24
Services CFD (No DSS)
Public Safety and Maintenance Services
Item Levy Levy Difference Note/Comment
Public Safety and Maintenance Services $180,581.467 $$422,495.41 $241,913.95
Total Public Safety and Maintenance Services $180,581.46 $422,495.41 I $241,913.95
Administration
Rate Levy Difference Note/Comment
$87.23 $0.00
$0.11 $83.05 $44.33
$0.25 $188.75 $100.75
$1,000.00 $0.00
$0.00 $0.00
$1,359.03 $145.08
Itern
Auditor -Controller (per Fund No enrollment fee)
Rate Levy
$87.23
Auditor -Controller (per Parcel enrollment fee)
$0.11
$38.72
Treasurer/Tax Collector (per Parcel fee)
$0.25
$88.00
City Administrative Costs
$1,000.00
Other Costs
$0.00
Total Administration
$1,213.95
Other
Levy Difference Note/Comment
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Itern
Reserve Adjustment
Levy
$0.00
$0.00
Delinquency Allowance
Delinquency Charges
$0.00
Less: Prior Year Surplus
$0.00
Total Other
$0.00
Totals
Item Levy Levy Difference Note/Comment
Total Requirement $181,795.41 $423,854.44 $242,059.03
District Adjustment $0.00 $0.00 $0.00
Enrollment Adjustment ($1.49)
Total Levy $181,793.92 $423,854.44 $242,060.52 CPI increased 8.70%
Factors:
Levy % Difference
133.15%
Administration %of Levy
0.32%
City's % of Levy
0.24%
Maximum Authorized Tax
$423,854.44
Levy % of Maximum Tax
100.00%
Bonds Outstanding After September 1, 2023
N/A
FY 2022-23 Delinquency Rate as of 12/10/2022
4.26%
FY 2022-23 Delinquency Rate as of 4/10/2023
2.50%
FY 2022-23 Parcels Levied
352
FY 2023-24 Projected Parcels to Levy
755
Final Maturity
N/A
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
403 new permits for FY 2023-24
Rates increase greater of 2% or CPI per year
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 19-01 (Municipal Services) (the "CFD"), created pursuant to
the Mello -Roos Community Facilities District Act of 1982, as amended (the "Act").
Section 2. The Board of Directors has enacted Ordinance No. TPFA 19-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 19-01 and
Ordinance No. TPFA 19-01, there is to be levied an aggregate special tax of $141,236.34 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax as set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 19-01 and Ordinance No. TPFA 19-01 and is not in excess of
that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax shall be used in accordance with the
Municipal Services listed on the attached Exhibit A.
The proceeds of the special tax levy shall be used as set forth above and shall not be used
for any other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 19-01
(Municipal Services)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
Zak Schwank, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 25th day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 19-01
(MUNICIPAL SERVICES)
DESCRIPTION OF SERVICES
AND RELATED ADMINISTRATIVE EXPENSES
ELIGIBLE TO BE FUNDED BY THE DISTRICT
SERVICES
The services to be financed, in whole or in part, by the community facilities district (the "District')
include the following:
• Public safety services, including police protection, fire protection and suppression,
services, and ambulance and paramedic services.
• Maintenance of landscaping in public areas, public easements and public right of way,
such maintenance to include but not be limited to maintenance of planting areas, trees,
bio-retention filters, multipurpose trails, and the furnishing of water for irrigation.
• Maintenance of sidewalks in or near to the area of the District.
Maintenance of public signage in or near the District.
Maintenance of storm protection and drainage systems within or serving the area of
the District including but not limited to storm drain pipes, culverts, detention/desilting
basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch
basin cleaning and inspection.
Maintenance of streets and roadways within or in the vicinity of the District, including
but not limited to slurry, overlay, curbs and gutters, curb ramps, striping and street
sweeping.
Maintenance of street lighting located within or in the vicinity of the District, including
but not limited to street lights, decorative lighting and pull box assemblies.
Maintenance of traffic signals within and in the vicinity of the District, including but not
limited to electrical, LED replacement, maintenance and replacement.
Maintenance and lighting of parks, parkways and open space.
Graffiti removal from public improvements within and in the area of the District.
• Maintenance of water and sewer systems with an estimated useful life of five or more
years and serving the area in or in the general area of the District and owned by the
Temecula Public Financing Authority or by another local agency pursuant to a joint
community facilities agreement or a joint exercise of powers agreement adopted
pursuant to Section 53316.2 of the California Government Code.
A-1
The District may finance any of the following related to the services described above: the furnishing of
services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the improvements, the
furnishing of water for the irrigation and the furnishing of electric current or energy for any lights or
irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus
or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas
to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying
the salaries and benefits of personnel necessary or convenient to provide the services, payment of
insurance costs and other related expenses and the provision of reserves for repairs and replacements
and for the future provision of services. It is expected that the services will be provided by the City of
Temecula (the "City"), either with its own employees or by contract with third parties, or any
combination thereof.
The services to be financed by the District are in addition to those provided in the territory of the District
before the date of creation of the District and will not supplant services already available within that
territory when the District is created.
ADMINISTRATIVE EXPENSES
The administrative expenses to be financed by the District include the direct and indirect expenses
incurred by the Authority and the City in carrying out their respective duties with respect to the District
(including, but not limited to, the levy and collection of the special taxes) including the fees and
expenses of attorneys, any fees of the County of Riverside related to the District or the collection of
special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto
and a proportionate amount of the Authority's and the City's general administrative overhead related
thereto, any amounts paid by the Authority and the City from its respective general fund with respect
to the District or the services authorized to be financed by the District, and expenses incurred by the
Authority and the City in undertaking action to foreclose on properties for which the payment of special
taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to
the District.
OTHER
The incidental expenses that may be financed by the District include, in addition to the administrative
expenses identified above, the payment or reimbursement to the Authority, the City and any owner of
land in the District of all costs associated with the establishment of the District.
A-2
City of Temecula
CFD 19-01 (Municipal Services)
Budget Report
Fiscal Year 2023-24
Services CFD (No DSS)
Public Safety and Maintenance Services
Item Levy Levy Difference Note/Comment
Municipal Services $48,239.85 $135,285.47 $87,045.62
Total Municipal Services $48,239.85 $135,285.47 $87,045.62
Administration
Difference Note/Comment
$0.00
Itern
Auditor -Controller (per Fund No enrollment fee)
Rate Levy
$87.23
Rate Levy
$87.23
$4,775.44
Consultant Services
$4,681.80
$93.64
Auditor -Controller (per Parcel enrollment fee)
$0.11
$10.89
$0.11 $26.95
$16.06
Treasurer/Tax Collector (per Parcel fee)
$0.25
$24.75
$0.25 $61.25
$36.50
City Administrative Costs
$1,000.00
$1,000.00
$0.00
Other Costs
$0.00
$0.00
$0.00
Total Administration
$5,804.67
$5,950.87
$146.20
Other
Difference
$0.00
Itern
Reserve Adjustment
Levy
$0.00
Levy
$0.00
Delinquency Allowance
$0.00
$0.00
$0.00
Delinquency Charges
$0.00
$0.00
$0.00
Less: Prior Year Surplus
$0.00
$0.00
$0.00
$0.00
$0.00
Total Other
$0.00
Totals
Item
Levy Levy Difference Note/Comment
Total Requirement
$54,044.52 $141,236.34 $87,191.82
District Adjustment
$0.00 $0.00 $0.00
Enrollment Adjustment
($0.42)
Total Levy
$54,044.10 $141,236.34 $87,192.24
Levy % Difference
N/A
Administration %of Levy
4.21%
City's % of Levy
0.71%
Maximum Authorized Tax
$141,236.34
Levy % of Maximum Tax
100.00%
Bonds Outstanding After September 1, 2023
N/A
FY 2022-23 Delinquency Rate as of 12/10/2022
2.02%
FY 2022-23 Delinquency Rate as of 4/10/2023
2.53%
FY 2022-23 Parcels Levied
99
FY 2023-24 Projected Parcels to Levy
245
Final Maturity N/A
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
Parcel count increase due to new development
Rates increase 5.6% per year
Community is fully developed
RESOLUTION NO. TPFA 2023-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE LEVY OF A SPECIAL TAX IN
COMMUNITY FACILITIES DISTRICT NO. 20-01
(HEIRLOOM FARMS - MUNICIPAL SERVICES)
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING
AUTHORITY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Temecula Public Financing Authority is the legislative body for
Community Facilities District No. 20-01 (Heirloom Farms - Municipal Services) (the "CFD"),
created pursuant to the Mello -Roos Community Facilities District Act of 1982, as amended (the
"Act"
Section 2. The Board of Directors has enacted Ordinance No. TPFA 2021-01 in
accordance with Government Code Section 53340 authorizing the levy of a special tax assessment
on the property located within the CFD.
Section 3. The Board of Directors has completed all steps necessary to levy a special
tax assessment in accordance with the procedures set forth in the Act.
Section 4. Pursuant to the provisions of Resolution No. TPFA 2021-03 and
Ordinance No. TPFA 2021-01, there is to be levied an aggregate special tax of $75,241.57 on the
taxable parcels located in the CFD for Fiscal Year 2023-24 to be provided by Webb Municipal
Finance, LLC, to the Auditor -Controller of the County.
Section 5. The Special Tax as set forth above does not exceed the amount previously
authorized by Resolution No. TPFA 19-01 and Ordinance No. TPFA 2021-01 and is not in excess
of that previously approved by the qualified electorate of the CFD.
Section 6. The proceeds of the Special Tax shall be used in accordance with the
Municipal Services listed on the attached Exhibit A.
The proceeds of the special tax levy shall be used as set forth above and shall not be used
for any other purpose.
Section 7. The Auditor -Controller of the County is hereby directed to enter the
installment of the special tax for the exact rate and amount of the special tax levied in accordance
with this resolution for each lot or parcel of land affected in a space marked "CFD No. 20-01
(Heirloom Farms)" on the next County assessment roll on which taxes will become due.
Section 8. The County Auditor -Controller shall, at the close of the tax
collection period, promptly render to the CFD a detailed report showing the amounts of the special
tax installments, penalties, interest and fees collected, and from which properties they have been
collected. Any expenses to be paid to the Auditor -Controller for carrying out the foregoing
responsibilities shall be in accordance with a contract entered into between the CFD and the
Auditor, pursuant to Section 29304 of the Government Code.
Section 9. The Authority Secretary shall certify adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Public Financing Authority this 25th day of July, 2023.
