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10102023 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 10, 2023 - 6:00 PM CALL TO ORDER: Mayor Zak Schwank INVOCATION: Apostle Terrence Hundley of The Place City of Miracles FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Presentation of Proclamation for National Manufacturing Month Presentation of Proclamation for Domestic Violence Awareness Month BOARD / COMMISSION REPORTS Community Services Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON-AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. 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 . Page 1 City Council Agenda October 10, 2023 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 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. 1.Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Recommendation: Agenda ReportAttachments: 2.Approve Action Minutes of September 26 and September 28, 2023 That the City Council approve the action minutes of September 26 and September 28, 2023. Recommendation: 09/26/2023 Action Minutes 09/28/2023 Action Minutes Attachments: 3.Approve List of Demands 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 Recommendation: Agenda Report Resolution List of Demands Attachments: 4.Approve Agreement with Department of California Highway Patrol for Construction Zone Enhanced Enforcement Program Services for the I-15/French Valley Parkway Improvements - Phase II, PW16-01 That the City Council:Recommendation: Page 2 City Council Agenda October 10, 2023 1. Approve agreement with Department of California Highway Patrol Number 22R685003, in the amount of $150,000, for Construction Zone Enhanced Enforcement Program services for the I-15/French Valley Parkway Improvements - Phase II, Project Number PW 16-01; and 2. Authorize the City Manager to execute the agreement. Agenda Report Agreement CIP Project Budget Sheet Attachments: 5.Approve Grant Deeds for Transfer of Certain Real Property Interests and Relinquishment of Access Rights to the State of California Department of Transportation for the I-15/SR-79S Ultimate Interchange, PW 04-08 That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED TO TRANSFER CERTAIN REAL PROPERTY INTERESTS FOR FREEWAY IMPROVEMENTS AND A GRANT DEED TO RELINQUISH ACCESS RIGHTS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 Recommendation: Agenda Report Resolution Grant Deed to Transfer Right of Way Grant Deed to Relinquish Access Rights Right of Way Appraisal Index Maps Attachments: 6.Approve Agreement for Consultant Services with Mark Thomas & Company, Inc. for the I-15 Congestion Relief, PW19-02 That the City Council approve an agreement for consultant services with Mark Thomas & Company, Inc. in the amount of $100,000 to provide engineering and construction support during construction of the I-15 Congestion Relief, PW19-02. Recommendation: Agenda Report Agreement CIP Project Budget Sheet Project Location Map Attachments: Page 3 City Council Agenda October 10, 2023 7.Award Construction Contract to American Asphalt South, Inc. for Citywide Slurry Seal Program, PW23-16 That the City Council: 1. Award a construction contract to American Asphalt South, Inc., in the amount of $2,236,747.11, for the Citywide Slurry Seal Program, PW23-16; and 2. Authorize the City Manager to approve construction contract change orders not to exceed the contingency amount of $223,674.71, which is equal to 10% of the contract amount; and 3. Make a finding that the Citywide Slurry Seal Program, PW 23-16 is exempt from Multiple Species Habitat Conservation Plan fees . Recommendation: Agenda Report Contract Project Location Maps Slurry Seal Street Name List Attachments: 8.Approve Eighth Amendment to the Agreement for Consultant Services with Esgil, LLC for Plan Review Services That the City Council approve the eighth amendment to the agreement for consultant services with Esgil, LLC, in the amount of $200,000, for a total agreement amount of $1,910,000 for plan review services. Recommendation: Agenda Report Amendment Attachments: 9.Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16 That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Recommendation: Page 4 City Council Agenda October 10, 2023 Agenda Report Project Decription Project Location Map Attachments: 10.Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Santa Gertrudis Creek Trail Phase II - Margarita Road Under-Crossing Project, PW19-04 That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Santa Gertrudis Creek Trail Phase II - Margarita Road Under-Crossing Project, PW19-04. Recommendation: Agenda Report Project Location Project Description Attachments: 11.Accept Improvements and File the Notice of Completion for Fiber Optic Communication System Upgrade Project, PW18-05 That the City Council: 1. Accept the improvements for Fiber Optic Communication System Upgrade Project, PW18-05, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed . Recommendation: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit and Final Release Attachments: RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 5 City Council Agenda October 10, 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. 12.Approve Action Minutes of September 26, 2023 That the Board of Directors approve the action minutes of September 26, 2023. Recommendation: MinutesAttachments: 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 Page 6 City Council Agenda October 10, 2023 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 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. 13.Approve Ratification of Election Results for Tract Map Numbers 37341 and 37341-17, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located East of Butterfield Stage Road and North of Long Valley Wash) 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, ORDERING THE ANNEXATION OF PROPERTY TO SERVICE LEVEL B - RESIDENTIAL STREET LIGHTING Recommendation: Agenda Report Resolution Certificate of Election Results Vicinity Map Attachments: 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, October 24, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda October 10, 2023 RECONVENE TEMECULA CITY COUNCIL BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. 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. 14.Receive and File Presentation on Community Land Trusts and Regional Housing Trusts (At the Request of Council Member Kalfus) That the City Council receive and file a presentation on Community Land Trusts and Regional Housing Trusts and provide general direction regarding the same. Recommendation: Agenda Report About Us Irvine Community Land Trust How We Do It Irvine Community Land Trust Irvine Community Land Trust Quick Facts WRCOG - Technical Advisory Committee Staff Report - 09/17/2020 Attachments: 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, October 24, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda October 10, 2023 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 9 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: October 10, 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 SEPTEMBER 26, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Jim Willis of Center for Spiritual Living Temecula Valley FLAG SALUTE: Council Member Curtis Brown ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart BOARD / COMMISSION REPORTS Planning Commission and Race, Equity, Diversity and Inclusion Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Bob Kowell PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Skylar Tempel (Items #11, 12, 14, 15, 16) • Bob Kowell (Items #12, 13, 14, 15, 16) • Laurel Lamont (Items #12, 15) • Melissa Bourbonnais (Items #12, 14) • Rebecca Bierd (Item #12) • Brigitte Green (Item #12) • Eric Faulkner (Item #14) • Bob Quaid (Items #14, 15) • Sovereign (Item #14) • Crystal Pastorian (Item #14) • Preston James Miller (Item #14) Sue Evans (Item #14) Julie Geary (Items #14, 15) • Sandra Cox, M.D. (Item #14) • Stacia Deutsch (Item #14) • Greg Langworthy (Items # 15, 16) • Jennifer San Nicolas (Item #15) • Love Bailey (Item #15) • Gia Rueda (Item #15) • Moxxie Childs (Item # 16) • Douglas Cole (Item #16) • Julia Cole (Item # 16) • Stephanie Deza (Item #16) • Dr. Heather Danesh (Item # 16) • Gary Oddi (Item #16) All electronic comments received were made a part of the record of the meeting. 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 Kalfus. 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 September 12, 2023 Recommendation: That the City Council approve the action minutes of September 12, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve Amended Salary Schedule to Retitle Construction Manager Classification to Program Manager Recommendation: That the City Council approve the amended salary schedule to be effective September 26, 2023 to retitle the Construction Manager classification to Program Manager. 5. Approve Second Amended and Restated Term Sheet with United States Department of Transportation for the I-15/French Valley Parkway Improvements - Phase II Project, PW16-01 Recommendation: That the City Council approve the Second Amended and Restated Term Sheet with the United States Department of Transportation for the I-15/French Valley Parkway Improvements - Phase II project, PW16-01. 6. Approve Fourth Amendment to Agreement for Consultant Services with Michael Baker International, Inc. for the Traffic Signal - Park and Ride Access Improvements, PW18-11 Recommendation: That the City Council: 1. Approve the Fourth Amendment to the Agreement for Consultant Services with Michael Baker International, Inc. for the Traffic Signal - Park and Ride Access Improvements, PW18-11, increasing the contingency amount by $12,466, and extending the term of the Agreement to June 30, 2024; and 2. Increase the City Manager's authority to approve Extra Work Authorizations by $12,466. 7. Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol, PW21-06 Recommendation: RECESS: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program - Meadowview/Paloma Del Sol, PW21-06, 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 11:27 PM, the City Council recessed and convened as the Temecula Community Services District and the Successor Agency to the Temecula Redevelopment Agency Meetings. At 11:29 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL BUSINESS 11. Consider Reorganization of Old Town Local Review Board and Provide Direction Regarding __ the Same Recommendation: That the City Council consider the reorganization of the Old Town Local Review Board and provide direction regarding the same. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Brown. The vote reflected unanimous approval. 12. Introduce Ordinance Amending Section 2.04.050 of the Temecula Municipal Code Revising_ the Salary for Council Members To Nineteen Hundred Dollars Per Month Pursuant to Government Code Section 36516 Recommendation: That the City Council introduce an ordinance entitled: ORDINANCE NO.2023-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCIL MEMBERS TO NINETEEN HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES Approved the Staff Recommendation (3-2): Motion by Schwank, Second by Brown. The vote reflected unanimous approval with Alexander and Stewart opposing. 13. Consider Compensation for the City's Boards and Commissions (At the Request of Maw Schwank and Mayor Pro Tem. Stewart) Recommendation: That the City Council consider compensation for the City's boards and commissions and provide general direction regarding the same. Motion to increase Boards & Commissions Compensation to one hundred and fifty dollars per meeting (4-1): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval with Alexander opposing. 14. Consider Amendments to Pride Proclamation Text and Proclamation Program Recipients and Provide Direction Regarding the Same (At the Request of Subcommittee Members Mayor Pro Tern Stewart and Council Member Alexander) Recommendation: That the City Council consider amendments to the Pride Proclamation text and proclamation program recipients and provide direction regarding the same. Motion to remove + from LGBTQ+ in Pride Proclamation and extend program recipients for all proclamations to other groups beyond TVUSD student clubs (3-2): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval with Alexander and Brown opposing. 15. Consider Flag Policy for City -Owned Property and Facilities (At the Request of Council Member Alexander) Recommendation: That the City Council consider a flag policy for City -owned property and facilities and provide general direction regarding the same. Motion to not move forward with a Flag Policy (3-2): Motion by Schwank, Second by Brown. The vote reflected unanimous approval with Alexander and Kalfus opposing. 16. Consider Resolution of Principle Regarding Parental Rights (At the Request of Council Member Alexander) Recommendation: That the City Council consider a resolution of principle regarding parental rights and provide general direction regarding the same. Motion to not move forward with Resolution (4-1): Motion by Schwank, Second by Brown. The vote reflected unanimous approval with Alexander opposing. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 17. Community Development Department Monthly Report 18. Fire Department Monthly Report 19. Police Department Monthly Report 20. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS The City Council approved the placement of the following topic on a future agenda: 1. Review of Live Music in Old Town (5-0): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 11:31 PM, the City Council meeting was formally adjourned to Tuesday, October 10, 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 ACTION MINUTES TEMECULA CITY COUNCIL SPECIAL MEETING - WORKSHOP CONFERENCE CENTER 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 28, 2023 - 9:00 AM CALL TO ORDER at 9:00 AM: Mayor Zak Schwank FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown (absent), Kalfus, Schwank, Stewart PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: • Chris Baily PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Chris Baily (Item #1) • David Boone (Item #1) • Alex Baily (Item #1) • Erin Ryder (Item #1) JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION BUSINESS 1. General Discussion on Citywide Alcohol Policies Recommendation: That the City Council and Planning Commission receive a presentation from staff and provide general discussions on citywide alcohol policies. Workshop with discussion and general direction only; no action taken. ADJOURNMENT At 11:40 AM, the City Council meeting was formally adjourned to Tuesday, October 10, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: October 10, 2023 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Fiscal Services Manager 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 $9,124,225.25. 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 10th day of October, 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 I Oth day of October, 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 9/11/2023 - 9/22/2023 TOTAL CHECK RUN: 9/14/2023 TOTAL PAYROLL RUN: 8,265,248.60 858,976.65 TOTAL LIST OF DEMANDS FOR 10/10/2023 COUNCIL MEETING: g 9,124,225.25 CHECK # CHECK DATE Vendor# Vendor Invoice Number Description Invoice Net 300434 09/21/2023 1772 ADAME LANDSCAPE INC 525138 PARKING GARAGE SWEEPING/CLEANING: PW $540.00 300434 09/21/2023 1772 ADAME LANDSCAPE INC 525153 PARKING GARAGE SWEEPING/CLEANING: PW $540.00 300434 09/21/2023 1772 ADAME LANDSCAPE INC 525168 PARKING GARAGE SWEEPING/CLEANING: PW $540.00 300435 09/21/2023 1236 ALL AMERICAN ASPHALT 1154870 ASPHALT SUPPLIES, PW STREET MAINTENANCE $242.00 300435 09/21/2023 1236 ALL AMERICAN ASPHALT 1156566 ASPHALT SUPPLIES, PW STREET MAINTENANCE $671.98 600217 09/14/2023 1512 ALLEGRO MUSICAL VENTURES 26924 PIANO SVCS: THEATER: TCSD $280.00 600217 09/14/2023 1512 ALLEGRO MUSICAL VENTURES 26954 PIANO TUNING SVCS:THEATER:TCSD $280.00 300436 09/21/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108-3 BIKE AND TRAIL WAYFINDING (LR23-0167) $9,590.00 300346 09/21/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108-2 BIKE AND TRAIL WAYFINDING (LR23-0167) $10,200.00 300346 09/21/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108-1 BIKE AND TRAIL WAYFINDING (LR23-0167) $2,310.00 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 114Y-W6PK-6JCW MISC SUPPLIES:MPSC AND MRC:TCSD $644.28 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1X7K-CCWL-973K MISC SUPPLIES:THEATER:TCS $390.39 600219 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1CKM-M6MJ-9KPV MISC SUPPLIES:CITY CLERK $231.97 600219 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1PNK-GGCM-9K3F MISC OFFICE SUPPLIES-COMM DEV $44.61 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1K34-K3T1-31CM SMALL TOOLS & EQUIPMENT: FIRE $864.54 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1WFX-GHGN-3WGD MISC SUPPLIES-ECON DEV $325.80 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1K34-K3T1-3MYL MISC SUPPLIES/EQUIP:PD $297.89 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1X3T-TV74-64H7 MISC SUPPLIES TOOLS, EQUP:HR $559.78 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1LCL-HVL3-H4JR MISC SUPPLIES: CRC: TCSD $5,248.03 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1LC3-WVTP-KKDW SUPPLIES: THEATER $320.04 600218 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 1DWR-JWRQ-HQ1M SUPPLIES: TVM: TCSD $573.22 600219 09/14/2023 1418 AMAZON CAPITAL SERVICES INC 11M4-PT1C-4CMP PHOTOLUMINESCENT EXIT SIGNS: SENIOR 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FENCE RENTAL: JRC: PW $95.00 600286 09/21/2023 1235 DIAMOND ENVIRONMENTAL SERVICES 0004839010. FENCE RENTAL: JRC: PW $95.00 600286 09/21/2023 1235 DIAMOND ENVIRONMENTAL SERVICES 0004899866 FENCE RENTAL: JRC: PW $95.00 600287 09/21/2023 2137 DIVERSIFIED WATERSCAPES INC 10006703 JUL WTR QUALITY MAINT: DUCK POND/HARV:PW $7,800.00 600287 09/21/2023 2137 DIVERSIFIED WATERSCAPES INC 10006741 LAKE AND POND MAINT: PW $7,800.00 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05200 FUEL -CITY VEHICLES:STREET MAINT:PW $2,189.56 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05216. FUEL -CITY VEHICLES:EOC $105.60 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05219. FUEL -CITY VEHICLES:TRAFFIC:PW $784.18 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05220 FUEL -CITY VEHICLES:TCSD $455.56 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL04423 FUEL -CITY VEHICLES:FIRE DEPT $293.86 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05194 FUEL -CITY VEHICLES: PARKS: PW $3,177.31 CHECK# CHECK DATE Vendor# Vendor Invoice Number Description Invoice Net 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL05196 FUEL -CITY VEHICLES:PD $114.12 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL03695 FUEL FOR CITY VEHICLES: BLDG & SAFETY $454.45 600237 09/14/2023 1254 DOWNS ENERGY FUEL CL03692 FUEL FO CITY VEHICLES: PARKS: PW $2,144.84 600288 09/21/2023 1254 DOWNS ENERGY FUEL CL05197 FUEL -CITY VEHICLES:CODE ENFORCEMENT:BLDSF $175.32 600288 09/21/2023 1254 DOWNS ENERGY FUEL CL05195 FUEL -CITY VEHICLES:LAND DEV:PW $204.43 600288 09/21/2023 1254 DOWNS ENERGY FUEL CL05198 FUEL -CITY VEHICLES:BLDSF $477.16 600289 09/21/2023 1254 DOWNS ENERGY FUEL CL05199a FUEL FOR CITY VEHICLES:LAND DEV:PW $93.24 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09/14/2023 1009 HANKS HARDWARE INC 2641 Aug MISC-SMALL TOOLS AND EQP STREETS AND TRAFFIC MAINT $1,625.45 300406 09/14/2023 1009 HANKS HARDWARE INC 2818 Aug MISC SUPPLIES SMALL TOOLS/EQUIPMENT-COMM DEV $113.98 300467 09/21/2023 1009 HANKS HARDWARE INC 2644/Aug MISC MAINT SUPPLIES: CIVIC CTR $2,637.90 300468 09/21/2023 2225 HASA INC 916106 POOL SANTIZING CHEMICALS: CITY POOLS $1,534.25 300393 09/14/2023 1110 HEALTH AND HUMAN RESOURCE CENTER INC E0299739. SEP EMPLOYEE ASSISTANCE PRGM: HR $1,855.65 600293 09/21/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4111176 MEDICAL SCREENINGS: HR $285.00 600293 09/21/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4102200 MEDICAL SCREENINGS: HR $170.00 300407 09/14/2023 1761 HESS, JOHN PAUL 1456 VIDEOGRAPHY SERVICES FOR SOTC $7,737.50 600294 09/21/2023 2547 HINER DOUGLAS 2023-JULY.AUGUST ADULT SOFTBALL OFFICIATING SVCS: SPORTS:TCSD $3,780.00 300408 09/14/2023 1192 HOME DEPOT 5973814 MISC SUPPLIES: PW $1,947.95 300408 09/14/2023 1192 HOME DEPOT 4033582 SUPPLIES: THEATER: TCSD $49.93 300469 09/21/2023 1192 HOME DEPOT 6343199 SUPPLIES: FACILITIES MAINT: PW $42.09 300469 09/21/2023 1192 HOME DEPOT 2972918 MAINT SUPPLIES: IWTCM: PW $320.40 300409 09/14/2023 1192 HOME DEPOT, THE 6973319 MISC SUPPLIES/TOOLS:TV2:PW $54.70 300470 09/21/2023 1192 HOME DEPOT, THE 6973316 MISC SUPPLIES:FACILITIES MAINT:PW $74.30 300471 09/21/2023 1841 INLAND EROSION CONTROL SRVCS 96788 EROSION CONTROL SUPPLIES: ST MAINT:PW $660.00 600295 09/21/2023 2564 INLAND FLEET SOLUTIONS INC 6275 VEHICLE AND EQUIPMENT REPAIR: STREET MAINTENANCE $7,132.46 600295 09/21/2023 2564 INLAND FLEET SOLUTIONS INC 6237 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $1,994.00 600295 09/21/2023 2564 INLAND FLEET SOLUTIONS INC 6333 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $3,138.53 600296 09/21/2023 2564 INLAND FLEET SOLUTIONS INC 6480 VEHICLE & EQUIPMENT REPAIR: STREET MAINT: PW $275.82 600296 09/21/2023 2564 INLAND FLEET SOLUTIONS INC 6482 VEHICLE & EQUIPMENT REPAIR: STREET MAINT: PW $662.12 300410 09/14/2023 2036 INLAND VALLEY BUSINESS AND COMMUNITY FOUNDA- 2023-11 GENERAL ADMIN TICKETS: ECO DEV $245.00 600297 09/21/2023 2955 INTL LINE BUILDERS INC 902901 TRAFFIC SIGNAL PROMENADE MALL $81,304.40 600297 09/21/2023 2955 INTL LINE BUILDERS INC 902902 TRAFFIC SIGNAL PROMENADE MALL $50,345.80 600241 09/14/2023 1757 INTRADO LIFE & SAFETY INC 6077245 JUL ENTERPRISES 911 SVC: INFO TECH $300.00 300472 09/21/2023 2045 JAMES ELLIOTT ENTERTAINMENT PERF:10/06/23 PRESENTER:THEATER:TCSD $3,000.00 300473 09/21/2023 2045 JAMES ELLIOTT ENTERTAINMENT PERF:10/05/23 PRESENTER:THEATER:TCSD $3,000.00 300411 09/14/2023 3095 JAVIER I GONZALEZ 1374 SMALL TOOLS & EQUIPMENT: FIRE STATIONS:FIRE $87.00 300411 09/14/2023 3095 JAVIER I GONZALEZ 1360 HVAC SUPPLIES: TCSD FACILITIES $772.09 300411 09/14/2023 3095 JAVIER I GONZALEZ 1261 HVAC SUPPLIES: TCSD FACILITIES $65.25 300411 09/14/2023 3095 JAVIER I GONZALEZ 1262 HVAC SUPPLIES: TCSD FACILITIES $43.47 300411 09/14/2023 3095 JAVIER I GONZALEZ 1333 HVAC SUPPLIES: TCSD FACILITIES $1,544.18 CHECK# CHECK DATE Vendor# Vendor Invoice Number Description Invoice Net 300411 09/14/2023 3095 JAVIER I GONZALEZ 1293 HVAC SUPPLIES: TCSD FACILITIES $268.60 300474 09/21/2023 3095 JAVIER I GONZALEZ 1394. 