ATTEST:
Randi Johl, Secretary
[SEAL]
Zak Schwank, Chair
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that
the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of
Directors of the Temecula Public Financing Authority at a meeting thereof held on the 25th day of
July, 2023, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
EXHIBIT A
TEMECULA PUBLIC FINANCING AUTHORITY
COMMUNITY FACILITIES DISTRICT NO.20-01
(HEIRLOOM FARMS)
DESCRIPTION OF FACILITIES AND SERVICES TO BE FUNDED BY THE DISTRICT
It is proposed that the District be eligible to finance all or a portion of the costs of the following
facilities:
The acquisition and construction of: streets (including paving, aggregate base, striping and
traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center
Drive and Ynez Road within and in the vicinity of the District; stormwater drainage
systems (including storm drain lines, inlets, outlets, channels, structures, junctions,
manholes, catch basins and related dewatering); street light improvements (including
light fixtures, substructures, conduits and service points of connection); and street signage
(including traffic, stop and street name signs).
The foregoing are to include the acquisition of any related right-of-way and other land
needed for the installation of any such improvements, demolition of existing structures
and site leveling needed for the installation of any such improvements, erosion control,
and other appurtenances.
• The acquisition and installation of traffic signal improvements, including traffic signal
interconnection and video surveillance systems, at the intersection of Ynez Road and
Temecula Center Drive.
• Landscaping improvements in the public right of way along or in the vicinity of Temecula
Center Drive, Date Street and Ynez Road, including related appurtenances.
• Capital improvements included in the City of Temecula's adopted Capital Improvement
Program for Fiscal Years 2021-2025.
• School improvements to be designated by the Temecula Valley Unified School District,
which may include construction of buildings, equipping of school facilities, and
acquisition of support and other appurtenances with a useful life of five years or more.
Sewer system improvements to be designated by the Eastern Municipal Water District.
The Facilities include the acquisition of right-of-way, the costs of design, engineering and
planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any
required environmental mitigation and any required noise mitigation measures, landscaping and
irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead
costs, coordination and supervision and any other costs or appurtenances related to any of the
foregoing.
MUNICIPAL SERVICES
It is proposed that the District be eligible to fund all or a portion of the costs of the following
municipal services:
• Public safety services, including police and fire protection.
A-1
• Maintenance of parks, and landscaping in public areas, public easements and public right
of way in or near the area of the District, such maintenance to include but not be limited
to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the
furnishing of water for irrigation.
• Maintenance of public signage in or near the District.
• Maintenance of storm drainage systems within or serving the area of the District, and
including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins
and drop inlets, cleanout of storm drains and catch basin cleaning and inspection.
• Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the
District, and including slurry, overlay, curbs and gutters, curb ramps, striping and street
sweeping.
• Maintenance of street lighting located within or in the vicinity of the District, and
including decorative lighting and pull box assemblies.
• Maintenance of traffic signals, and traffic interconnection and video surveillance systems,
within and in the vicinity of the District, and including electrical, LED replacement,
maintenance and replacement.
• Graffiti removal from public improvements within and in the area of the District.
The District may fund any of the following related to the services described above: the furnishing of
services and materials for the ordinary and usual maintenance, operation and servicing of the
improvements, including repair, removal or replacement of all or part of any of the improvements,
the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights
or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment,
apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or
fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such
maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the
services, payment of insurance costs and other related expenses. The District may also provide for the
reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay
for any of the foregoing services, and may fund reserves for repairs and replacements and for future
expected costs of services. It is expected that the services will be provided by the City of Temecula,
either with its own employees or by contract with third parties, or any combination thereof.
The services to be financed by the District shall be in addition to those provided in the territory
of the District before the date of creation of the District, and will not supplant services already
available within that territory when the District is created.
OTHER
The District may also finance any of the following:
1. Bond related expenses, including underwriters discount, appraisal and price point study
costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner
counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the
'Bonds') issued for the District.
2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal
agent related to the District and the Bonds.
A-2
3. Reimbursement of costs related to the formation of the District advanced by the Authority,
the City of Temecula, any landowner in the District, or any party related to any of the foregoing, as
well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner
in the District or any party related to any of the foregoing, for facilities, fees or other purposes or costs
of the District.
A-3
City of Temecula
CFD 20-01 (Heirloom Farms)
Budget Report
Fiscal Year 2023-24
Services CFD (No DSS)
Public Safety and Maintenance Services
Item Levy Levy Difference Note/Comment
Public Safety and Maintenance Services $0.00 $74,101.42 $74,101.42
Total Public Safety and Maintenance Services $0.00 $74,101.42 1 $74,101.42
Administration
Rate Levy
$0.11
$0.25
Rate
$0.00
$0.00 $0.11
$0.00 $0.25
$0.00
$0.00
$0.00
Levy
$87.23
$16.17
$36.75
$1,000.00
$0.00
$1,140.15
Difference Note/Comment
$87.23
$16.17
$36.75
$1,000.00
$0.00
$1,140.15
Item
Auditor -Controller (per Fund No enrollment fee)
Auditor -Controller (per Parcel enrollment fee)
Treasurer/Tax Collector (per Parcel fee)
City Administrative Costs
Other Costs
Total Administration
Other
Levy Difference Note/Comment
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
Itern
Reserve Adjustment
Levy
$0.00
$0.00
Delinquency Allowance
Delinquency Charges
$0.00
Less: Prior Year Surplus
$0.00
Total Other
$0.00
Totals
Item Levy
Levy Difference Note/Comment
Total Requirement
$0.00 $75,241.57
District Adjustment
$0.00 $0.00 $0.00
Enrollment Adjustment
r$7575,241,57
$0.00
Total Levy
$0.00 $75,241.57 ,241.57
Factors:
Levy % Difference
N/A
Administration %of Levy
1.52%
City's % of Levy
1.33%
Maximum Authorized Tax
$75,241.57
Levy % of Maximum Tax
100.00%
Bonds Outstanding After September 1, 2023
N/A
FY 2022-23 Delinquency Rate as of 12/10/2022
N/A
FY 2022-23 Delinquency Rate as of 4/10/2023
N/A
FY 2022-23 Parcels Levied
0
FY 2023-24 Projected Parcels to Levy
147
Final Maturity N/A
Ill Current Year Per Fund No Charge based upon Auditor -Controller Letter Dated June 1, 2023.
Note/Comment
147 new permits for FY 2023-24
Rates increase 5.6% per year
Max tax is $511.85 per parcel for FY 2023-24
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: July 25, 2023
SUBJECT: Adopt Weed Abatement Lien Resolution for Fiscal Year 2023-24
PREPARED BY: Vanessa Rivera, Administrative Assistant
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING CONFIRMATION OF THE SPECIAL
ASSESSMENTS AGAINST PARCELS OF LAND WITHIN THE
CITY OF TEMECULA FOR COSTS OF ABATEMENT AND
REMOVAL OF HAZARDOUS VEGETATION FOR FISCAL
YEAR 2023-24
BACKGROUND: The City of Temecula is responsible for the abatement of hazardous
vegetation for properties that are not cleared of hazardous vegetation during the spring and summer
abatement season. On May 1, 2020, City Manager approved an agreement with Inland Empire
Property Services to bring parcels with hazardous conditions into compliance with the Temecula
Municipal Code. The owners of these parcels are billed by the City to recover the costs of the
contractor plus an administrative fee. If the owners do not respond to the billing request, the City
places a lien on the property to recover the costs of abatement.
All owners were properly notified via certified mail, return receipt requested, of the need to abate
hazardous vegetation conditions on their properties and were given thirty days to remove the
hazardous vegetation themselves prior to the City taking forced abatement action. As such, these
properties are included in Exhibit A.
As per the Temecula Municipal Code Section 8.16.090, the lien process requires that a public
hearing be held before the City Council to take comments from the property owners with respect
to the costs proposed to be assessed against their properties and to confirm those costs. The Notice
of Public Hearing was printed in the Press Enterprise on July 13, 2023. Following the public
hearing, the City Council must adopt a resolution for the fiscal year which:
Confirms the costs incurred by the City in performing the forced abatement work.
2. Provides that the actual abatement costs will become a lien upon the properties, and upon
recordation, in the amount of the costs shown on the attached Exhibit A.
3. Provides that the resolution will be transmitted to the Riverside County Treasurer -Tax
Collector so the amounts of the assessment can be entered upon the parcels as they appear
on the assessment rolls and the costs will be collected on the property tax bill.
Upon adoption of the resolution, staff will forward the adopted resolution for filing with the
Riverside County Treasurer -Tax Collector and for recording with the County Recorder.
FISCAL IMPACT: The recording of these liens will enable the City to recover
abatement costs through the County's property tax collection system. The City will recover actual
amounts paid out to the weed abatement contractor. The City will also recover an administrative
fee placed on each parcel that was abated by the City's contractor.
ATTACHMENTS: 1. Resolution
2. Exhibit A —Abatement Charges for FY 2023-24
3. Notice of Public Hearing
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ORDERING CONFIRMATION OF THE
SPECIAL ASSESSMENTS AGAINST PARCELS OF LAND
WITHIN THE CITY OF TEMECULA FOR COSTS OF
ABATEMENT AND REMOVAL OF HAZARDOUS
VEGETATION FOR FISCAL YEARS 2023-24
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Chapter 8.16 of the Temecula Municipal Code provides for expedited
abatement of hazardous vegetation from vacant lots and parcels.
Section 2. Abatement of hazardous vegetation has been completed for each of the
parcels as described in the attached list of parcels (Exhibit "A"), at a cost equal to the costs of
abatement and removal of hazardous vegetation on each parcel.
Section 3. A hearing was held on July 25, 2023, duly noticed in accordance with the
requirements of Chapter 8.16 of the Temecula Municipal Code, concerning the costs of abatement
of these parcels at which time the Council heard all objections of property owners liable to be
assessed for the costs of abatement.
Section 4. The list of parcels and costs of abatement and removal of hazardous
vegetation for each parcel is hereby reconfirmed and said costs shall constitute special assessments
against the respective parcels of land, and are a lien on said land in the amount of the respective
assessments.
Section 5. A copy of this resolution shall be transmitted to the Treasurer -Tax Collector
who shall enter the amounts of the respective assessments against the respective parcels of land as
they appear in the current assessment roll, and shall collect said assessments at the same time in
the same manner as ordinary municipal ad valorem taxes as provided in Section 39577 of the
Government Code.
Section 6. The costs against any parcel of land listed in Exhibit "A" assessed by this
resolution and the lien created thereby shall be deemed discharged and released upon the payment
for said parcel of the property taxes for the tax year above -noted.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25th day of July, 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Resolution No. 2023- was duly and regularly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 25th day of July 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
WEED ABATEMENT CITY COUNCIL
7/25/2023
Code Case Number
Code Case Type
Parcel Number
Code Case Status
Code Case Balance Due
WA23-1397
CE - Weed Abatement
909310002
Investigating
$337.00
WA23-1401
CE - Weed Abatement
909370044
Investigating
$1,277.00
WA23-1403
CE - Weed Abatement
910272022
Investigating
$362.00
WA23-1412
CE - Weed Abatement
919043003
Investigating
$737.00
WA23-1433
CE - Weed Abatement
921030044
Investigating
$827.00
WA23-1477
CE - Weed Abatement
922190033
Investigating
$627.00
WA23-1478
CE - Weed Abatement
922190034
Investigating
$782.00
WA23-1480
CE - Weed Abatement
922200010
Investigating
$937.00
WA23-1483
CE - Weed Abatement
940300014
Investigating
$672.00
WA23-1486
CE - Weed Abatement
944060007
Investigating
$1,587.00
WA23-1487
CE - Weed Abatement
944060009
Investigating
$440.75
WA23-1488
CE - Weed Abatement
944330008
Investigating
$517.00
WA23-1489
CE - Weed Abatement
944330019
Investigating
$362.00
WA23-1508
CE - Weed Abatement
945090007
Investigating
$517.00
WA23-1510
CE - Weed Abatement
945110008
Investigating
$1,322.00
WA23-1513
CE - Weed Abatement
945140010
Investigating
$517.00
WA23-1515
CE - Weed Abatement
945150011
Investigating
$362.00
WA23-1520
CE - Weed Abatement
945160022
Investigating
$617.00
WA23-1544
CE - Weed Abatement
957120017
Investigating
$517.00
WA23-1559
CE - Weed Abatement
957340020
Investigating
$1,322.00
WA23-1598
CE - Weed Abatement
966010007
Investigating
$747.00
WA23-1599
CE - Weed Abatement
966090001
Investigating
$2,227.00
WA23-1640
CE - Weed Abatement
957150003
Investigating
$982.00
WA23-1667
CE - Weed Abatement
945090001
Investigating
$462.00
WA23-1685
CE - Weed Abatement
909310003
Investigating
$337.00
WA23-1923
CE - Weed Abatement
909310004
Investigating
$337.00
WA23-1924
CE - Weed Abatement
909310005
Investigating
$337.00
WA23-1925
CE - Weed Abatement
910272002
Investigating
$517.00
WA23-1926
CE - Weed Abatement
910272017
Investigating
$489.50
WA23-1927
CE - Weed Abatement
910272018
Investigating
$489.50
WA23-1928
CE - Weed Abatement
910272025
Investigating
$517.00
WA23-1929
CE - Weed Abatement
910272029
Investigating
$362.00
WA23-1936
CE - Weed Abatement
945120002
Investigating
$337.00
WA23-1937
CE - Weed Abatement
945120003
Investigating
$348.25
WA23-1938
CE - Weed Abatement
945120004
Investigating
$1,292.00
WA23-1939
CE - Weed Abatement
945140007
Investigating
$462.00
WA23-1942
CE - Weed Abatement
919292013
Investigating
$1,002.00
WA23-1943
CE - Weed Abatement
957221051
Investigating
$427.00
WA23-1979
ICE - Weed Abatement
9221900131
Investigating
$854.50
WA23-1980
ICE - Weed Abatement
922200009
Investigating
$982.00
WA23-1992
ICE - Weed Abatement
957150016
Investigating
$827.00
Rev.7/18/2023
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
Location: Citywide
Proposal: Adopt a resolution ordering confirmation of the special assessment
against parcels of land within the City of Temecula for costs of
abatement and removal of hazardous vegetation for fiscal years
2023-24.
PLACE OF HEARING
DATE OF HEARING
TIME OF HEARING:
City of Temecula Civic Center
Council Chambers
41000 Main Street
Temecula, CA
July 25, 2023
6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and
be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition forjudicial review of a decision of the City Council shall be filed within the time required
by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any
such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void
any decision of the City Council, shall be limited to those issues raised at the hearing or in written
correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
The proposed project application may be viewed at the public information counter, Temecula Civic
Center, Community 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 the Code Enforcement
Division, City of Temecula Community Development Department, (951) 302-4144.
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: July 25, 2023
SUBJECT: Recommended Adoption of Resolution of Necessity for Acquisition by Eminent
Domain of Certain Real Property Interests for Public Purposes on Assessor's Parcel
Number 957-090-023 in Connection with the Construction of Public Street,
Drainage, and Related Improvements, and all Uses Necessary or Convenient
Thereto for the Proposed Extension of Nicolas Road from Butterfield Stage Road
to the Calle Girasol/Nicolas Road Connection
PREPARED BY: Ron Moreno, Assistant Director of Public Works
Anissa Sharp, Management Assistant
Paula Gutierrez Baeza, City Attorney's Office
RECOMMENDATION: That the City Council take the following actions:
Consider the following Resolution, which is Resolution of Necessity of the City of
Temecula, declaring certain real property interests necessary for public purposes
and authorizing the acquisition thereof for public use in connection with the
construction of public street, drainage, and related improvements, and all uses
necessary or convenient thereto for the proposed extension of Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection:
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE PUBLIC STREET, DRAINAGE,
AND RELATED IMPROVEMENTS FOR THE NICOLAS ROAD
FROM BUTTERFIELD STAGE ROAD TO THE CALLE
GI ASOL/NICOLAS ROAD CONNECTION (CERTAIN
PROPERTY INTERESTS ON APN 957-090-023) AND MAKING
FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW
IS REQUIRED PURSUANT TO SECTION 15162 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND SECTION 21166 OF THE PUBLIC
RESOURCES CODE
2. Open and conduct a hearing on the adoption of the proposed Resolution of
Necessity, receive from City Staff the evidence stated and referred to in this Agenda
Report ("Report"), take testimony from any person wishing to be heard on issues
A, B, C, and D below, and consider all evidence to determine whether to adopt the
proposed Resolution of Necessity.
If the City Council finds, based on the evidence contained and referred to in this
Report, the testimony and comments submitted to the City Council, that the
evidence warrants the necessary findings with respect to the proposed Resolution
of Necessity, then City Staff recommends that the City Council, in the exercise of
its discretion, adopt proposed Resolution No. 2023- ("Resolution of
Necessity"), which requires a 4/5ths vote of the entire City Council, authorizing the
acquisition by eminent domain of the Subject Property Interests summarized below
and described more particularly in the Exhibits to the Resolution of Necessity:
(i) Isaac G. Navejar and Isabel L. Navejar — 39622 Liefer Road, Temecula
(APN 957-090-023 — Navejar Parcel)
- An approximate 31,168 square foot temporary construction easement with
a term of twelve months on the Navejar Parcel described more particularly
on EXHIBIT A and depicted on EXHIBIT B to Resolution No. 2023-
with a covenant authorizing the construction of certain permanent
rip -rap and related drainage improvements in portions of said approximate
31,168 square foot temporary construction easement area shown roughly on
EXHIBIT C to Resolution No. 2023-
The approximate 31,168 square foot temporary construction easement the City
seeks to acquire on the Navejar Parcel with the covenant authorizing the
construction of permanent rip -rap and related drainage improvements in portions
of said 31,168 square foot area are referred to below collectively as the "Subject
Property Interests." The Subject Property Interests are located on the portions of
the Navejar Property within the Long Valley Wash, a natural flood control channel.
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City
Attorney's Office to file and prosecute an eminent domain proceeding for the
acquisition of the Subject Property Interests by eminent domain.
Authorize the City Manager to execute all necessary documents.
Authorize the City Clerk to certify the adoption of the Resolution of Necessity.
BACKGROUND:
Background and Summary
The City Council has before it a proposed Resolution of Necessity for the acquisition by eminent
domain of the Subject Property Interest described above and in the attached Resolution of
Necessity for public use. The City seeks to acquire the Subject Property Interest for public use,
namely for the construction of certain public off -site improvements, consisting of public street,
drainage, and related improvements, and all uses necessary or convenient thereto in connection
with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road connection ("Project").
Background Regarding Sommers Bend Development Project and Relevant Off -
Site Public Improvements in Connection with Extension of Nicolas Road from
Butterfield Stage Road to Calle Girasol/Nicolas Road Connection and Related
Improvements
As discussed below, the Project will construct certain public improvements, consisting of public
street, drainage, access, public utility and related improvements, and all uses necessary or
convenient thereto in connection with the proposed extension of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are
required to facilitate the street and drainage improvements that will be constructed within the
existing right of way as part of the construction and extension of Nicolas Road and to protect said
improvements from erosion. The Subject Property Interests are also required to construct rip -rap
and related drainage improvements in portions the 31,168 square foot temporary construction
easement area that will protect the related street improvements from erosion and flooding.
The drainage and related improvements that are necessary to support the public street
improvements that will be constructed within the existing right of way as part of the extension of
Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection are in
the public interest and necessity. Said improvements are necessary to protect the street
improvements, provide necessary drainage, and mitigate erosion and flooding in the area of the
street improvements. The City originally approved the Development Agreement between the City
of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development
Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on
January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.
The Development Agreement was amended pursuant to: (1) the First Amendment to the
Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February
14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document
No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City
of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the
Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third
Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016
in the Official Records of Riverside County as Document No. 2016-0156276. Developer
Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California
corporation ("Developer") are the successors to certain of these approved applications for
development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or
"Development Project"). Said development documents are incorporated herein by this reference.
To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the
Development Agreement was approved subject to certain conditions set forth on Exhibit D (New
Attachment 5-A to Development Agreement) to said Third Amendment. Specifically, Condition
3(A) to Exhibit D contains a specific condition of approval requiring Developer to construct certain
public improvements in connection with Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Connection:
Description of Public Improvement. Complete engineering design and construct
full Nicolas Road improvements from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to provide
for all required engineering design, construction plans, CEQA analysis &
processing, environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood Control and
Water Conservation District permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with
the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource
Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection should be combined with the
permits for the Santa Gertrudis Creek Channel improvements downstream of the
existing culverts at Butterfield Stage Road and processed and obtained as a single
package.