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TRAUB & ASSOCIATES, LLC 23055 WRKPLACE INVESTIGATIONS: HR $1,584.16 600249 09/14/2023 1511 NV5 INC 346511 MARGARITA RECREATION CENTER $32,550.93 600250 09/14/2023 2496 OLD TOWN TIRE AND SERVICE INC 72408 VEHICLE MAINTENANCE: EM:FIRE $268.67 600250 09/14/2023 2496 OLD TOWN TIRE AND SERVICE INC 72318 VEHICLE MAINTENANCE -PARKS&FACILITIES $239.38 600250 09/14/2023 2496 OLD TOWN TIRE AND SERVICE INC 72273 VEHICLE MAINTENANCE - PARKS&FACILITIES:PW $301.42 600250 09/14/2023 2496 OLD TOWN TIRE AND SERVICE INC 72328 VEHICLE MAINTENANCE - PARKS&FACILITIES:PW $204.51 600250 09/14/2023 2496 OLD TOWN TIRE AND SERVICE INC 72464. VEHICLE MAINTENANCE: FIRE $183.61 600309 09/21/2023 2496 OLD TOWN TIRE AND SERVICE INC 72441 VEHICLE MAINTENANCE - PARKS&FACILITIES:PW $104.40 600251 09/14/2023 3089 OMB ELECTRICAL ENGINEERS INC 912307083 ADDITIONAL STREETLIGHTS ON MOR $60.00 300488 09/21/2023 3299 ONATE DAVID OD-CKR-09122023 RELEASE AND SETTLEMENT OF CLAIM $243.65 300489 09/21/2023 3286 OSHIMAADAM 08/31/23 LIABILITY CLAIM SETTLEMENT $254.33 600252 09/14/2023 1164 P V P COMMUNICATIONS INC 133390 MOTOR HELMET COMMUNICATION SUPPUES:PD $1,659.87 300415 09/14/2023 3218 PRETI LUCAS 2307A VIDEOGRAPHY SVCS: STATE OF THE CITY: CM $8,000.00 300415 09/14/2023 3218 PRETI LUCAS 2307B VIDEOGRAPHY SVCS: STATE OF THE CITY: CM $9,460.00 300490 09/21/2023 1721 PRO ACTIVE FIRE DESIGN & CONSULTING 2035 PLAN CHECKING SVCS: FIRE $3,439.70 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132198504 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199198A UNIFORMS: STREET MAINTENANCE $52.44 600320 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199198B UNIFORM: PARKS AND FACILITIES $4.62 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132198505 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199733 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 CHECK# CHECK DATE Vendor# Vendor Invoice Number Description Invoice Net 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199734 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199201A UNIFORM: PARKS AND FACILITIES $59.25 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199201B UNIFORMS: STREET MAINTENANCE $10.29 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199732 FLOOR MATS AND TOWEL RENTALS: FACILITIES $22.73 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199728 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132197966A UNIFORMS: STREET MAINTENANCE $10.29 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132197966B UNIFORM: PARKS AND FACILITIES $344.53 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132198499 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132198500 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132198501 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199199 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132197964 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132197963A UNIFORMS: STREET MAINTENANCE $52.44 600320 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132197963B UNIFORM: PARKS AND FACILITIES $4.62 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200955 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200954 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200953 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200424A UNIFORM: PARKS AND FACILITIES $61.53 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200424B UNIFORMS: STREET MAINTENANCE $10.29 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200422 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200421A UNIFORMS: STREET MAINTENANCE $52.44 600320 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200421B UNIFORM: PARKS AND FACILITIES $4.62 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199738 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199737 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132199735 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202899A UNIFORM: PARKS AND FACILITIES $63.96 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202899B UNIFORMS: STREET MAINTENANCE $10.29 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202198 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132201654 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132201656A UNIFORM: PARKS AND FACILITIES $66.08 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132201656B UNIFORMS: STREET MAINTENANCE $10.29 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202192 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202197 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202896 UNIFORMS: STREET MAINTENANCE $63.75 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202897 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202202 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202201 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132202199 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132201653 UNIFORMS: STREET MAINTENANCE $79.51 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132200959 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204125A UNIFORMS: STREET MAINTENANCE $60.36 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204125B UNIFORM: PARKS AND FACILITIES $174.30 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204124A UNIFORM: PARKS AND FACILITIES $61.68 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204124B UNIFORMS: STREET MAINTENANCE $10.29 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132203428 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132203425 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132203429 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600317 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204126 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204641 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204648 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132203424 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132203423 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204649 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204658 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204659 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132204660 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205344A UNIFORM: PARKS AND FACILITIES $134.25 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205344B UNIFORMS: STREET MAINTENANCE $5.67 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205346 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205345 UNIFORMS: STREET MAINTENANCE $63.53 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205863 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205862 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132206562A UNIFORM: PARKS AND FACILITIES $61.45 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132206562B UNIFORMS: STREET MAINTENANCE $5.67 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132206563 UNIFORMS: STREET MAINTENANCE $63.89 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132206564 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207069 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205875 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205876 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132205874 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207790 UNIFORMS: STREET MAINTENANCE $63.89 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207086 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207087 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207789A UNIFORM: PARKS AND FACILITIES $136.78 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207789B UNIFORMS: STREET MAINTENANCE $5.67 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207075 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207076 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207085 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132207791 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132208299 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132208300 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132208311 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 CHECK# CHECK DATE Vendor# Vendor Invoice Number Description Invoice Net 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132208312 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132208313 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209011A UNIFORM: PARKS AND FACILITIES $63.87 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209011B UNIFORMS: STREET MAINTENANCE $5.67 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209012 UNIFORMS: STREET MAINTENANCE $66.32 600314 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209542 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600312 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209541 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209013 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600316 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209530 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209531 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600313 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209524 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600315 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132209540 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600311 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210228A UNIFORM: PARKS AND FACILITIES $63.87 600319 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210228B UNIFORMS: STREET MAINTENANCE $5.67 600310 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210229 UNIFORMS: STREET MAINTENANCE $79.97 600318 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210230 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600321 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210746 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600321 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210747 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600321 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210734 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600321 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210745 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600321 09/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132210733 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 300491 09/21/2023 2464 PURCOLOUR INC PC1420 COLOR RUN POWDER SUPPUES:CRC: TCSD $1,162.08 300493 09/21/2023 2169 QUINN COMPANY WOG00016938 GENERATOR PM SVCS: FACILITIES $558.87 300493 09/21/2023 2169 QUINN COMPANY WOG00016910 GENERATOR PM SVCS: FACILITIES $558.87 300494 09/21/2023 2243 RADIANT GLOBAL LOGISTICS INC D44MCI 286404111 TVM ANTARTICA EXHIBIT TRANSPORT FEE: TCSD $1,536.76 600322 09/21/2023 3136 RAMOS HR CONSULTING INC 1007 CONSULTANT SVCS:HR $12,950.00 600323 09/21/2023 1076 RANCHO TEMECULA CAR WASH AUG'23 AUG CAR WASH SVCS: POLICE $51.98 600324 09/21/2023 1537 RANDALL MANAGEMENT GROUP 31195 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 $312.25 600324 09/21/2023 1537 RANDALL MANAGEMENT GROUP 31192 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 $312.25 600324 09/21/2023 1537 RANDALL MANAGEMENT GROUP 31151 PUBLIC NOTICE SIGN POSTING SERVICES FY2023-24 $312.25 600324 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LEGAL SERVICES $420.00 600327 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243668 JUL 2023 LEGAL SERVICES $480.00 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243672 JUL 2023 LEGAL SERVICES $6,712.92 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243701 JUL 2023 LEGAL