The Subject Property Interests are required to complete the offsite drainage and related
improvements necessary to protect the related street and drainage improvements constructed as
part of the Project from erosion and flooding. The City seeks to use the 31,168 square foot
temporary construction easement for a term of twelve months to facilitate the construction of the
Project and to construct the permanent rip -rap and related drainage improvements on the portions
of said 31,168 square foot temporary construction easement depicted roughly on EXHIBIT C to
Resolution No. 2023- . The Subject Property Interests are located on portions of the
Navejar Property within the Long Valley Wash, a natural flood control channel that experiences
flooding during rain events.
Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map
approval or a development agreement requires the installation or construction of improvements on
offsite property not owned or controlled by a developer, and title cannot be obtained by negotiated
purchase, a city is required to commence proceedings to acquire off -site property by eminent
domain or such off -site improvement conditions will be waived. Pursuant to Government Code
Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and
responsibilities for acquisition of such off -site property. The City and the developer of the
Sommers Bend Project entered into that certain Agreement Pursuant to Government Code Section
66462.5 Between Woodside 05S, LP and Wingsweep Corporation, on the one hand, and City of
Temecula, on the other, for Acquisition of Certain Real Property Interests (Calle Girasol/Nicolas
Road Connection) as of April 12, 2022 in connection with the subject offsite public improvements.
Authorization for Acquisition of the Subject Property Interests by Eminent Domain
and Findings Required for Adoption of Resolution of Necessity
The City seeks to acquire the Subject Property Interests for public use, namely to facilitate the
construction of the street and drainage improvements for the Project and to construct drainage and
related improvements, and all uses necessary or convenient thereto in connection with the Project
pursuant to the authority conferred on the City of Temecula to acquire real property by eminent
domain by Section 19 of Article 1 of the California Constitution, Government Code Sections
37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010
et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020,
1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law.
Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be
exercised to acquire property only for a public use. Where the Legislature provides by statute that
a use, purpose, object, or function is one for which the power of eminent domain may be exercised,
such action is deemed to be a declaration by the Legislature that such use, purpose, object, or
function is a public use." Government Code Section 66462.5(c) authorizes the City and the
Developer of the Sommers Bend Project to enter into an agreement requiring the Developer to
complete the required offsite improvements required for the Project pursuant to Government Code
Section 66462 at such time as the City acquires an interest in the land that will permit such
improvements to be constructed. Government Code Section 66462.5(a) provides that a city or
county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title
7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an
interest in the land which will permit the improvements to be made, including proceedings for
immediate possession of the property under Article (commencing with Section 1255.410) of
Chapter 6 of that title."
To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the
Subject Property Interests the City Council must find and determine that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
C. The Subject Property Interests described in the Resolution of Necessity are
necessary for the Project; and
D. The City has made an offer as required by Government Code Section 7267.2
to the owners of record of the Subject Property Interests the City seeks to acquire.
The amount of just compensation is not an issue before the City Council at this hearing. The
hearing relates to issues A, B, C, and D above. The amount of just compensation would be
determined in the eminent domain proceedings that would be filed if the City Council, in its sole
discretion, adopts the proposed Resolution of Necessity.
Environmental Analysis
The environmental effects of the Project and the acquisition of the real property interests needed
for the Project were studied and analyzed as an integral part of the Environmental Impact Report
for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality
Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal.
Code Regs. Section 15000 et seq. ("CEQA Guidelines").
On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding
Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the
Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).
Said environmental documents are incorporated herein by this reference.
Since the adoption of the EIR, five EIR Addendums have been prepared for the Development
Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.
On July 11, 2023, City Staff reviewed the environmental documentation prepared in connection
with the Development Project in connection with Staff s review of the proposed acquisition of the
Subject Property Interests for the Project. City Staff reviewed the EIR, the First Addendum to the
EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the
Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR
adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and
determined that the Project and acquisition of the Subject Property Interests needed for the Project
are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of
the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that
no substantial changes have occurred in the Development Project, no substantial changes have
occurred in the circumstances under which the Development Project is undertaken, and the City
has obtained no new information of substantial importance that would require further
environmental analysis. These environmental findings are the appropriate findings with respect to
the proposed acquisition of the Subject Property Interests for the Project. The above documents
are referred to below collectively as the "Environmental Documents".
City's Actions Pursuant to Government Code Section 7260 et seq.
Pursuant to Government Code Section 7260 et seq., the City of Temecula obtained a fair market
value appraisal of the Subject Property Interests and the larger parcel of which said Subject
Property Interests are a part. The City set just compensation for the Subject Property Interests in
accordance with the fair market value. The City retained Overland Pacific & Cutler ("OPC") as
its acquisition consultant to assist the City with the City's good faith negotiations for the
acquisition of the Subject Property Interests.
Government Code Section 7260 Offer — Subject Property Interests
On September 20, 2022, the City extended a written offer pursuant to Government Code Section
7267.2 to the owners of record, Isaac G. Navejar and Isabel L. Navejar ("Owners"). The offer
letter contained an appraisal summary statement that described the zoning, highest and best use of
the parcel, explained the appraiser's valuation methodology, and included the comparable sales
data relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000,
of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the
offer letter included an eminent domain pamphlet that explained the eminent domain process and
the rights of the record owners.
OPC attempted to meet with the Owners on several occasions to discuss the City's offer and
negotiate in good faith with the owners for the acquisition of the Subject Property Interests. On
October 7, 2022, Mr. Navejar requested that the offer to purchase the Subject Property Interests
be increased to $12,000 from the fair market value set as just compensation. The parties negotiated
the proposed purchase of the Subject Property Interests in good faith and the City agreed to the
counter-offer presented by the Owners. Additional communications were held regarding the
Project. The Owners submitted a letter objecting to the adoption of a resolution of necessity for
the Navejar Parcel in connection with a February 14, 2023 hearing that considered the adoption of
resolutions of necessity for property interests needed from two other parcels. A resolution of
necessity relating to the Navejar Parcel was not on the City Council Agenda at that time. The City
understood that the Owners had reached an agreement for the City's use the Subject Property
Interests and followed up with the Owners regarding said agreement.
Further communications were held between OPC and Mr. Navejar regarding his agreement to let
the City use the Subject Property Interests for $12,000. The Owners' daughter, Vanessa Navejar
Ugalde later requested that all communications to her parents be in writing and that said
communications be sent to her with a copy to Mrs. Navejar. Further communications were held
between the City and the Owners' daughter. The Purchase and Sale Agreement was emailed to
the Owners' daughter on March 7, 2023. Mrs. Navejar was included in the email transmission.
The City followed up several times and on March 23, 2023, the Owners' daughter informed the
City that the Owners "did not agree with any of [the City's] information and are definitely not
interested in any of your (cities, builders) thoughts and opinions" regarding the Navejar Property.
As of the date of this Agenda Report, the parties have not reached a negotiated agreement. Based
on the timing of the Project and the Owners' decision not to proceed with a negotiated sale of the
Subject Property Interests, it is necessary that the City consider the adoption of the Resolution of
Necessity at this time. The adoption of a Resolution does not preclude further negotiations
between the parties for the City's acquisition of the Subject Property Interests.
City's Actions Pursuant to Code of Civil Procedure Section 1245.235
Code of Civil Procedure Section 1245.235 Notice — Subject Property Interests
Pursuant to Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-
class mail dated July 7, 2023 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record
owners of the Subject Property Interests the City seeks to acquire. A courtesy copy of the letter
and notice was also emailed to Mrs. Navejar and to the Owners' daughter. The letter and notice
informed the Owners of the City's intent to consider at its July 25, 2023 meeting, the adoption of
a Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interests
in connection with the Project.
The letter and notice advised the Owners of their right to appear and be heard regarding the City's
proposed adoption of the Resolution of Necessity by filing, within fifteen (15) days of the date the
notice was mailed, a written request with the City to appear at the hearing. The notice specifically
informed the Owners of the Subject Property Interests that they have an opportunity to appear
before the City Council and raise questions about whether the public interest and necessity require
the Project; whether the Project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury; and whether the Subject Property
Interests the City seeks to acquire from the Owners are necessary for the Project.
REQUIRED FINDINGS FOR ADOPTION OF RESOLUTION OF NECESSITY
A. The Public Interest and Necessity Require the Project
The Project, as planned and designed, is in the public interest and necessity and is needed to
construct the public street, drainage, access, public utility and related improvements in connection
with the proposed extension of Nicolas Road from Butterfield Stage Road to the Calle
Girasol/Nicolas Road. The Subject Property Interests are required to protect the street and
drainage improvements that will be constructed within the existing right of way as part of the
construction and extension of Nicolas Road from erosion. The Subject Property Interests are also
required for the construction of certain rip -rap and related drainage improvements in portions of
the 31,168 square foot temporary construction easement area to protect the street improvements
from flooding.
The Project, as planned and located, is consistent with the circulation and street system in the
Roadway Plan depicted in the City of Temecula General Plan. Construction of the permanent rip -
rap and drainage improvements in a portion of the approximate 31,168 square foot temporary
construction easement area will help protect the street and drainage improvements from erosion
and will also help protect the remaining portions of the Navejar Parcel from erosion and to
minimize flooding. The rough location of the rip -rap and related drainage improvements on
Subject Property Interests are shown on EXHIBIT C to Resolution No. No. 2023- . The
drainage and rip -rap improvements are located in the portions of the Navejar Parcel within the
Long Valley Wash.
The Project, as planned and designed, seeks to minimize the impact on private parcels. The Subject
Property Interests are located in the portions of the Navejar Parcel within the Long Valley Wash,
a natural flood control channel that experiences flooding during rain events. The drainage and rip -
rap improvements will help minimize flooding on the remainder portions of the Navejar Parcel.
The construction of the Project will not result in the displacement of any persons because the
residence and improvements located on the Navejar Parcel are not located in the area of the Subject
Property Interests. Based on the timing of the Project, it is necessary that the City consider the
acquisition by eminent domain of the Subject Property Interests at this time because the acquisition
of the Subject Property Interests are necessary to help the City facilitate the construction of the
public street, drainage, rip -rap, and related improvements that will be constructed as part of the
Project.
The public use for which the City seeks to acquire the Subject Property Interests in connection
with the Project, namely for public street, drainage, and related improvements, and all uses
necessary or convenient thereto in connection with the Project will not unreasonably interfere with
or impair the continuance of the public use to which any easement holders may have appropriated
the areas (Code of Civil Procedure Section 1240.510).