SERVICES $2,531.50 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243708 JUL 2023 LEGAL SERVICES $7,500.50 600327 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243678 JUL 2023 LEGAL SERVICES $910.00 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243679 JUL 2023 LEGAL SERVICES $12,457.20 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243681 JUL 2023 LEGAL SERVICES $13,206.50 600327 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243682 JUL 2023 LEGAL SERVICES $1,789.00 600327 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243683 JUL 2023 LEGAL SERVICES $1,097.50 600326 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243684 JUL 2023 LEGAL SERVICES $2,564.61 600327 09/21/2023 1150 RICHARDS WATSON AND GERSHON 243687 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LLC AL501831 POOL SUPPLIES: AQUATICS $115.55 300500 09/21/2023 2817 SCP DISTRIBUTORS LLC AL503083 POOL SUPPLIES: AQUATICS ($150.00) 300500 09/21/2023 2817 SCP DISTRIBUTORS LLC AL502661 POOL SUPPLIES: AQUATICS $109.13 300500 09/21/2023 2817 SCP DISTRIBUTORS LLC AL502812 POOL SUPPLIES: AQUATICS $795.98 300500 09/21/2023 2817 SCP DISTRIBUTORS LLC 35056918 POOL EQUIPMENT: TCSD $3,936.71 300501 09/21/2023 1770 SECURITY SIGNAL DEVICES INC 5-01108259 LIBRARY FIRE ALARM SVC: PW $1,641.68 300501 09/21/2023 1770 SECURITY SIGNAL DEVICES INC S01105415 LIBRARY FIRE ALARM SVC: PW $390.00 600256 09/14/2023 1509 SHERRY BERRY MUSIC PERF:08/17/23 JAZZ @ THE MERC O8/17/23 $660.00 600256 09/14/2023 1509 SHERRY BERRY MUSIC PERF: 08/26/23 STAND UP COMEDY @ THE MERC $1,435.00 600256 09/14/2023 1509 SHERRY BERRY MUSIC PERF:08/24/23 JAZZ @ THE MERC 08/24/23 $545.00 600330 09/21/2023 1509 SHERRY BERRY MUSIC PERF:09/07/23 JAZZ @ THE MERC: 09/07 $700.00 300502 09/21/2023 1787 SHRED IT US JV LLC 8004522488 DOCUMENT SHREDDING: PD $46.57 600331 09/21/2023 2617 SIDI SEBASTIAN 9523 MISC. VIDEOGRAPHY SERVICES: ECO DEV $200.00 600331 09/21/2023 2617 SIDI SEBASTIAN 82223 MISC. VIDEOGRAPHY SERVICES: ECO DEV $1,100.00 600331 09/21/2023 2617 SIDI SEBASTIAN 81023 MISC VIDEOGRAPHY SERVICES: ECO DEV $1,200.00 600257 09/14/2023 1780 SILVERMAN ENTERPRISES INC 1808 SECURITY SVCS: ROTATION PARKS $5,456.00 600258 09/14/2023 2510 SINGH GROUP INC 42205 HOMELESS ENCAMPMENT CLEAN UP: TCSD $7,227.00 300503 09/21/2023 1870 SKYFIT TECH INC 2023000508 GENERAL:MAINTENANCE:RM $723.85 600332 09/21/2023 1061 SMART & FINAL INC 09122023-304.63 REFRESHMENTS:HIGH HOPES:MRC- MPSC-SFSP:TCSD $304.63 600333 09/21/2023 3170 SMER RESEARCH 1 LLC 50015 AUG SOLAR GENERATION: VARI LOCATIONS $33,280.09 300504 09/21/2023 2217 SOCIAL WORK ACTION GROUP 08312023A AUG OUTREACH SERVICES: TCSD $9,166.67 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286047 PEST CONTROL SERVICES: FACILITIES: PW $94.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286040 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287005 PEST CONTROL SERVICES: FACILITIES: PW $124.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286046 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286111 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286077 PEST CONTROL SERVICES: FACILITIES: PW $118.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286076 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 600259 09/14/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285953 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287365 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286865 PEST CONTROL SVCS: PARKS: PW $49.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285972 PEST CONTROL SVCS: SLOPES $94.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286073 PEST CONTROL SVCS: SLOPES $94.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287929 PEST CONTROL SVCS: PARKS: PW $94.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287344 ROUTINE PEST CONTROL: FACILITIES: PW $32.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287403 PEST CONTROL SVCS: PARKS: PW $49.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287647 ROUTINE PEST CONTROL: FACILITIES: PW $42.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287695 PEST CONTROL SVCS: PARKS: PW $493.00 600337 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0287533 ROUTINE PEST CONTROL: FACILITIES: PW $74.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285651 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285606 ROUTINE PEST CONTROL: FACILITIES: PW $42.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285652 PEST CONTROL SVCS: PARKS: PW $493.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285381 PEST CONTROL SVCS: PARKS: PW $49.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285835 PEST CONTROL SVCS: PARKS: PW $49.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285771 ROUTINE PEST CONTROL: FACILITIES: PW $59.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286198 ROUTINE PEST CONTROL: FACILITIES: PW $52.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286269 PEST CONTROL SVCS: PARKS: PW $70.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286562 PEST CONTROL SVCS: PARKS: PW $49.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286605 ROUTINE PEST CONTROL: FACILITIES: PW $42.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286465 PEST CONTROL SVCS: PARKS: PW $95.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286377 PEST CONTROL SVCS: PARKS: PW $49.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286776 ROUTINE PEST CONTROL: FACILITIES: PW $59.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286646 PEST CONTROL SVCS: PARKS: PW $493.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0286342 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285286 PEST CONTROL SVCS: PARKS: PW $70.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285345 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 600334 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285473 PEST CONTROL SVCS: PARKS: PW $95.00 600335 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285511 ROUTINE PEST CONTROL: FACILITIES: PW $74.00 600336 09/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0285573 PEST CONTROL SVCS: PARKS: PW $49.00 300505 09/21/2023 2279 SPRUCE AND GANDER INC 3182-DEPOSIT SOLE SOURCE - TREE GRATES, PWOT-03-01 $11,886.53 300419 09/14/2023 1028 STADIUM PIZZA INC 0962023-120-11 REFRESH M ENTS:WORKFORCE DEV:TCSD $120.11 300420 09/14/2023 1452 STAPLES BUSINESS CREDIT 7903242671-0-1 MISC OFC SUPPLIES: LIBRARY: TCSD $39.06 300420 09/14/2023 1452 STAPLES BUSINESS CREDIT 7378307260-0-1 MISC OFFICE SUPPLIES: OPERATIONS: TCSD $172.91 300420 09/14/2023 1452 STAPLES BUSINESS CREDIT 7612639747-4-1 MISC OFC SUPPLIES: PD ($36.47) 300420 09/14/2023 1452 STAPLES BUSINESS CREDIT 7612639747-1-1 MISC OFC SUPPLIES: PD ($37.26) 300421 09/14/2023 1125 STAR WAY PRODUCTIONS 163730 TELEPROMPTER SVCS:REHERSAL SOTC $1,320.00 600260 09/14/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 677442 BLOOD/ ALCOHOL ANALYSIS:PD $630.00 600338 09/21/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 683609 AUG BLOOD & ALCOHOL ANALYSIS: PD $1,085.00 600338 09/21/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 673167 JUL BLOOD & ALCOHOL ANALYSIS: PD $3,725.00 600339 09/21/2023 1146 STEAM SUPERIOR CARPET CLEANING 17778 CARPET CLEANING SVCS:CIVIC CENTER: PW $4,800.00 600339 09/21/2023 1146 STEAM SUPERIOR CARPET CLEANING 11772 CARPET CLEANING SVCS:TV2: PW $2,400.00 600339 09/21/2023 1146 STEAM SUPERIOR CARPET CLEANING 11777 CARPET CLEANING SVCS:CONFERENCE CTR: PW $825.00 CHECK# CHECK DATE Vendor # Vendor Invoice Number Description Invoice Net 300506 09/21/2023 3296 STEVENSON DANIEL 09/06/23 REFUND: LIBRARY SMARTPAY $38.88 300507 09/21/2023 1112 STRAIGHT LINE GLASS AND MIRROR COMPANY INC 250029 REPLACE WINDOW GLASS, CRC $1,367.50 600261 09/14/2023 1495 STURDIVANT ANGELA P 3200.201 TCSD INSTRUCTOR EARNINGS $1,058.40 300508 09/21/2023 3106 SWCA INCORPORATED 175110 SWAC ENVIRONMENTAL CONSULTANTS (LR-21-1331) $3,622.25 300508 09/21/2023 3106 SWCA INCORPORATED 172963 SWAC ENVIRONMENTAL CONSULTANTS (LR-21-1331) $2,255.75 300509 09/21/2023 2521 T AND G GLOBAL LLC INV-2814 TREE INSTALL/REMOVAL & HOLIDAY DECOR: TCSD $25,112.50 300422 09/14/2023 2261 T MOBILE USA INC 9544115330 GPS LOCATE: TEM SHERIFF $25.00 300423 09/14/2023 1212 TY LIN INTERNATIONAL 102308123 I-15/ FRENCH VALLEY PARKWAY IMPROV: PW19-03 $39,727.00 300423 09/14/2023 1212 TY LIN INTERNATIONAL 102308136 I-15/ FRENCH VALLEY PARKWAY IMPROV: PW16-01 $22,824.10 300510 09/21/2023 1212 TY LIN INTERNATIONAL 102309260 I-15/ FRENCH VALLEY PARKWAY IMPROV: PW19-03 $54,623.00 600272 09/14/2023 1113 TEAMSTERS LOCAL 911 BEN349522 UNION MEMBERSHIP DUES: PAYMENT $5,133.00 600262 09/14/2023 2372 TELECOM LAW FIRM PC 15660 WIRELESS PLANNING SUPPORT SVCS: COMM DEV $1,138.80 600262 09/14/2023 2372 TELECOM LAW FIRM PC 15762 WIRELESS PLANNING SUPPORT SVCS: COMM DEV $834.00 300511 09/21/2023 1914 TEMECULA VALLEY BACKFLOW INC 45362 BACKFLOW TESTING: FIRE STATIONS $1,102.00 300512 09/21/2023 1054 TEMECULA VALLEY CHAMBER OF COMMERCE 9129 STATE OF THE CITY SEATS $420.00 300513 09/21/2023 2202 TEMECULA VALLEY CONSERVATORY OF THE ARTS 09/08/23 COMMUNITY SERVICES FUNDING - REINVESTMENT $12,000.00 600340 09/21/2023 1265 TEMECULA VALLEY SECURITY CENT 54203 LOCKSMITH SERVICES: FACILITY MAINTENANCE $114.77 600263 09/14/2023 1265 TEMECULA VALLEY SECURITY CENTER 53725 LOCKSMITH SERVICES:TVE2 $7,461.96 300424 09/14/2023 1234 TEMECULA WINNELSON COMPANY 293345 01 PLUMBING SUPPLIES: PARKS $28.64 600264 09/14/2023 1232 TERRYBERRY COMPANY P33537 SERVICE RECOGNITION: HR $85.73 600341 09/21/2023 1232 TERRYBERRY COMPANY P39011 SERVICE RECOGNITION: HR $78.70 300514 09/21/2023 2101 TLK ICE INC 001839 REFRESHMENTS: COLOR RUN: TCSD $2,145.00 300514 09/21/2023 2101 TLK ICE INC 002127 REFRESHMENTS: COLOR RUN: TCSD $250.00 600342 09/21/2023 2562 TRAFFIC LOGIX CORPORATION SIN1410 TRAFFIC CALMING: PW TRAFFIC $20,436.30 300515 09/21/2023 2827 TRANSPORTATION CHARTER SRVS 57996 TRANSPORTATION SDC 7/20/23:TCSD $5,165.07 300426 09/14/2023 1982 TRI POINTE HOMES INC TP-CKR-83023 REFUND ESCROW TRUST5071: RANCHO SOLENO: COM DEV $7,960.82 300425 09/14/2023 1982 TRI POINTE HOMES, INC. 08/29/23 REFUND: ENG DEPOSIT LD20-1118: PW $22,500.00 300425 09/14/2023 1982 TRI POINTE HOMES, INC. 08/29/23b REFUND: ENG DEPOSIT LD19-1461: PW $7,500.00 300427 09/14/2023 1350 U S BANK 13842693 ACCOUNT ANALYSIS: FINANCE $875.00 600343 09/21/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFO 23-240819 AUG DIG SAFE BILLABLE TIX: PW $87.04 600343 09/21/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFO 820230744 AUG DIG SAGE BRD BILLAGE TIX: PW $255.00 300516 09/21/2023 1131 UNITED RENTALS NORTH AMERICA INC 222689116-001 EQUIPMENT RENTALS, STREET MAINTENANCE $1,211.59 600265 09/14/2023 2142 URBANE CAFE OPERATIONS LLC 101442 REFRESHMENTS: TVM/ACE:TCSD $427.81 600265 09/14/2023 2142 URBANE CAFE OPERATIONS LLC 102138 TVE2 ORDERS FOR WORKSHOPS/MEETINGS $36.43 600344 09/21/2023 2142 URBANE CAFE OPERATIONS LLC 102832 TVE2 ORDERS FOR WORKSHOPS/MEETINGS $89.45 600273 09/14/2023 2941 VAN OTTERLOO INC 178304 VEHICLE MAINTENANCE -STREET MAINTENANCE $776.25 600273 09/14/2023 2941 VAN OTTERLOO INC 178278 VEHICLE MAINTENANCE -STREET MAINTENANCE $879.89 600273 09/14/2023 2941 VAN OTTERLOO INC 178235 VEHICLE MAINTENANCE -STREET MAINTENANCE $1,918.43 600273 09/14/2023 2941 VAN OTTERLOO INC 178226 VEHICLE MAINTENANCE -STREET MAINTENANCE $2,082.49 600273 09/14/2023 2941 VAN OTTERLOO INC 178311 VEHICLE MAINTENANCE -STREET MAINTENANCE $2,273.07 300517 09/21/2023 2629 VERSA PRODUCTS INC 4188543 EROGONOMIC SUPPLIES: HR $3,754.24 300428 09/14/2023 2284 VISIONARIES IMAGE CO LLC 0001234 VIDEOGRAPHY SVCS: CM $4,883.40 600266 09/14/2023 2034 WADDLETON JEFFREY L 1163 DJ/MC SVCS SKATE PARK JAMS: TCSD $525.00 600266 09/14/2023 2034 WADDLETON JEFFREY L 1162 HIGH HOPES DJ SVCS: TCSD $525.00 600345 09/21/2023 2183 WALLACE AND ASSOCIATES CONSULTING LLC W800888 CONSTRUCTION MGMT SVCS: PW -TRAFFIC $4,940.00 600345 09/21/2023 2183 WALLACE AND ASSOCIATES CONSULTING LLC W800961 CONSTRUCTION MGMT SVCS: PW -TRAFFIC $1,152.00 600345 09/21/2023 2183 WALLACE AND ASSOCIATES CONSULTING LLC 16138 CONSTRUCTION MGMT SVCS: PW -TRAFFIC $1,236.00 300429 09/14/2023 1439 WALMART 090723-408.54 MISC SUPPUES:HELP CENTER:TCSD $408.54 300429 09/14/2023 1439 WALMART 090823-330.72 MISC SUPPLIES-THEATER:TCSD $330.72 300429 09/14/2023 1439 WALMART 09052023-76.80 MISC SUPPLIES-CRC-TCSD- $76.80 300429 09/14/2023 1439 WALMART 08042023-50.00 MISC SUPPLIES-CRC-TCSD $50.00 300429 09/14/2023 1439 WALMART 08312023-150.55 MISC SUPPLIES-CRC-TCSD $150.55 300429 09/14/2023 1439 WALMART 09012023-37.85 MISC SUPPLIES-CRC-TCSD $37.85 300429 09/14/2023 1439 WALMART 08112023-158.79 MISC SUPPLIES-CRC-TCSD $158.79 300429 09/14/2023 1439 WALMART 08022023-577.31 MISC SUPPLIES-CRC-TCSD $577.31 300430 09/14/2023 1102 WAXIE SANITARY SUPPLY INC 81941949 JANITORIAL SVCS FACILITY MAINT: PW $1,576.88 300430 09/14/2023 1102 WAXIE SANITARY SUPPLY INC 81948916 JANITORIAL SVCS FACILITY MAINT: PW $2,391.68 300431 09/14/2023 1474 WES FLOWERS 405489/1 SUNSHINE FUND $101.99 300431 09/14/2023 1474 WES FLOWERS 405392/1 SUNSHINE FUND $101.99 600267 09/14/2023 1782 WESTERN AV 18244 AV EQUIP:LIBRARY:ITSS $1,687.40 600346 09/21/2023 1034 WILLDAN ASSOCIATES INC 00626155 TRAFFIC ENG SRVCS: TRAFFIC: PW $647.50 300432 09/14/2023 1973 WOHLFORD CHAD TYLER 15 COST ALLOCATION PLAN & USER FEE $2,900.00 600268 09/14/2023 1964 EMP#492 08/17/23 REIMB: UNIFORMS $175.96 600347 09/21/2023 2289 YANES BLANCA A 0198.0 JUNE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES $6,740.00 600347 09/21/2023 2289 YANES BLANCA A 0198.0 JULY LANDSCAPE PLAN CHECK AND INSPECTION SERVICES $10,020.00 TOTAL $8,265,248.60 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: October 10, 2023 SUBJECT: Approve Agreement with Department of California Highway Patrol for Construction Zone Enhanced Enforcement Program Services for the I-15/French Valley Parkway Improvements — Phase II, PW 16-01 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council: 1. Approve agreement with Department of California Highway Patrol Number 22R685003, in the amount of $150,000, for Construction Zone Enhanced Enforcement Program services for the I- I5/French Valley Parkway Improvements — Phase II, Project Number PW16-01; and 2. Authorize the City Manager to execute the agreement. BACKGROUND: In accordance with the approved Traffic Management Plan for the project, the City shall implement the Construction Zone Enhanced Enforcement Program (COZEEP) during construction. COZEEP is a statewide program which allows public agencies to hire California Highway Patrol (CHP) officers to patrol construction zones on State highways. COZEEP is used to increase traffic enforcement above normal levels to reduce the potential for traffic accidents, reduce traffic speeds, and to minimize traffic problems. CHP officers may be used to slow down, stop, or direct traffic to safely accommodate critical construction operations such as setting up lane closures at night, deploying detours, etc. The agreement outlines the scope of services and the State standard rates. The agreement amount of $150,000 is based on the estimated COZEEP services necessary to complete the construction of the project. COZEEP services will be coordinated by the City's Resident Engineer and Project Manager based on the contractor's construction activity and paid for on a time and materials basis. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is included in the City's Capital Improvement Program Fiscal Years 2024-28. Project costs are funded by several sources as shown in the attached CIP Project Budget Sheet. Sufficient funds are included in the approved project budget and appropriated in the current fiscal year to cover the agreement amount of $150,000. ATTACHMENTS: 1. Agreement 2. CIP Project Budget Sheet SCO ID: 2720-22 R685003 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev. 04/2020) 2211685003 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Department of California Highway Patrol CONTRACTOR NAME City of Temecula 2. The term of this Agreement is: START DATE 05/01 /2023 THROUGH END DATE 03/31 /2025 3. The maximum amount of this Agreement is: $150,000.00 (One Hundred Fifty Thousand Dollars and Zero Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 2 Exhibit B Budget Detail and Payment Provisions 1 Exhibit C * General Terms and Conditions - GTC 04/2017 + I Exhibit D Special Terms and Conditions 1 r rems snown wrrn on asrernsK (-), are nereoy rncorporarea oy reference ona moae parr or rnis ogreemenr os it arrocnea nerero. These documents can be viewed of htros:lAvww.dgs.co.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether acorporation, partnership, etc.) City of Temecula CONTRACTOR BUSINESS ADDRESS CITY STATE JZIP 41000 Commerce Drive Main Street Temecula CA 92590 PRINTED NAME OF PERSON SIGNING TITLE CONTRACTOR AUTHORIZED SIGNATURE I DATE SIGNED STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of California Highway Patrol CONTRACTING AGENCY ADDRESS CITY STATE ZIP 601 North 7th Street Sacramento CA 95811 PRINTED NAME OF PERSON SIGNING - TITLE I-il► I f CONTRACTING ACT ED G TUR DATE SIGNEt) 1 P71 CALIFORNIA DEPARTMEW OF CEKtRAL SERVICES APPROVAL EXEMPTION (If Applicable) Page 1 of 1 EXHIBIT A (Standard Agreement) SCOPE OF WORK Department of California Highway Patrol and City of Temecula CHP Agreement #22R685003 Exhibit A page 1 of 2 1. The Contractee agrees to reimburse the Department of California Highway Patrol (CHP) Temecula Area office for costs associated with providing Traffic Control Services on the Interstate 15 / French Valley Parkway Improvement - Phase II Project within City of Temecula with intent on vehicle violation enforcement. 2. The services shall be provided during: The hours of duty performed by CHP officer(s) under this Agreement are those mutually agreed upon by the Project Representatives listed below, or designees. Any changes to the proposed plan such as additional hours, dates, and sites for Traffic Control services can be requested and/or on an "as needed" basis and must be mutually agreed upon by the CHP Temecula Area office and the Contractee. 3. The Project Representatives during the term of this Agreement will be: STATE AGENCY -Department of California Highway Patrol City of Temecula NAME NAME Russell Robertson, Officer Avlin Odviar, Principal Civil Engineer ADDRESS - ADDRESS 27685 Commerce Center Drive 41000 Main Street Temecula, CA 92590 Temecula, CA 92590 TELEPHONE NUMBER EMAIL TELEPHONE NUMBER FAX NUMBER 951 506-2( 1 RRobertson ch .ca. ov 951 693-3969 N/A Direct all inquiries to: STATE AGENCY ❑ONTRACTEE Department of California Highway Patrol City of Temecula SECTIONIUNIT NAME Business Services Section/Contract Services Unit Alvin Odviar, Principal Civil Engineer ATTENTION EMAIL Kellie Au, Contract Analyst Alvin. 0dviar temeculaCA. ov ADDRESS 601 North 71h Street ADDRESS 41000 Main Street Sacramento, CA 94298-0001 Temecula, CA 92590 TELEPHONE NU'.13E t EMAIL TELEPHONE NUMBER FAX NUMBER (916) 843-3610 kellie.aua-chp.ca.gov (951) 693-3969 N/A EXHIBIT A (Standard Agreement) SCOPE OF WORK (Continued) Department of California Highway Patrol and City of Temecula CHP Agreement #22R685003 Exhibit A page 2 of 2 4. Detailed description of work to be performed: A. The CHP Temecula Area office shall provide CHP officer(s) with vehicles and coordinate all traffic control. Should the CHP Temecula Area office be unable to fill the necessary staffing for each event, the shortage of CHP Officers will be utilized from out -of -Area uniformed personnel. B. The traffic control services to be performed by CHP officer(s) under this Agreement, including the standards of performance, discipline and control thereof, shall be the responsibility of CHP. C. It is understood by the Contractee that billing of CHP officer(s) time shall be from portal to portal (CHP Area office to the service location and return to CHP Area office) except as specified in Item D. D. If the CHP officer(s) has reported to the assigned location and has worked less than four (4) hours, the Contractee agrees to pay every assigned CHP officer(s) a minimum of four (4) hours overtime. Exception: This does not apply to those cases when the hours worked is part of an extended shift. E. If the CHP officer(s) report(s) to the assigned service location and if for any reason CHP reassigns the officer(s) away from the service location, the Contractee will be billed only for the officer(s) actual time incurred from the CHP Area office to the service location and for the time spent at the assigned service location covered under this Agreement. 5. Cancellation of Services A. The Contractee shall not be charged for service cancellations made more than twenty-four (24) hours prior to the scheduled assignment. B. The Contractee agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and the assigned CHP officer(s) cannot be notified of such service cancellation, a minimum of four (4) hours overtime shall be charged for each assigned CHP officer. C. The Contractee agrees that if service cancellation is made within twenty-four (24) hours prior to the scheduled assignment and CHP officer(s) is notified of such service cancellation, the Contractee shall only be charged a short notice service cancellation fee of $50.00 per assigned CHP officer(s). D. All service cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding state holidays. E. The CHP agrees to make reasonable efforts to notify the assigned CHP officer(s) of the service cancellation. Department of California Highway Patrol and City of Temecula CHP Agreement #22R685003 - -Exhibit B page 1 of 1 EXHIBIT B (Standard Agreement) BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment A. The CHP shall provide the Contractee with an itemized invoice which details all CHP costs for traffic control services under this Agreement. Monthly itemized invoices will be submitted in duplicate to: City of Temecula 41000 Main Street Temecula, CA 92590 The Contractee agrees to pay CHP within thirty (30) days after the date of the invoice. B. In consideration for the traffic control services contained herein, the Contractee agrees to reimburse the CHP upon receipt of an itemized invoice. The Contractee agrees to reimburse the CHP for the actual hours worked and mileage costs incurred at the time services are provided. The rates indicated in this agreement are for estimate purposes only. It is understood by both parties that rate increases in salary and benefits are governed by collective bargaining agreements and/or statute and that no advance written notification is necessary prior to implementing the increased rates. In the event CHP is granted a rate increase, the Contractee agrees to pay the increased rate. The following information are the CHP officer and sergeant overtime rates effective Fiscal Year 2022/2023, until superseded: CLASSIFICATION OVERTIME RATE CHP Officer $113.58 per hour CHP Automobile $ 1.51 per mile Department of California Highway Patrol San Mateo County Transportation Authority CHP Agreement #22R685003 Exhibit D page 1- of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS The CHP and the Contractee agree this Agreement may be canceled by either party with thirty (30) days advance written notice. 