B. The Project is Planned and Located in the Manner that will be Most
Compatible with the Greatest Public Good and the Least Private Iniury
The Project is planned and located in the manner that is most compatible with the greatest public
good and the least private injury. The Project is planned and designed to construct necessary
public street, drainage, access, public utility and related improvements, and all uses necessary or
convenient thereto consistent with the Roadway Plan of the City's General Plan. The Subject
Property Interests are required to facilitate the construction of the public street, drainage, and
related improvements in connection with the proposed extension of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection. The Subject Property Interests are
necessary to protect the street improvements that will be constructed within the existing right of
way as part of the construction and extension of Nicolas Road from erosion. The Subject Property
Interests are also required for the construction of rip -rap and related drainage improvements in
portions of said 31,168 square foot temporary construction easement area to protect the street
improvements from flooding.
The Project is also planned and located to minimize the impact on private parcels. The Subject
Property Interests on the Navejar Parcel are located within the Long Valley Wash, a natural flood
control channel that experiences flooding during rain events. The rip -rap and related drainage
improvements that the City will construct in portions of said 31,168 square foot Subject Property
Interests are necessary to protect the street improvements from erosion and flooding and will also
help minimize flooding on the remainder portions of the Navejar Parcel. It is expected that, in the
after condition, less of the remainder portion of the Navejar Parcel will be located within the 100-
year flood limits.
The construction of the Project will not result in the displacement of any persons because the
Subject Property Interests are located in the portions of the Navejar Parcel within the Long Valley
Wash, a natural flood control channel that experiences flooding during rain events. No residences
or other structures are located in the area of the Subject Property Interests.
The public use for which the City seeks to acquire the Subject Property Interests in connection
with the Project, namely for public street, drainage, and related improvements, and all uses
necessary or convenient thereto in connection with the Project will not unreasonably interfere with
or impair the continuance of the public use to which any easement holders may have appropriated
the areas (Code of Civil Procedure Section 1240.510).
C. The Subiect Property Interests Described in each Resolution of Necessity are
Necessary for the Proiect
The City seeks to construct the Project, as planned and designed, to construct necessary public
street, drainage, access, public utility and related improvements consistent with the Roadway Plan
of the City's General Plan. The Subject Property Interests are required to facilitate the construction
of the public street, drainage, and related improvements in connection with the proposed extension
of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection. The
Subject Property Interests are necessary to protect the street improvements that will be constructed
within the existing right of way as part of the construction and extension of Nicolas Road from
erosion. The Subject Property Interests are also required for the construction of permanent rip -rap
and related drainage improvements in portions of said 31,168 square foot temporary construction
easement area to protect the street improvements from erosion and flooding. The rip -rap and
related drainage improvements that will also help minimize flooding on the remaining portions of
the Navejar Parcel. The Subject Property Interests are located in the portions of the Navejar Parcel
within the Long Valley Wash, a natural flood control channel that experiences flooding during rain
events. No residences or structures are located in the area of the Subject Property Interests. The
Project cannot be constructed without the acquisition of the Subject Property Interests.
As stated above, the public use for which the City seeks to acquire the Subject Property Interests
in connection with the Project, namely for public street, drainage, and related improvements, and
all uses necessary or convenient thereto in connection with the Project will not unreasonably
interfere with or impair the continuance of the public use to which any easement holders may have
appropriated the areas (Code of Civil Procedure Section 1240.510).
D. The City has Made an Offer as Required by Government Code Section
7267.2 to the Owners of Record of the Subiect Property Interests
The City's actions under Government Code Section 7260 et seq. in connection with the acquisition
of the Subject Property Interests are detailed above.
Government Code Section 7260 Offer — Subject Property Interests
As noted above, on September 20, 2022, the City extended a written offer pursuant to Government
Code Section 7267.2 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record owners.
The offer letter contained an appraisal summary statement that described the zoning, highest and
best use of the parcel, explained the appraiser's valuation methodology, and included the
comparable sales data relied on by the appraiser. The offer letter offered to pay the reasonable
costs, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section
1263.025. Further, the offer letter included an eminent domain pamphlet that explained the
eminent domain process and the rights of the record owners.
OPC attempted to meet with the record owners on several occasions to discuss the City's offer and
negotiate in good faith with the owners for the acquisition of the Subject Property Interests. On
October 7, 2022, Mr. Navejar requested that the offer to purchase the Subject Property Interests
be increased to $12,000 from the fair market value set as just compensation. The parties negotiated
the proposed purchase of the Subject Property Interests in good faith and the City agreed to the
counter-offer presented by the Owners. Additional communications were held regarding the
Project. The Owners submitted a letter objecting to the adoption of a resolution of necessity for
the Navejar Parcel in connection with a February 14, 2023 hearing that considered the adoption of
resolutions of necessity for property interests needed from two other parcels. A resolution of
necessity was not on the City Council Agenda and was not considered for the Navejar Parcel at
that time. The City understood that the Owners had reached an agreement for the City's use of the
Subject Property Interests and followed up with the Owners regarding said agreement.
Further communications were held between OPC and Mr. Navejar regarding his agreement to let
the City use the Subject Property Interests for $12,000. The Owners' daughter, Vanessa Navejar
Ugalde later requested that all communications to her parents be in writing and that said
communications be sent to her with a copy to Mrs. Navejar. Further communications were held
between the City and the Owners' daughter. The Purchase and Sale Agreement was emailed to
the Owners' daughter on March 7, 2023. Mrs. Navejar was included in the email transmission.
The City followed up several times and on March 23, 2023, the Owners' daughter informed the
City that the Owners "did not agree with any of [the City's] information and are definitely not
interested in any of your (cities, builders) thoughts and opinions" regarding the Navejar Property.
As of the date of this Agenda Report, the parties have not reached a negotiated agreement. Based
on the timing of the Project and the Owners' decision not to proceed with a negotiated sale of the
Subject Property Interests, it is necessary that the City consider the adoption of the Resolution of
Necessity at this time. The adoption of a Resolution does not preclude further negotiations
between the parties for the City's acquisition of the Subject Property Interests.
INCORPORATION OF DOCUMENTS
The following documents referenced above are on file with the City Clerk's Office and/or the
Public Works Department and are incorporated herein by this reference:
• Resolution No. 2023- , Resolution of Necessity with EXHIBIT A, EXHIBIT
B, and EXHIBIT C in connection with the Subject Property Interests (attached
hereto)
• City of Temecula General Plan
• Offer letters to the record owners of the Subject Property Interests
• Notices pursuant to Code of Civil Procedure Section 1245.235 to record owners of
the Subject Property Interests
• Development Project Documents
9 Environmental Documents relating to Development Project
FISCAL IMPACT: Pursuant to the Agreement Pursuant to Government Code Section
66462.5 Between Woodside 05S, LP and Wingsweep Corporation, on the one hand, and City of
Temecula, on the other, for Acquisition of Certain Real Property Interests (Calle Girasol/Nicolas
Road Connection) as of April 12, 2022, the Developer is responsible for the acquisition costs in
connection with the real property interests required for the construction of the off -site
improvements.
ATTACHMENTS:
1. Resolution - Resolution of Necessity in connection with Navejar Property
Interests (APN 957-090-023)
2. Exhibits A, B and C to the Resolution of Necessity in connection with Navejar
Property Interests (APN 957-090-023)
RESOLUTION NO.2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA DECLARING CERTAIN REAL
PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION
THEREOF IN CONNECTION WITH THE PUBLIC STREET,
DRAINAGE, AND RELATED IMPROVEMENTS FOR THE
NICOLAS ROAD FROM BUTTERFIELD STAGE ROAD TO
THE CALLE GIRASOL/NICOLAS ROAD CONNECTION
(CERTAIN PROPERTY INTERESTS ON APN 957-090-023)
AND MAKING FINDINGS THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO SECTION 15162 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT GUIDELINES AND
SECTION 21166 OF THE PUBLIC RESOURCES CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County of
Riverside, State of California.
B. The City originally approved the Development Agreement between the City of
Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement)
pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003
as Document No. 2003-018567 in the Official Records of the County of Riverside. The
Development Agreement was amended pursuant to: (1) the First Amendment to the Development
Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and
recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-
0162268; (2) the Second Amendment to the Development Agreement Between the City of
Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official
Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to
the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official
Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a
California Limited Partnership and Wingsweep Corporation, a California corporation are the
successors to certain of these approved applications for development and propose to construct the
Sommers Bend Project ("Sommers Bend Project" or "Development Project").
C. To facilitate the orderly development of the Sommers Bend Project, the Third
Amendment to the Development Agreement was approved subject to certain conditions set forth
on Exhibit D (New Attachment 5-A to Development Agreement) to said Third Amendment.
Specifically, Condition 3(A) to Exhibit D contains a specific condition of approval requiring
Developer to construct certain public improvements in connection with Nicolas Road from
Butterfield Stage Road to the Calle Girasol/Nicolas Connection:
Description of Public Improvement. Complete engineering design and construct
full Nicolas Road improvements from Butterfield Stage Road to the Calle
Girasol/Nicolas Road Connection.
... Owners of Phase II Property shall be required, on behalf of the City, to provide
for all required engineering design, construction plans, CEQA analysis &
processing, environmental mitigation measures, right-of-way acquisition, and to
obtain all necessary Resource Agency and Riverside County Flood Control and
Water Conservation District permits.
Resource Agency permits for the offsite portion of Nicolas Road from Butterfield
Stage Road to the Calle Girasol/Nicolas Road Connection were not obtained with
the Resource Agency permits for Roripaugh Ranch Phase II. Due to Resource
Agency regulations, the offsite portion of Nicolas Road from Butterfield Stage
Road to the Calle Girasol/Nicolas Road Connection should be combined with the
permits for the Santa Gertrudis Creek Channel improvements downstream of the
existing culverts at Butterfield Stage Road and processed and obtained as a single
package.
D. The Project requires the acquisition of an approximate 31,168 square foot
temporary construction easement with a term of twelve months and a covenant authorizing the
construction of certain permanent rip -rap and related drainage improvements in portions of said
31,168 square foot temporary construction easement area on the real property located at 39622
Liefer Road, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 957-
090-023 described more particularly at Section 3 below.
E. Pursuant to California Government Code Section 66462.5, when a condition of a
subdivision map approval or a development agreement requires the installation or construction of
improvements on offsite property not owned or controlled by a developer, and title cannot be
obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site
property by eminent domain or such off -site improvement conditions will be waived. Pursuant to
Government Code Section 66462.5(c), a city and a developer may enter into an agreement to
allocate the costs and responsibilities for acquisition of such off -site property. The City and the
developer of the Sommers Bend Project entered into that certain Agreement Pursuant to
Government Code Section 66462.5 Between Woodside 055, LP and Wingsweep Corporation, on
the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests
(Calle Girasol/Nicolas Road Connection) as of April 12, 2022 in connection with the subject offsite
public improvements.
Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula
adopts Resolution No. 2023- , A Resolution of the City Council of the City of Temecula
Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the
Acquisition Thereof in Connection with the Public Street, Drainage, and Related Improvements
for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road Connection
(Certain Property Interests on APN 957-090-023) and Making Findings that No Further
Environmental Review is Required Pursuant to Section 15162 of the California Environmental
Quality Act Guidelines and Section 21166 of the Public Resources Code.
N
A. The City hereby adopts the Resolution of Necessity authorizing the acquisition by
eminent domain of the approximate 31,168 square foot temporary construction easement with a
term of twelve months described more particularly in Section 3 below for public use, namely to
facilitate the construction of certain public off -site improvements, consisting of public street,
drainage, and related improvements, and for the construction of certain permanent rip -rap and
related drainage improvements in portions of said 31,168 square foot temporary construction
easement area, and all uses necessary or convenient thereto in connection with the proposed
extension of Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road pursuant
to the authority conferred on the City of Temecula to acquire real property by eminent domain by
Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5,
37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent
Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120,
1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure Section
1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only
for a public use. Where the Legislature provides by statute that a use, purpose, object, or function
is one for which the power of eminent domain may be exercised, such action is deemed to be a
declaration by the Legislature that such use, purpose, object, or function is a public use."
Government Code Section 66462.5(c) authorizes the City and the developer of a project for which
the construction of offsite improvements are required to enter into an agreement requiring the
developer to complete the improvements pursuant to Government Code Section 66462 at such
time as the City acquires an interest in the land that will permit such improvements to be
constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by
negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with
Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which
will permit the improvements to be made, including proceedings for immediate possession of the
property under Article (commencing with Section 1255.410) of Chapter 6 of that title."
Section 3. Subject Property Interests. The City hereby authorizes the acquisition by
eminent domain of the following real property interests (referred to below collectively as the
"Subject Property Interests") on the real property located at 39622 Liefer Road, Temecula, and
identified as Riverside County Tax Assessor's Parcel Number 957-090-023 ("Property") for public
use, namely to facilitate the construction of certain public improvements, consisting of public
street, drainage, and related improvements, and all uses necessary or convenient thereto and to
construct certain permanent rip -rap and related drainage improvements in portions of said 31,168
square foot temporary construction easement area on the Property in connection with the
improvements for the Nicolas Road from Butterfield Stage Road to the Calle Girasol/Nicolas Road
Connection:
• An approximate 31,168 square foot temporary construction easement on the
Property with a term of twelve months described more particularly on EXHIBIT
A and depicted on EXHIBIT B attached hereto and incorporated herein by this
reference to facilitate the construction of the Project with a covenant that would
authorize the construction of certain rip -rap and related drainage improvements
in portions of said 31,168 square foot temporary construction easement area to
protect the related street and drainage improvements from erosion and flooding.
3
A rough depiction of the location of the permanent rip -rap and related drainage
improvements that will be constructed within said 31,168 square foot temporary
construction easement area is shown on EXHIBIT C attached hereto and
incorporated herein by this reference.
Section 4. Environmental Review.
A. The environmental effects of the Project and the acquisition of the real property
interests needed for the Project were studied and analyzed as an integral part of the Environmental
Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California
Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the
CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines"). On
November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City
Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for
the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the
Environmental Findings Pursuant to the California Environmental Quality Act, and the State
CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding
Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the
Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).
Said environmental documents are incorporated herein by this reference. Since the adoption of
the EIR, five EIR Addendums have been prepared for the Development Project area. The most
recent Addendum to the EIR was adopted on January 14, 2020.
B. On July 11, 2023, City Staff reviewed the environmental documentation prepared
in connection with the Development Project in connection with Staff s review of the proposed
acquisition of the Subject Property Interests for the Project. City Staff reviewed the EIR, the First
Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on
March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth
Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on
January 14, 2020, and determined that the Project and acquisition of the Subject Property Interests
needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria
of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City
Staff concluded that no substantial changes have occurred in the Development Project, no
substantial changes have occurred in the circumstances under which the Development Project is
undertaken, and the City has obtained no new information of substantial importance that would
require further environmental analysis. These environmental findings are the appropriate findings
with respect to the proposed acquisition of the Subject Property Interests for the Project. The
above documents are referred to below collectively as the "Environmental Documents."
Section 5. The Project, as planned and designed, is in the public interest and necessity and
is needed to construct the public street, drainage, access, public utility and related improvements
in connection with the proposed extension of Nicolas Road from Butterfield Stage Road to the
Calle Girasol/Nicolas Road Connection. The Subject Property Interests are required to protect the
street and drainage improvements that will be constructed within the existing right of way as part
of the construction and extension of Nicolas Road from erosion. The Subject Property Interests
are also required for the construction of permanent rip -rap and related drainage improvements in
portions of said 31,168 square foot permanent easement area to protect the street improvements
4
from flooding.
C. The Project, as planned and located, is consistent with the circulation and street
system in the Roadway Plan depicted in the City of Temecula General Plan. Construction of the
permanent rip -rap and related drainage improvements in a portion of the approximate 31,168
square foot portion of the Subject Property Interests is necessary to protect the street improvements
from erosion and to minimize flooding. The drainage and rip -rap improvements that will be
constructed in portions of the Subject Property Interests located within the Long Valley Wash will
also help minimize flooding on the remainder portions of the Property.
D. The Project is planned and located in the manner that is most compatible with the
greatest public good and the least private injury. The Project, as planned and designed, seeks to
minimize the impact on private properties. The Subject Property Interests are located in the
portions of the Property within the Long Valley Wash, a natural flood control channel that
experiences flooding during rain events. The permanent rip -rap and related drainage
improvements that will be constructed in portions of said 31,168 square foot temporary
construction easement area will help minimize flooding on the remainder portions of the Property.
The construction of the Project will not result in the displacement of any persons because no
residences or structures are located in the area of the Subject Property Interests. Based on the
timing of the Project, it is necessary that the City consider the acquisition by eminent domain of
the Subject Property Interests to proceed with the construction of the public street, drainage, and
related improvements for the Project.
E. The public use for which the City seeks to acquire the Subject Property Interests in
connection with the Project, namely for public street, drainage, and related improvements, and all
uses necessary or convenient thereto in connection with the Project will not unreasonably interfere
with or impair the continuance of the public use to which any easement holders may have
appropriated the areas (Code of Civil Procedure Section 1240.510).
Section 6. Offer Letter. Pursuant to Government Code Section 7260 et seq., the City of
Temecula obtained a fair market value appraisal of the Subject Property Interests and the Property.
The City set just compensation for the Subject Property Interests in accordance with the fair market
values. The City retained Overland Pacific & Cutler ("OPC") as its acquisition consultant to assist
the City with the City's good faith negotiations for the acquisition of the Subject Property Interests.
On September 20, 2022, the City extended a written offer pursuant to Government Code Section
7267.2 to the owners of record, Isaac G. Navejar and Isabel L. Navejar (Owners). The offer letter
contained an appraisal summary statement that described the zoning, highest and best use of the
Property explained the appraiser's valuation methodology, and included the comparable sales data
relied on by the appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an
independent appraisal pursuant to Code of Civil Procedure Section 1263.025. Further, the offer
letter included an eminent domain pamphlet that explained the eminent domain process and the
rights of the record owners. On October 7, 2022, Mr. Navejar requested that the purchase price
for the Subject Property Interests be increased. Additional discussions took place between the
Parties. The City agreed to the Owners' counteroffer and prepared a Purchase and Sale Agreement.
Further communications were held between OPC and Mr. Navejar regarding his agreement to let
the City use the Subject Property Interests for the agreed -upon purchase price. The Owners'
daughter, Vanessa Navejar Ugalde, later requested that all communications to her parents be sent
5
to her with a copy to Mrs. Navejar. Further communications were held between the City and the
Owners' daughter. The Purchase and Sale Agreement was emailed to Mr. and Mrs. Navejar's
daughter, on March 7, 2023. Mrs. Navejar was included in the email transmission. The City
followed up several times and on March 23, 2023, Ms. Navejar Ugalde informed the City that the
Owners "did not agree with any of [the City's] information and are definitely not interested in any
of your (cities, builders) thoughts and opinions" regarding the Property. As of July 25, 2023, the
Parties have not reached an agreement for the City's acquisition of the Subject Property Interests.
Section 7. Notice Pursuant to Code of Civil Procedure Section 1245.235. Pursuant to
Code of Civil Procedure Section 1245.235, the City sent a letter and a notice by first-class mail
dated July 7, 2023 to the Owners, Isaac G. Navejar and Isabel L. Navejar, the record owners of the
Subject Property Interests. The letter and notice informed the Owners of the City's intent to
consider at its July 25, 2023 meeting, the adoption of a Resolution of Necessity for the acquisition
by eminent domain of the Subject Property Interests in connection with the Project. The noticed
advised the Owners of their right to appear and be heard regarding the City's proposed adoption
of the Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed,
a written request with the City to appear at the hearing. The notice specifically informed the
Owners of the Subject Property Interests that they have an opportunity to appear before the City
Council and raise questions about whether the public interest and necessity require the Project;
whether the Project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; and whether the Subject Property Interests the
City seeks to acquire from the Owners are necessary for the Project. On July 7, 2023, City Staff
also sent a courtesy copy of said notice by electronic mail to the Ms. Navejar and the Owners'
daughter.
Section 8. Based on the evidence presented at the hearing regarding the acquisition of the
Subject Property Interests for the Project, including the Agenda Report, the documents referenced
therein, and any oral or written testimony at the hearing, the City Council hereby finds and
determines that:
A. The public interest and necessity require the Project;
B. The Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury;
C. The Subject Property Interests, consisting of the approximate 31,168 square foot
temporary construction easement with a term of twelve months on the Property to facilitate the
construction of the Project and to protect the related street and drainage improvements constructed
as part of the Project from erosion and flooding, which is described more particularly on EXHIBIT
A and depicted on EXHIBIT B hereto, and the covenant that would authorize the construction of
certain permanent rip -rap and related drainage improvements in portions of said 31,168 square
foot temporary construction easement area roughly shown on EXHIBIT C hereto to protect the
street improvements from erosion and to minimize flooding, are necessary for the Project; and
D. The City has made the offer required by Government Code Section 7267.2 to the
owners of record of the Subject Property Interests the City seeks to acquire.
Section 9. The findings and declarations contained in this Resolution are based upon the
record before the City Council, including the Agenda Report, and all documents referenced
therein, all of which are incorporated herein by this reference, documents and testimony and/or
comments submitted to the City by the Owners or the Owners' representative(s). These documents
include, but are not limited to the City of Temecula General Plan, the documents relating to the
Sommers Bend Development, offer letter sent to the Owners pursuant to Government Code
Section 7267.2, the letter and notice pursuant to Code of Civil Procedure Section 1245.235, and
Environmental Documents relating to the Development Project.
Section 10. Authorization to File Eminent Domain Proceeding. The City Attorney's Office
is authorized to take all steps necessary to commence and prosecute legal proceedings in a court
of competent jurisdiction to acquire the Subject Property Interests, consisting of the approximate
31,168 square foot temporary construction easement with a term of twelve months described more
particularly on EXHIBIT A and depicted on EXHIBIT B hereto to facilitate the construction of
the Project and a covenant that would authorize the construction of certain rip -rap and related
improvements in portions of said 31,168 square foot temporary construction easement roughly
depicted on EXHIBIT C hereto to protect the related street and drainage improvements roughly
from erosion and flooding and to help minimize flooding on the remainder portions of the Property.
Section 11. City Manager Authority. The City Manager is authorized to execute all
necessary documents in connection with the eminent domain proceeding.
Section 12. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 25 day of July, 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 251h day of July, 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT A TO EXHIBIT B
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
That portion of Parcel 4 of Parcel Map No. 18022, in the City of Temecula. County of Riverside,
Slate of California, as shown on the map recorded in Book 112, Pages 28 and 29 of Parcel Mops.
in the Off -ice of the County Recorder of said Riverside County. descr bed as follows;
BEGINNING at the southeasterly corner of said Parcel 4, said pant being an the northerly Right of
Way line of Nicolas Road (55.00 toot half -width):
Thence along the easterly line of said Parcel 4 North 09°1Q'13" West 167.45 feet;
Thence leaving said easterly line South 49'1117' West 0.92 feet;
Thence South 49°01'49"'West 103.63 feet;
Thence South 70'04'10" West 126.67 feet;
Thence South 73°53'38" West 67.95 feet;
Thence South 20'49'47" West 46.75 feet to the westerly line of said Parcel 4:
Thence along said westerly line and the southerly line of staid Parcel 4 South 06232'34" East 12.12
feet,
Thence South 53°38'21" East 33.78 feet to the
Thence North 81'36' 16' East 281.06 feet to the POINT OF BEGINNING.
Ccnlaining 0.72 Acres, or 31.168 Square Feet: more or less
This description was prepared
by me or under my direction.
o LAllp���
l —Date- 41 t4'j JflNN p, o
Ja R. DuquetteOPLS 7566
bU4UETrE_ �
No. 7-S66
LP A
Michael Baker International September 2, 2020
40810 County Center Drive, Suile 200 JN 175051
Temecula, CA 92591 Page 1 of 1
EXHIBIT A
-I-
EXHIBIT B
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
APPk 957-090-0 3
NAVEJAR PROPERTYbr
�-
`2
° P08
7 Po NV 06
in
w
J
SCALE: 1 "=60'
POC = POINT OF COMMENCEMENT
TPDB = TRUE POINT OF BEGFNNING
= INDICATES RECORD DATA PER
PM NO 18022, PMB 112%28-29
EXHIBIT B
-I-
DATA TABLE
EEARINGJDELTA
LENGTH
1
N49'11'17'E
0.92
2
N49'01'49"E
103,63'
3
N70'04'10'1=
126-67'
4
N734 53'38"E.
67.95'
5
PU0 49'47"E
46_75'
6 1
NCV 32'34..w
12_'2'
7
M53°38'2'"ri 33.78
SHEET 1 OF 1
I N T E R N A T 1 0 N A L
EXHIBIT C
DESCRIPTION OF PERMANENT IMPROVEMENTS TO BE CONSTRUCTED ON
PORTION OF GRANTOR'S PROPERTY
AFI* 957-090-023
NAVEJAR PROPERTY
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1
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1 Saloom 100
No
60 30 0 60 N I COLAS ROAD
SCALE_ I"=60'
pw:
IS ME IS TEMPORARY CONSTRUCTION EASEMENT AND COVENANT
FOR CONSTRUCTION OF PERMANENT IMPROVEMENTS
RIP RAP SLOPE EROSION PROTECTION
EXHIBIT C
-I-
INTERNATIONAL
Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: July 25, 2023
SUBJECT: Fire Department Monthly Report
PREPARED BY:
RECOMMENDATION:
Report.
Wendy Miller, Management Analyst
That the City Council receive and file the Fire Department Monthly
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Item No. 16
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Chris Durham, Captain
DATE: July 25, 2023
SUBJECT: Temecula Sheriff's Monthly Report (June 2023)
PREPARED BY: Chris Mattson, Sergeant
RECOMMENDATION: That the City Council receive and file.
The following report reflects the activity of the Temecula Sheriff's Station for June 2023.
PATROL SERVICES
Overall calls for police service.................................................................................................6,649
"Priority One" calls for service......................................................................................................63
Average response time for "Priority One" calls.........................................................................7.29
VOLUNTEERS
Chaplain....................................................................................................................................38.50
Community Action Patrol (CAP) hours..................................................................................791.70
Reserve officer hours (patrol)........................................................................................................20
Explorer.......................................................................................................................................... 84
Station/Administration ...................................................................................................................16
Total Volunteer hours.............................................................................................................950.20
OLD TOWN STOREFRONT
Total customers served.....................................................................................821
Fingerprints/Live Scan.....................................................................................151
Policereports filed .............................................................................................10
Citationssigned off..........................................................................................15
Totalreceipts...........................................................................................................................$5,476
CRIME PREVENTION
Crime prevention/Neighborhood watch meetings...........................................................................2
Safety presentations/Training................................................................................3
Specialevents.................................................................................................................................12
Residential/Business security surveys conducted............................................................................0
Residences/Businesses visited for past crime follow-up
.................................................................0
StationTours....................................................................................................................................0
Planning Review Projects.......................................................................................2
Temp Outdoor Use Permits....................................................................................5
SPECIAL TEAMS (CORE)
ReportsWritten...............................................................................................3 1
Onsight felony arrests.....................................................................................................................3
On sight misdemeanor arrests................................................................................4
Felony arrest warrants served.................................................................................3
Misdemeanor arrest warrants served.............................................................................................12
AreaChecks...................................................................................................112
CampChecks................................................................................................................................13
PedestrianChecks.....................................................................................................42
Traffic Stops/Vehicle Checks..................................................................................................... 2/1
Outreach attempts / Success........................................................................................................ 1/3
SPECIAL TEAMS (Metro District Team)
On sight, felony arrests......................................................................................14
Onsight, misdemeanor arrests.......................................................................................................26
Felony arrest warrants served..........................................................................................................8
Misdemeanor arrest warrants served.............................................................................................43
Bar/Business checks......................................................................................................................30
D.U.I. Arrests................................................................................................................................11
Traffic/Parking citations.............................................................................................................204
FirearmsSeized................................................................................................ I
SPECIAL TEAMS (Special Enforcement Team)
Onsight felony arrests......................................................................................................................4
On sight misdemeanor arrests......................................................................................................... I I
Felony arrest warrants served...........................................................................................................4
Misdemeanor arrest warrants served................................................................................................8
Follow-up investigations/search warrants....................................................................8
Parole/Probation Searches.............................................................................................................20
PedestrianChecks...................................................................................................8
Traffic Stops/Vehicle Checks.....................................................................................................13/7
Marijuana Dispensary Checks.........................................................................................................0
ROBBERY/BURGLARY SUPPRESSION TEAM
BeginningCaseload.......................................................................................................................61
TotalCases Assigned....................................................................................................................16
TotalCases Closed........................................................................................................................19
Search Warrants prepared/served.................................................................................................I I
Arrests............................................................................................................................................10
Outof Custody Filings............................................................................................8
TRAFFIC
Citations issued for hazardous violations..................................................................................1619
Non -hazardous citations...............................................................................................................195
Parkingcitations...........................................................................................................................183
Stop Light Abuse/Intersection Program (S.L.A.P.) citations.......................................................177
Seatbelts.........................................................................................................................................39
CellPhone Cites...........................................................................................................................296
Injurycollisions.............................................................................................................................28
D.U.I. Arrests.................................................................................................................................31
Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................4
Grant -funded traffic click it or ticket/traffic enforcement..............................................................2
INVESTIGATIONS
BeginningCaseload.......................................................................................................................81
TotalCases Assigned....................................................................................................................32
TotalCases Closed........................................................................................................................28
Search Warrants prepared/served.................................................................................................31
Arrests..............................................................................................................................................5
Outof Custody Filings............................................................................................6
Sex Offenders Processed....................................................................................26
PROMENADE MALL TEAM
Callsfor service...........................................................................................................................217
Felonyarrest/filings.........................................................................................................................6
Misdemeanor arrest/filings............................................................................................................14
TrafficCitations..............................................................................................48
Total customers served.............................................................................................................1,028
Fingerprints/Live Scans...............................................................................................................254
Totalreceipts............................................................................................ $7,363
SCHOOL RESOURCE OFFICERS (Out of session for the summer)
Felonyarrest.....................................................................................................................................0
Misdemeanor arrests........................................................................................................................ I
Reports.............................................................................................................................................7
Citations.........................................................................................................................................12
Meetings/Presentations..................................................................................................................31
Item No. 17
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer
DATE: July 25, 2023
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for
Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report
may also be viewed on the City's website at:
hl!p://temeculaca.gov/270/Cqpital-improvement-Projects-CIP
ATTACHMENT: Project Status Report
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Cherry Street Extension & Murrieta Creek Crossing, PW19-15
Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new
crossing of Murrieta Creek.
Cost: $37,831,090
Status: The City has received a general plan for a two -span bridge and a general plan for a bridge with a 500-foot
long viaduct. Environmental agencies have stated that a low -flow crossing is a non -starter. The two -span
bridge will exacerbate flooding. Staff is discussing options on how 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 Q2 of 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
CIRCULATION PROJECTS (Continued)
French Valley Parkway/Interstate 15 Improvements- Phase 11, PW16-01
Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the
Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction
with connection to Interstate 15 and Interstate 215.