2. In the event of an emergency, this Agreement may be canceled by either party without prior notice. 3. The CHP and the Contractee, agree that this Agreement may be amended by written mutual consent of the parties hereto. 4. Unforeseen events may require CHP officer(s) to expend hours in excess of the original estimate. Any costs in excess of the original estimated amount will be processed by appropriate amendment to the Agreement, to reflect the actual costs incurred. 5. Additional charges may be assessed for CHP supplies, additional equipment utilized, damage to property repaired or replaced at state expense, which are directly related to the services provided herein, but only to the extent such supplies or additional equipment are specifically requested in writing by the Contractee or such need for repair or replacement of property arises directly from the Contractee's gross misconduct or willful negligence with respect to the property. 6. Gifts, donations, or gratuities may not be accepted by CHP employees in their own behalf or in behalf of the Department, informal squad club, or other local funds. 7. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed within a reasonable period of time (ten days) by the parties normally responsible for the administration of this contract shall be brought to the attention of the Administrative Services Officer (or designated representative) of each organization for joint resolution. CCC 04/2017 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Name (Printed) 11 Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed 11 Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full-time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.cago, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing�reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code §10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity. Aft t he Heat of Saut Cu farni, Wile•Cu.:-.ir.: City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the 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 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: Construction May 2023 through February 2025. Department: Public Works - Account No. 210.265.999.5800.PW16-01 / 726 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Adopted Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost 5801-Administration 3,064,343 366,456 300,000 170,000 3,900,799 5804-Construction 89,940,000 15,000 89,955,000 5805-Construction Engineering 33,033 10,867,967 10,901,000 5802-Design & Environmental 19,346,698 122,605 19,469,303 5700-Land Acquisition 13,806,538 716,714 14,523,251 5240-Utilities 1,993 1,993 Total Expenditures 36,252,605 102,013,741 315,000 170,000 138,751,346 Source of Funds: 4271-CFD 01-02 (Harveston) 1,005,840 1,005,840 4242-DIF-Street Improvements 75,360 75,360 4001-General Fund 4,236,174 41236,174 4668-INFRA Grant 50,000,000 50,000,000 4170-Measure A 1,627,914 1,627,914 4002-Measure S 3,761,973 1,799,612 300,000 170,000 6,031,585 4438-Reimbursements 6,023,000 61023,000 4465-SAFETEA-LU 1,602,360 1,602,360 4426-STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program 4473-TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 4474-TUMF (RCTC) 2,343,000 2,343,000 4472-TUMF (WRCOG) 1 13,406,3901 3,327,214 1 16,733,604 Total Funding 32,952,492 105,328,854 300,000 170,000 138,751,346 Future Operating & Maintenance Costs: 71 Aft WhC'n..,I City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project 2023-24 Prior Years 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase 1. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: October 10, 2023 SUBJECT: Approve Grant Deeds for Transfer of Certain Real Property Interests and Relinquishment of Access Rights to the State of California Department of Transportation for the I-15/SR-79S Ultimate Interchange, PW04-08 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED TO TRANSFER CERTAIN REAL PROPERTY INTERESTS FOR FREEWAY IMPROVEMENTS AND A GRANT DEED TO RELINQUISH ACCESS RIGHTS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 BACKGROUND: In 2004, the City entered into a Cooperative Agreement (Agreement) with the State of California Department of Transportation (State or Caltrans) for the Interstate 15 / State Route 79 South Ultimate Interchange Project, PW04-08 (Project). Pursuant to the Agreement, the City was responsible for acquiring the real property interests necessary to construct the Project. Under the Agreement, the City agreed that it would transfer to Caltrans the portions of the right of way comprising the freeway improvements after construction for inclusion in the State Highway System. The City acquired approximately 33.65 acres of vacant land from Margarita Canyon, LLC and approximately 1.194 acres of improved land from Front St. — Service Station, LP to construct the Project. The City constructed the Project between 2017 and 2019 and accepted the Project with Caltrans in 2020. 1 Accordingly, the City is ready to proceed with the transfer to Caltrans of the real property interests described in the attached subject Grant Deeds. The Grant Deeds will transfer the following property interests to the State in accordance with the terms of the Agreement: • Transfer to the State approximately 7.1 acres of real property interests. This area encompasses the freeway improvements constructed as part of the Project, including the southbound on- and off -ramps. • Relinquish to the State approximately 142.07 linear feet of access rights along City -owned property which abuts the State right-of-way. These relinquishment of access and abutters rights at or near the southbound ramps termini are consistent with Caltrans standards and policies relating to freeway improvements. FISCAL IMPACT: There is no fiscal impact associated with the approval of the subject Grant Deeds. ATTACHMENTS: 1. Resolution 2. Grant Deed to Transfer Right of Way 3. Grant Deed to Relinquish Access Rights 4. Right of Way Appraisal Index Map Nos. RW000254-1/4 2 RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A GRANT DEED TO TRANSFER CERTAIN REAL PROPERTY INTERESTS FOR FREEWAY IMPROVEMENTS AND A GRANT DEED TO RELINQUISH ACCESS RIGHTS TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT, PW04-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. B. In 2004, the City entered into a Cooperative Agreement (Agreement) with the State of California, by and through the Department of Transportation (State or Caltrans) for the Interstate 15 / State Route 79 South Ultimate Interchange Project, PW04-08 (Project). Pursuant to the Agreement, the City was responsible for acquiring the real property interests necessary to construct the Project. Under the Agreement, the City agreed that it would transfer to the State the portions of the right of way comprising the freeway improvements after construction of the Project for inclusion in the State Highway System. C. Pursuant to the Purchase and Sale Agreement entered into between the City and Margarita Canyon, LLC as of November 10, 2004, the City acquired approximately 33.65 acres of real property interests from Margarita Canyon, LLC for the purpose of constructing the Project. D. Pursuant to the Purchase and Sale Agreement and All -Inclusive Settlement Agreement and General Release entered into between the City and Front St. — Service Station, LP as of June 20, 2013, the City acquired approximately 1.194 acres of real property interests from Front St. — Service Station, LP for the purposes of constructing the Project. E. Construction of the Project was completed in 2019 and accepted by the City and Caltrans in 2020. F. In accordance with Caltrans policies and procedures, and the cooperative agreement between the City and State entered into as of December 7, 2004, the City seeks to: (i) Transfer to the State approximately 7.1 acres of real property interests, which encompass freeway improvements including the southbound on - and off -ramps, as precisely described in Exhibit "A" to the first subject Grant Deed. (ii) Relinquish to the State approximately 142.07 linear feet of access rights, at or near the southbound ramps termini, as precisely described in Exhibit "A" to the second subject Grant Deed. Section 2. Approval of the Grant Deeds. The City Council hereby approves the attached Grant Deeds in substantially the form attached, with such changes as may be mutually agreed to by the State of California, by and through the Department of Transportation, and the City Manager. The City Manager is hereby authorized to execute the Grant Deeds on behalf of the City. A copy of the final Grant Deeds, when executed by the City Manager, shall be placed on file in the Office of the City Clerk. Section 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to convey to the State the real property interests described in the attached subject Grant Deeds. Section 4. 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 1 Oh day of October, 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 I Oth day of October, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Attention Record Maps— MS 980 FREE RECORDING: This instrument is for the benefit of The State of California, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & APN 922-210-060 GRANT DEED Space above this line for Recorder's Use District County Route Postmile Number 08 RIV 015 3.33 24121 The City of Temecula a municipal corporation, a corporation organized and existing under and by virtue of the laws of the State of California, hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, all that real property in the City of Temecula, County of Riverside, State of California, described as follows: See Exhibit `A', attached. 