Cost: $138,736,346
Status: Project is under construction May 2023 — May 2025. For detailed information, please visit the project
website at TemeculaCA.gov/FVP2.
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 Final Plans, Specifications, and Estimate.
Target for beginning of construction is Winter 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. The design consultant, SB&O, has finished the ground penetrating radar scope of work.
They are starting the conceptual design.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
CIRCULATION PROJECTS (Continued)
Murrieta Creek Bridge at Overland Drive, PW16-05
Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road
and Winchester Road.
Cost: $26,073,374
Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council
approved the design agreement with CNS Engineers Inc. at the March 12, 2019, meeting. Preliminary
Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 65% complete. RCA
JPR Conformance is approved. Biological monitoring in Temecula Creek for potential mitigation site is
complete as of July 2021. Project has received MSHCP conformance. Staff continues to work with Caltrans
to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management had proposed
reducing the curb -to -curb width of the bridge that is considered "participating" for grant funding purposes.
Staff has been able to address this issue with Caltrans and the majority of the bridge width will remain as a
participating cost. 2022 HBP Bridge Update was submitted in August. NEPA approval is anticipated in
August 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 was submitted in July 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
CIRCULATION PROJECTS (Continued)
Pavement Rehabilitation Program — Ynez Road, Solana Way, Nicolas Road and
Winchester Road, PW 21-10
Description: Pavement rehabilitation project on Ynez Road, Solana Way, Nicolas Road and Winchester Road.
Pavement rehabilitation includes full width and/or edge grinding of existing asphalt, localized dig outs,
preparation of grade, and placement of rubberized asphalt concrete pavement. Work also includes
reconstruction of ADA curb ramps, removal and replacement of curb and gutter, adjustment of existing
utilities to grade, installation and removal of temporary video detection and restoration of existing striping,
and detector loops.
Cost: $4,651,420.13
Status: Construction contract was awarded by City Council on October 11, 2022. Construction started on October
17, 2022 And then suspended due to low temperatures. Construction restarted on April 10, 2023. Project
is complete, finalizing last CCO. Anticipating to file NOC is late August 2023.
Pavement Rehabilitation Program- Meadowview/ Paloma Del Sol, PW21-06
Description: Rehabilitation of roads in interior streets in the Meadowview tract, and Paloma Del Sol tract Amarita Way,
Montelegro Way, and Santiago Rd.
Cost: $4,732,266.70
Status: In construction. Paloma Del Sol and Meadowview areas are complete. Punchlist phase of work. Anticipated
completion of project is end of July 2023.
Rancho California Median Improvements, PW23-04
Description: Design and construction of missing raised concrete medians with landscaping between Humber Drive and
Butterfield Stage Road. In addition, there will also be construction of missing improvements on the north
side of Rancho California Road, between Riesling Court and Promenade chardonnay Hills. The
improvements will include median curbs, curb and gutter, sidewalks, and landscape and irrigation.
Cost: $3,855,000
Status: An informal RFP was sent to the City's on -call engineering consultants. Design is anticipated to start in
August 2023 with the consultant that is chosen from said RFP.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
INFRASTRUCTURE PROJECTS
Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19
Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive.
Cost: $471970
Status: In construction, all conduits have been installed 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 is complete, Contractor is
preparing last invoice. Anticipate to file the NOC at the end of August 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 Avenue has been closed and a permanent block wall was constructed. Project is in the
close out phase.
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
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
Bike and Trail Program — Great Oak Trail Lighting, PW21-16
Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of
Pechanga Parkway from Deer Hollow Way to Loma Linda Road.
Cost: $400,000
Status: Project is currently in design.
Citywide Drainage Master Plan, PW19-16
Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master
hydrology study showing the anticipated storm flows at build -out.
Cost: $600,000
Status: GIS database in process of being updated. Full GIS drainage update anticipated in July 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. The facility was opened to the public mid -June, 2023. Design for Phase 2 started in February
2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
Fiber Optic Communication System Upgrade, PW 18-05
Description: This project will install fiber optic communication system upgrades including conduit, cable, CCTV cameras,
traffic signal controllers, and related communication equipment to improve safety and operations with
optimized traffic signal timing coordination. Various signalized intersections will be improved along the
Winchester Road, Rancho California Road, and Temecula Parkway corridors.
Cost: $1,208,200
Status: All communication infrastructure and traffic signal cabinet equipment has been installed. Project is in fiber
optic communication testing stage.
Fiber Optic Communications Systems- Citywide, PW 22-03
Description: This project will develop a communications masterplan that will provide a strategic plan outlining the
approach and buildout design of fiber optic cable and conduit throughout the City. The masterplan
document will provide a roadmap to connect all existing and future traffic signals, traffic monitoring devices,
surveillance cameras, and City facilities to City -owned fiber communication lines. The ultimate project goal
is to enhance the City's existing fiber optic communication system to ensure it can handle the future needs
of the City.
Cost: $120,150
Status: The project has just commenced, and the consultant is working on an existing systems assessment.
Fire Station 84 Renovation, PW19-14
Description: This project includes the design, construction, and renovation to Fire Station 84. The renovations include,
adding a Wellness Room, expanding the Storage Room, and upgrading the Training Room. Also, the
upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay
doors and any necessary improvements needed to conform to ADA accessibility access.
Cost: $1,641,028
Status: Advertisement for construction bids was cancelled. Contract documents are under revision and 2nd plan
check was submitted on April 10, 2023. The plans and specifications are anticipated to be approved by
mid -July 2023. Anticipate to re -advertise the project after that.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19
Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula
Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe.
This project includes the design and construction of enhanced landscaping, hardscape, and irrigation
between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway)
interchange.
Cost: $3,558,483
Status: Design and environmental studies August 2019 — July 2023. Current activities include environmental
revalidation and design of new power and irrigation water service. Estimated construction start in early Fall
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. Roofing is near complete. Contractor
is currently installing millwork inside the building and working on pool.. Anticipate building to have
permanent power installed by July 21, 2023. 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
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
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
Mary Phillips Senior Center Outdoor Recreational Area, PW22-08
Description: The project includes the design and construction of a shuffleboard court area adjacent to Mary Phillips
Senior Center. In addition, the HVAC units will be replaced.
Cost: $650,000
Status: Construction contract awarded by City Council on May 9, 2023. Notice to Proceed was issued June 26,
2023. Contractor has already ordered shade structures.
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. Consultant is re -designing project to eliminate retaining wall. Design is
anticipated to be completed by end of July 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 July 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
INFRASTRUCTURE PROJECTS (Continued)
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. NOC filed at the July 11, 2023 City Council Meeting.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
PARKS AND RECREATION PROJECTS
Murrieta Creek Improvements — Trail Lights, 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. A US Army Corps of Engineers
(USACE) 408 permit is required and an application has already been submitted
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 out for public bidding with bids scheduled to be opened July 20, 2023.
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: Bid documents are finalized. Project is scheduled to be posted on PlanetBids on Thursday 07/13/2023.
Bids will be opened on Thursday 08/03/2023. Construction is anticipated to start in September 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
July 25, 2023
PARKS AND RECREATION PROJECTS (Continued)
PICKLEBALL COURTS, PW21-03
Description: Design and construct new, dedicated pickleball courts at Ronald Reagan Sports Park.
Cost: $3,300,878
Status: Project is at 60% design stage. Construction bidding is anticipated to be early 2024.
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. USA Shade is currently manufacturing the shade structure. Installation
of shade structure is anticipated to take place the week of August 21, 2023.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
PARKS AND RECREATION PROJECTS (Continued)
Ronald Reagan Sports Park Hockey Rink Improvements, PW22-06
Description: This project will include the renovation of the existing hockey rink to install new flooring material and arena
style roof structure and also address ADA noncompliance.
Cost: $1,200,000
Status: A Request for Qualification 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. Construction anticipated to start in Q1 of 2024.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 2023
LAND DEVELOPMENT OVERSIGHT PROJECTS
American Tire Depot
Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services,
located at the southwest corner of Ynez Road and DLR Drive.
Status: Parking lot has been paved. Wet utility tie-in construction has commenced.
Arrive @ Rancho Highlands
Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is
located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road
on the north side of Ynez Road.
Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain
construction has commenced. Overflow parking lot has been paved.
Heirloom Farms
Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of
detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road.
Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula
Center Drive.
Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain
improvements permits were issued in October 2021 and the traffic signal permit was issued in September
2021. Precise grading is approved and in progress. Street Improvements in progress.
Las Haciendas Apartments
Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas
Street in Uptown Temecula.
Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is
ongoing.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
July 25, 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
REQUEST TO SPEAK
CITY OF TEMECULA
1989
Date: ---V25 4 3
Public Comment: Non -Agenda Item: IX Agenda Item ❑ Future Agenda Item: ❑
p H1'I' o-� Znl i ^d 0 (' S-
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
Email address:
PhoneNumber:
If you are representing an organization or group, please give the name:
aid
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
� CITY OF TEMECULA
1989
Date: gs
Public Comment: Non -Agenda Item: Agenda Item Future Agenda Item: S �a
Item Description or Item No.
Request to Speak forms for Public Comments or items isted 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 recnrrl
Name: l'c,P' r 1f Phone Number.
Address. .�
Email address—�
If you are representing an organization or group, please give the nam '�
c� �cz vtA r
k1fA
fcike-
Please note that all information presented at a City Council meeting becomes public record. p(ojrcL^-\
All information provided is optional. I I -------1
Public Comment
REQUEST TO SPEAK
CITY OF TEMECULA
Date:
Non -Agenda Itek / I Agenda Item: D Future Agenda Item:
Item Description or Item No. 4 a�,_
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 rqcord.
Name: Phone Number
Address
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
1989
Date:
Public Comment Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.
Name: W \ r
Address:
Email address:
If you are representing an organization or group, please give the name:
Phone Number:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
19li9
Date: -7/2 r121
Public Comment: Non -Agenda Item Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.,, i , .
Address
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: 7 Z Z, 3
Public Comment: Non -Agenda Item: � Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business
items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council
addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name
for the record.
Name: !i -P_ /ram L �) ,A n f 2 ^ 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.
0�0-�ON
REQUEST TO SPEAK
CITY OF TEMECULA
- _ Date: Z� '- ZOZ
Public Comment: Non -Agenda Item: Agenda Item ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk 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: ��1V�yA�C/r/ C-L 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.
01989
REQUEST TO SPEAK
CITY OF TEMECULA
'1 (/"Tl
Date:
Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑
Item Description or Item No.
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City
Clerk 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 re ord. b
Name: Phone Number:
Address:
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.