08 - RIV 015 - PM 3.33 — 24121 (24121-1) Number 24121-1 The GRANTOR further understands that the present intention of the STATE is to construct and maintain a public highway on the lands hereby conveyed and the GRANTOR, for itself and its successors and assigns, hereby waive any and all claims for damages to GRANTOR's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of the highway. Dated: The City of Temecula, a municipal corporation Aaron Adams City Manager This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated: By Director of Transportation By Attorney in Fact 08 - RIV 015 - PM 3.33 — 24121 (24121-1) EXHIBIT "A" Page 1 of 2 That portion of land, in the City of Temecula, County of Riverside, State of California, being Parcel 1, Lot A, and Lot B of Parcel Map No. 28627-1 as shown by map on file in Book 200, Pages 100 through 102, inclusive, of Parcel Maps, Records of said Riverside County; TOGETHER WITH a portion of the Remainder Parcel of said Parcel Map No 28627-1, and a portion of Parcel "A" of that certain Lot Line Adjustment recorded November 14, 2000 as Instrument No. 2000-453433 of Official Records of said Riverside County, described as follows: BEGINNING at the most easterly corner of said Parcel 1 thence along the general northerly line of said Remainder Parcel and its northerly prolongation the following three (3) courses: (1) South 72°49'49" West 309.88 feet; (2) North 17010" 1" West 84.79 feet to the beginning of a tangent curve concave easterly having a radius of 538.95 feet; (3) northerly 198.86 feet along said curve through a central angle of 21 °08'25"; thence non tangent from said curve North 35°37'31" West 4.32 feet; thence, course "A", South 01 °00'47" East 349.05 feet to the beginning of a tangent curve concave easterly having a radius of 326.06 feet; thence, course "B", southerly 54.13 feet along said curve through a central angle of 09030'40" to the beginning of a compound curve concave northeasterly having a radius of 321.40 feet, a radial line at this point bears South 79028'33" West ; thence, course "C", southeasterly 273.41 feet along said curve through a central angle of 48°44'27'; thence, course, "D", South 59°15'54" East 520.90 feet to the beginning of a tangent curve concave southwesterly having a radius of 258.00 feet; thence, course "E", southerly 125.25 feet along said curve through a central angle of 27°48'54'; thence, course "F", tangent from said curve South 31 °27'00" East 181.62 feet to the easterly line of said Remainder Parcel; thence along the easterly line of said Remainder Parcel the following three (3) courses 08-RIV 015 - PM 3.33-24121 (24121-1) Page 2 of 2 (1) North 16°18'36" West 345.49 feet; (2) North 26°02'24" West 283.96 feet; (3) North 32°40'30" West 418.72 feet to the POINT OF BEGINNING This conveyance is made for the purpose of a freeway and the GRANTOR hereby releases and relinquishes to the STATE any and all abutter's rights including access rights, appurtenant to GRANTOR's remaining property, in and to the freeway over and across courses "A", "B", "C", "D", "E" and "F" of the above described parcel and over and across the following described line: BEGINNING at the northwesterly terminus of course sited as "North 35°37'31"West 4.32 feet" thence continuing along said line North 35°37'31" West 51.84 feet to a non -tangent curve concave southerly having a radius of 743.94 feet, a radial line of said curve bears North 00043'36" East; thence along said curve westerly 104.18 feet through a central angle of 08°01'26" to the POINT OF TERMINATION of this line. Together with underlying fee interest, if any, contiguous to the above -described property in and to the adjoining public way. CONTAINING: 7.21 Acres, more or less. The bearings and distances used in the above description are based on the California Coordinate System of 1983 (2004.00 epoch), Zone VI. Divide all distances by 0.999914767 to obtain ground level distances. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. The attached real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature J0J R. Duquette, S 7566 Date (06423 Jl,F OSF C7P1�6l6 ��X 08-RIV 015 - PM 3.33-24121 (24121-1) RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Attention Record Maps— MS 980 FREE RECORDING: This instrument is for the benefit of The State of California, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922) Eft ' 1 •y0�`1111*1:0 GRANT DEED Space above this line for Recorder's Use District County Route Postmile Number 08 RIV 015 3.54 24122 The City of Temecula a municipal corporation, a corporation organized and existing under and by virtue of the laws of the State of California, Being the owner(s) of that certain real property in City of Temecula, County of Riverside, State of California, described in that certain Grant Deed recorded February 14, 1997 as Instrument No. 050647 of Official Records of the County Recorder of said Riverside County, do hereby release and relinquish to the STATE OF CALIFORNIA for the purpose of a freeway, any and all abutter's rights, including access rights, appurtenant to the above described real property in and to said freeway. See Exhibit "A", attached. 08 - RIV 015 - PM 3.54 - 24122 (24122-1) Number 24122-1 The City of Temecula, a municipal Dated: corporation By Aaron Adams City Manager This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation. Dated: By Director of Transportation By Attorney in Fact 08 - RIV 015 - PM 3.54 - 24122 (24122-1) EXHIBIT "A" Page 1 of 2 RELINQUISHMENT OF ACCESS RIGHTS, across that certain real property, as described herein, Real property situated in the City of Temecula, County of Riverside, State of California, described as follows: Parcel (24122-1) Being a portion of Lot 11 in Block 32 of "Town of Temecula", in the City of Temecula, County of Riverside, State of California as shown by map on file in Book 15 of Maps, Page 726 Records of San Diego County, California, limits of the Relinquishment of Access Rights in and to the adjacent highway right of way described as follows: BEGINNING at the northeast corner of said Lot 11; Thence along the easterly line of said Lot 11 South 15041'16" East 6.48 feet to the beginning of a non -tangent curve concave westerly having a radius of 386.97 feet, a radial line of said curve to said point bears North 87009'33" West; Thence leaving said easterly line the following three (3) courses: (1) Southerly 20.50 feet along said curve through a central angle of 03002'09" (2) Non -tangent from said curve South 43006'11" West 37.59 feet to the beginning of a non -tangent curve concave southerly having a radius of 843.93 feet, a radial line of said curve to said point bears South 01 031'39" West; (3) Westerly 77.50 feet along said curve through a central angle of 05015'42" to a POINT OF TERMINATION. Together with underlying fee interest, if any, contiguous to the above -described property in and to the adjoining public way. CONTAINING: 142.07 lineal feet, more or less. 08-RIV 015 - PM 3.33-24121 (24122-1) Page 2 of 2 The bearings and distances used in the above description are based on the California Coordinate System of 1983 (2004.00 epoch), Zone VI. Divide all distances by 0.999914767 to obtain ground level distances. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. The attached real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. Signature � Jo R. Duquette, 7566 Date JOHN R. DUQUETTE L.S.7566 08-RIV 015 - PM 3.33-24121 (24122-1) m STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION °uQ���GFo PR SSIONAL LAND SURVEYOR o� m 7/20/2016 L.s. 7566 RIGHT OF WAY INDEX DATE N q�F of C kOo' z INTERSTATE 15 N � MI CHAEL BAKER INTERNATIONAL 40810 COUNTY CENTER DRIVE, SUITE 100, TEMECULA, CA 92591 w TEL .: (951) 6 76- 8042 FAX: (951) 6 76- 7240 CITY OF TEMECULA NOTE: The State of Col i fornio or its officers or agents O sholl not be responsible for the occurocy or completeness COUNTY OF RIVERSIDE of digitol imoges of this mop. .J i i i i i 1 CD Z TO E S COND 1 DO NOTE THIS APPRAISAL MAP IS BASED 137/16-18 DATUM STATEMENT THE COORDINATES AND BEARINGS SHOWN HEREON ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI, NAD 83 (2004.00 EPOCH) UNLESS OTHERWISE NOTED, ALL DISTANCES SHOWN ARE GRID. GROUND DISTANCES MAY BE OBTAINED BY MULTIPLYING THE GRID DISTANCES BY A COMBINATION FACTOR (C.F.) OF 1.00008524. BASIS OF BEARINGS WAS DETERMINED LOCALLY BY A LINE BETWEEN CONTINUOUS OPERATING REFERENCE STATIONS (CORS) "BILL" AND "DVLS" BEING N05005'38.82"E AS DERIVED FROM GEODETIC VALUES PUBLISHED BY THE CALIFORNIA SPATIAL REFERENCE CENTER (CRSC). THE SOURCE OF THE COMBINATION FACTOR IS AT POINT #176,AS SHOWN ON R.S.137/16-18, A 1"I.P.W/PP STAMPED "CALIF DOT" FLUSH, ESTABLISHED BY GPS METHODS. NORTHING: 2,119,079.46 EASTING: 6,290,080.09 ELEVATION: 1023.50 (NAVD88) CONVERGENCE ANGLE: - 0029'22" PARCEL NO, 24121 -1 92 241 22-1 241 23-1 GRANTOR CITY OF TEMECULA CITY OF TEMECULA ELECTREND9 INC. SHFF T 2 3 3 (41 �\ ----------------- �--BILL-----------N0505'39"E 41215.46f..— \ DVLS — — — — — N: 2,154,994.46 ...... E: 6,313,564.61 N: 2,196,047.13 E: 6,317,224.22 MONUMENT NOTES: 176 FD. 1" I.P. W/ PP STAMPED "CALIF DOT" FLUSH PER R1 179 FD. 6" X 6" CONCRETE MONUMENT W/ NAIL, UP 0.4' PER R1 BILL FD. JOINED PIPES W/ STD. SURVEY SCREW IN TOP PER R1 DVLS FD. JOINED PIPES W/ STD. SURVEY SCREW IN TOP PER R1 (N: 291549994.462 E: 6,313,564.613) (N: 2,196,047.130 E: 6,317,224.218) O MURR I TA PROJECT ID: 08-0000-0668 Z } EASEMENT NOTES: NOTE: The Stote of Co►ifornio or its officers or ogents °D shol► not be responsible for the occurocy or completeness 1❑ EASEMENT FOR POLE LINES, CONDUITS, OR UNDERGROUND FACILITIES IN FAVOR OF SOUTHERN of digito► images of this mop. CALIFORNIA EDISON COMPANY INST. NO. 90988 REC. 7/12/1973 O.R. T E ME A ❑5 EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT CITY 0 F o INST. NO. 302358 REC. 9/1/1989 O.R. 90S © EASEMENT FOR SEWER, INGRESS AND EGRESS IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT 1 0 8 1 4 N�a°Al INST. NO. 84404 REC. 3/8/1990 O.R. P.M. NO .10814 z �7 EASEMENT FOR POLE LINES, CONDUITS OR UNDERGROUND FACILITIES IN FAVOR OF SOUTHERN P ,'v'� IV Q 5 Q 0 CALIFORNIA EDISON COMPANY INST. NO. 349763 REC. 9/20/1990 O.R.o NO.- 7 8 / C, 1 000. 5 ,,,"�. Q 0 P oM oB L 4 Cb > 10 EASEMENT FOR UTILITY PURPOSES AND APPURTENANCES IN FAVOR OF EASTERN MUNICIPAL WATER R o P AR C E L Sry... DISTRICT INST. NO. 2016-66086 REC. 2/19/2016 O.R. P 0 - 5 990.8 �aO.4 10111111= Ln z O_ V1 W cr IM111111 10111NN1 r m N09020'34"W 861.46' CURVE DATA TABLE NO. RADIUS DELTA LENGTH C1 258.00' 300 51 '41 " 1 38.97' INA N26° 36'03..W A2A •T6' INST. NOo 200 REC O 991.7 9 2 r 124121-2I 93 . A0a . p00 00 998.6 1' L? n05• R=3 0' n i 1,95.8 996.5S L W LLI N 001.4 1002.1 W W "R 7" L INE Q Lil 1 001 . 8 � \ 10C �tO 1001.6 1002.2 ~ u 0 0 O 1 � 4 1 —1 ,�� 1 001 6 1 001 6 N 1002.5 M n 1 003 0 O 1003.4 ►' _ , 1003.4 _ 1005 8 __------- --- 7 31 - -- -- — r— ' / 7 N 10 2.8 �,�� --- � 6.. 9 • 71, T -------- _ —! EXq$T R/W --- - - - - - - - ---------------------------------- -- ------ USH, PER P - --- ------------------ - 200,00' -----— — — — — — — ----------------------- ------ --- ------- - - --------------------- - - ---SPH 17°2�'4�"W1�00 6' - � --.--- ---1-7---R=3000,Oa---------------------------------------- ----------------------g---------------- ---Q 3°1V29"-- --------------------------------------------- ------------------------- ------------------ ASPH - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1005-.5------1�06.--------- 1007.-5---------------- 1009.-5--------- 1010.5----------------------- z I- -- — -- -- — — — — — -- -- -- -- — -- — — — — -- — — --- Cr — w > .76' 1008. W > 0: 1 ---- ---- ----- — — N 100).5 1007.6 TA 1 ----- L 3 C17 + 5 1 --- INV --__ ------ 2Ty-r�V -- 10 -----1 004_ 6----- — — 1003.1------=� —=-10------------- — — ---------------- 0 , ����. -< T44 �6 \ 1 02Z'0� UHi I O 0 AREAS (square feet or as noted) ir PARCEL# TITLE GRANTOR REMARKS a CODE TOTAL REOUIRED O [UF1 EXCESS (O [UF1 REMAINDER 3 o i i i i i 24121-1 F CITY OF TEMECULA 1,509,761 313,753 191969008 rr 24121-2 E CITY OF TEMECULA 32,797 EASTERN MUNICIPAL WATER DISTRICT UTILITY EASEMENT AST IC UG , ra- ►F--BA-T "!— _---- 1 01 5.6 _----_—_—__--- — H, .B. 2007t00-402— — DENSE T __ 101 GRANTOR NOTES NOTES STATE OF CALIFORNIA 1� Areas shown exclude underlying Coordinates and bearings are on CCS CALIFORNIA STATE TRANSPORTATION AGENCY fee in the adjoining public way. 1983(2004.00) Zone VI. Distances and Ac=acres stationing are grid distances. DEPARTMENT OF TRANSPORTATION [ I Indicates Underlying Fee (UF) Area Multiply by 1.00008524 to obtain [Y] Indicates Indeterminate OF ground distances. RIGHT O F W A Y 2Q TITLE CODES: All distances are in feet unless A=Access Rights Only F=Fee otherwise Hated. APPRAISAL M A P E=Easement (Ease) TCE=Temp Construction Ease T=Other Temp Ease (see Remarks) M A P N O R W 0 0 0 2 5 4— 2 LEGEND o 0=other (see Remarks) TYPE: GD=Grant deed F OR PREVIOUS R/W INFORMATION SEE """"""" Access Prohibited ED=Easement deed A.6u+y.&6w Access Superseded MAP(S) 412581-412582, 913562 & RW000127 QC=Quitclaim — — — Existing R/W Superseded DD=Director's deed Access Opening (Private) FULL SIZE MAP SCALE: 1" = 50' MICHAEL BAKER INTERNATIONAL DE=Director's easement deed (R) Indicates Radial Bearing 14725 ALTON PARKWAY IRVINE CA 92618 ' DK=Director's quitclaim deed � Indicates Found Monument FEET 0 25 50 100 150 TEL.: (949) 472-3505 FAX: (949) 472-8373 FOC=Final Order of Condemnation HE=Highway easement deed REL=Relin uishment qon as noted o ascalculated TO DESIGN; 06/18/2016 EA(s); 43230 FA#; DRAFTED BY; RVB CHECKED BY; JD RECORDATION VAC= JUA=Join+ fuse agreement point. (Does not im monument set) p y TYPE 3Q DATE DOC.# 0 DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS CCUA=Consent to common use O Title to State - - 8 RIV 15 3.2 /3.3 2 4 0 agreement Document Instrument 0 Required for Others - - or number PROJECT ID;08-0000-0668 Z to z 0 0 w 1X NV/E: the State of California or its Officers or agents sholl not be responsible for the accuracy or completeness of digital images of this map. EASEMENT NOTES: EASEMENT FOR POLE LINES, CONDUITS, OR UNDERGROUND FACILITIES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY INST. NO. 90988 O.R., REC. 7/12/1973 ❑2 EASEMENT FOR DRAINAGE PURPOSES IN FAVOR OF THE STATE OF CALIFORNIA INST. NO. 90989 O.R., REC. 7/12/1973 ❑3 EASEMENT FOR PIPELINES IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT � 1 1 ��� _INST, N0. 17126 O.R„ REC, 1/26/1984 _ 4❑ EASEMENT FOR PIPELINES IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT 12 13 1 \ ,�b0218.48, 0 r- 15 99.99, I 0 INST. NO. 111405 O.R., REC. 3/14/1986 \COI 14 N �k4 4' .00 N 74 16 4 8 E 19. 4 9 ♦`` i ;�, Q� J + �, \� W 220.36' -► 1 rn '0 r -= 5❑ EASEMENT FOR ROADWAY PURPOSES IN FAVOR OF EASTERN MUNICIPAL WATER 1 000. 5 "> 1 0C 3 . '� 00' 6 '- P C / I ' \ !'' �� 6 DISTRICT INST. N0. 302358 O.R., REC. 9/1/1989 A., Q00 ^ .� 1000.E w ^w \ . LLA �'4 19 L T '- h ,��L o� ZV o. P LLL� Q oti • Q - `° 40 ,� � \°D j C, 1 4'0331 �;�� ,N Q © EASEMENT FOR SEWER, INGRESS AND EGRESS IN FAVOR OF EASTERN MUNICIPAL +75.45 o�- _j o 1p \- INS 20(� 1i14/2 o� �; ,a a / / DETAIL A / - � N Uo � bb 0 0453 \ I 17 c� WATER DISTRICT INST. NO.84404 O.R., REC. 3 8 1990 11111d ' � ft�_ 633.38' LT � STA 186+ 14.22 �� CL IMP 1-15 � � 616.23' L T ` / STA 185+65.30 1 24121 -1 CL IMP 1-15 'Vol `00 42"�j1.8AI W / 154. 22. 5r. -% 6 / H86 o C3 l A ; N3�o 31 1 CIO, Ol 46„ 2 N10 0 ❑ 28.. 6 UT.EASE. F 3 ,03 Al �� 24121-2 2638. CURVE DATA TABLE NO. RADIUS DELTA LENGTH C1 538.95' 15058'11" 150.22' C2 538.95' 0501O'l411 48.64' C3 538.95' 21008'25" 198.86' C4 1 743.94' 08001'26" 104.18' C5 50.00' 71 ° 1 7'03" 62.21 ' C6 45.00' 65003'47" 51.10' C7 843.93' 1 03033'47" 52.48' C8 1 843.93' 05015'42" 77.50' C9 84 3.93' 0804 9'29" 1 29.89' 1g 349• . I - _�I� � � /�%/ 18, / -_C1Ty OF 4.84• 0g ;� - _ SEE DtTA? A ME ULA R I 1 � / • 1 10 EASEMENT FOR UTILITY PURPOSES AND APPURTENANCES IN FAVOR OF EASTERN 998. 2 �l / ` �LE%N/ ;/ /J NO2 02 08"W�R) MUNICIPAL WATER DISTRICT INST. NO. 2016-66086 O.R., REC. 2/19/2016 8 END ACCESS CONTROL ' LT A 187 20.83 11 EASEMENT FOR RIGHT OF WAY AND UTILITY PURPOSES IN FAVOR OF EASTERN 4 79' I C2 - - -- - 643. w o - _ _ L C�`�- - / , l M CL 1 1-15 MUNICIPAL WATER DISTRICT INST. NO. 2016-66087 O.R., REC. 2/19/2016 `° N 1 10 1 1 'W �� -' � l LAD 1 V CO. TRANS " b20 0 785 79, L5 99-, • �8 00 03"E (R ' _ , ` > % ,� ' l M _ US ,PER�RIVER IDE COUNTY 12 EASEMENT FOR RIGHT OF WAY AND UTILITY PURPOSES IN FAVOR OF RANCHO 1.2g 0 _ __�-;,-- -_-• _ _ 1' ORS9 UMENTATION MAP NO. 917-R CALIFORNIA WATER DISTRICT INST. NO. 2016-92053 O.R., REC. 3/9/2016 N1 7 10 11 W=23°46'23'-R: - _ 9 -gSPN ,�� 1 S ,0 2 •;8 24123-1 ACCES"IGHTS W -FRONT �'20�,q�; ` i, 0 o •�� END ACCESS CONTROL I I „ EET� 4\ - `�� Aso `' ''� '� 52 - STA 187+68.26 FD COPPERWELD MON "LS 4547",FLUSH, FD 1 IP W/N&T LS 5134 ,DOWN 0.5 , . 117 109111"QN03.546 -23 46 2 R_q\�\ ��,�` •T 3 •7 2 L IM�� �_�� PER CORNER RECORD 01-568- - - - - -- ACCEPTED AC C EC PER RS 137/16-18 10036.�'96' Lml 3 ` 2 •4CCE 122�1 �T - - --- z i - 2 9 ?6� /8 ,;� 1 '� , S /1GyT `RFD COPPERWEL D MON "L S 454 i N8 3 ° �g'� 8 ti'W c R) \ T .��, � � � 6 , ;� S - - - - - - - ----------------- 0 ,�� ow .? -PER CORNER REC_O_RD 01- 568 F r ___-----_ --- o „ -- ;- --- 1003.3 �' N48°16'37"E 1 3983' �� ^°� NO ��' - _ CIT�OF- - 996.E RANT S Q-0933 Q4�� 1 .�C36---- ° N 5 4, �-�W7 3065. 3_���_ .. g 6 3 �31 qj--v- - - TEMECAILA RA _��� N64 45'40"E,(R)--------------�----------------------- N10° 53 23 w (R)� �fi6 R�9 _ -_ ----- -- -99T1 03' - - 4018'44"E - - // 1003.1 �/ / - _ • 3 _ _ _ _ - g- moo- - - ---- ---- -- - -,� J -_ _ 1003.3 o .ham `17 _<_-_ _ - - N250 4� X ` 3 6 - --5-- 6 16 1003.5 P' o�qS � % 9 -�.� f -- l RW1LELD "�0i5�7",FL SH '� 3 , w ao ,h�. ,' /% / /W .�' N RECORD �91, "W1004.6 � '9/ � i'- /!►� 1003.4 1000.5 a i / c 7 -' / ���'� ti 1004.5 9 EASEMENT NOTES. 97.2 rn 15 ino 1 13 EASEMENT FOR RIGHT OF WAY AND UTILITY PURPOSES IN FAVOR OF EASTERN 1003.4 �005.8 f � � 8 //;/ 191,005.9 1005.5 MUNICIPAL WATER DISTRICT INST. NO. 2016-66088 REC. 2/19/2016 O.R. 1002. _ r 14 EASEMENT FOR RIGHT OF WAY FOR UTILITY PURPOSES IN FAVOR OF RANCHO LA 1003.4 _ ,- 7 - �f T C) �h /', \1 000�. 7 \ /5• ❑ 0-''1006;6_- ° �,/ \ \ o3A�3 c5�� �� CALIFORNIA WATER DISTRICT INST. NO. 2016-92054 REC. 3/9/2016 O.R. 1006.7 �� / / �� DENSE 1006.5 ROE 15 EASEMENT FOR PIPELINES IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT LLI� , � / � � / S � \\ � _ INST. N0. 1896E REC. 1/17/1991 O.R. 5 �� �J i� •30"`11 /� �' ' j� �/ /gg • 4 T _ _ - \\\\ Fp 7 „/p\ \ SrFk/A 04. 7 f 16 PARTIAL QUITCLAIM OF INST.NO. 111405 REC. 3/14/1986 _ J - 6 /- ,�� N32o AO " 18 �� ,' / / - �F �,�\1000� 5 _ - - _ �DN9y W��°A,q w INST. N0. 2021-0425153 O.R., REC. 7/15/2021 �- � - - - _ ,� 0 3• ST/C R-11INNI NOT TO SCALE 990.8 0 QLin N ON "a 10 i v AS 24121-2 c Al 91 oAA2 p 1000 3 \. N ,� 000. 6 3 >-wt 0=09 3 2 .h O // . gSPH „ ;� �Q �� I R= 1 ^ \v w 1 - ❑7 EASEMENT FOR POLE LINES, CONDUITS OR UNDERGROUND FACILITIES IN FAVOR OF _290• 9. 8 L 576'Og' L_g0 �p „� 0 % o f4) OADWAY EDICATED R 1' �' , �"- I � \\ ---- SOUTHERN CALIFORNIA EDISON COMPANY INTR. NO. 349763 O.R., REC. 9/20/1990 • •45 r' o ` 2016-014825 O.R., Lr/ \\ p=71 REC. 14/2016 I O \\ ® EASEMENT FOR SLOPES, AND RIGHTS INCIDENTAL THERETO IN FAVOR OF THE CITY OF L _ 999. •60 �� ' o ASP MEND ACCESS CONTROL l i TEMECULA INST, NO. 406457 O.R., REC. 11 /6/1997 613' A� ' I '��I 1 ' d �1 R- 02 •06• c5 �j STA +,3 7 II'l F- - - ❑9 EASEMENT FOR PUBLIC UTILITIES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY l ..... ,.. -09 30.40„ 9 9 9. 7 I� �'9 9 2 CL IMP , /, o `R/ /' ''/ , g • 2 / INST, NO. 615365 O.R., REC. 12/11 /2001 pCC 998.E 994.9 996.5� L 93. �95.8 • 0, 1• 1 `w 1 o� D. 001.4 21 1001.9_ -0-0 � ° 2 q 1 GO-8P 1 ozoo a1001.7 nl d 24121 -1 1000.E 0P LLJ 1001.6 - 1002.2 ° Lv 0 X o "R7" LINE 3 ° 0 2� 1002.5 LU M 1001.6 1001.6Lu g � o �\0 ° 1 003. 5 V) o m �FD P W/PL A T ►� ''- (A z � N 0_ W W >Cr it LINE DATA TABLE NO. BEARING DISTANCE L 1 N350 37'31 "W 56.16' L2 N82042'10"E 92.26' L3 N82042'10"E 24.00' L4 NO1000'47"W 388.98' L5 NO1000'47"W 413.27' L6 N43006'1 1 "E 37.59' L7 N04021'31"E 20.50' L8 N15041'16"W 23.66' L9 N88001 '58"E 99.1 8' -AI8 _ �o' / / - f I qP H�' q47 �CgLT►q C•44/F 17 JOINT USE AGREEMENT BETWEEN THE CITY OF TEMECULA AND RANCHO 0 99i% �•,'/ _9B q97IV MO 0T \ CALIFORNIA WATER DISTRICT PER INST. NO. 2020-0289428 O.R., REC. 7/2/2020 L is / = ' � 1® JOINT USE AGREEMENT BETWEEN THE CALTRANS AND RANCHO CALIFORNIA / / FD qOPPERCLAD_RI V.CO. TRANS - - WATER DISTRICT PER INST. NO. 2020-0562572 O.R., REC. 11 /12/2020 FwS , ER ERSJDE_C0UN_ Y - - �'��/ /i - / �/ / /,j '� l/ ,��1 RGEY (�MEAI7Az►OI -MAP NO, -97 RANCHO CALIFORNIA WATER DISTRICT EASEMENT (DOC. NO. 17126, O.R., QUITCLAIME TO CITY OF TEMECULA) PER INST. NO. 2021-0425154 O.R., REC. 7/15/2021 -�-- -� DENSE TREES 0/ 100 102 , �oti GRANTOR NOTES NOTES STATE OF CALIFORNIA DENSE T / h o/ ��-- 2 / N110 -a4� DENSE TR Areas shown exclude underlying Coordinates and bearings are on CCS and CALIFORNIA STATE TRANSPORTATION AGENCY 26�� -_-- fee in the adjoining public way. 1983(2004.00) Zone VI. Distances and / /� Ac=ocres stationing are grid distances. DEPARTMENT OF TRANSPORTATION / I / /997 �� �� ---- [ I Indicates Underlying Fee (UF) Area Multiply by 1.00008524 to obtain �- -_ LYl Indicates Indeterminate OF ground distances. ' / /---------- 2Q TITLE CODES: AI I distances are 1n feet unless RIGHT OF W A Y --------------------------------- ---- ------ 1020. 3 / 6 A=Access Rights Only otherwise Hated. APPRAISAL M A P -------------------- ------ O A --------------------- -------------------------- - T----�---� F =Fee -- - - - - - - - - - - - ----------------/--0---------•41;- ----- - - ------------------------------------------- - ------------------------- E=Easement(Ease) '� / TCE=Temp Construction Ease �%j �%j �%j -- ------------- - - - - -- 021-._4_------o'-_ - - -_ --- �---------------------- - - - - --------------------------------- - - - - -- T=Other Temp Ease (see Remarks) MAP N0 s RW 000254 / 0=other (see Remarks) LEGEND � - - - = 3Q TYPE: FOR PREVIOUS R/W INFORMATION SEE IMP i _ 1 JC / Access Prohibited ►V� ! • ED=Grant deed ,,,i A...... Access Superseded MAPS 412581 412582 913562 & RW000127 ----�----------------------------------•r�---------------------------------------- ----------------- ED=Easement deed P ( ) - � MICHAEL BAKER INTERNATIONAL o N U w 0: a 3 / � 14725 ALTON PARKWAY, IRVINE CA 92618 TEL.: (949) 472-3505 FAX: (9�9) 472-8373 0 Qu=Quitclaim DD=Director's deed DE -Director's easement deed FOCDirector's quitclaim deed FOC=Final Order of Condemnation g hway easement deed VAC=vacation JUA=Joint use agreement CCUA=Consent to common use agreement Document or Instrument number --- Existing R/W superseded � Access Opening (Private) �' Indicates Radial Monument as notedHE=Hi o indicates calculated point. (Does not imply monument set) O Title to State 0 Required for Others FULL SIZE MAP SCALE: 1 = 50 FEET 0 25 50 100 150 TO DESIGN: 06/1$/2016 EA(S): 43230 FA#; DRAFTED BY: RVB CHECKED BY: JD PARCEL# TITLE CODE GRANTOR AREAS (square feet or as noted Q � REMARKS RECORDATION TOTAL REOUIRED O LUF1 EXCESS (O LUF1 REMAINDER TYPEQ DATE DOC.# O W p I I I I I I I I I I 24121-1 F CITY OF TEMECULA SEE SHEET 2 - - DISTRICT COUNTY ROUTE SHEET PM SHEET NO• TOTAL SHEETS 24121 -2 E CITY OF TEMECULA SEE SHEET 2 - - 24122-1 A CITY OF TEMECULA ' ' CITY OF TEMECULA ABUTTER'S RIGHTS RELINO. 142.07 - - 8 RIV 15 3 4 24123-1 1 A ELECTREND INC. ELECTREND INC. ABUTTER'S RIGHTS RELINO. 17.18' - - PROJECT ID: 08-0000-0068 Z z O_ In w Ix Rol 0 z O V1 W cr 0 z N W nc - ■ F•: 0 z 0 O 0_ W W > Cr Cr EASEMENT NOTES: © EASEMENT FOR SEWER.INGRESS AND EGRESS IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT INSTRUMENT NO.84404 REC.3/8/1990 O.R. ❑7 EASEMENT FOR POLE LINES. CONDUITS OR UNDERGROUND FACILITIES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY INTRUMENT NO.349763 REC.9/20/1990 O.R. 19 EASEMENT FOR PIPELINES. AND RIGHTS INCIDENTAL THERETO IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT INSTRUMENT NO.2001-50515 REC.10/17/2001 O.R. ® EASEMENT FOR TEMPORARY CONSTRUCTION IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT PER INST. NO. 2001-505016 REC. 10/17/2001 O.R. 21 EASEMENT FOR TEMPORARY CONSTRUCTION IN FAVOR OF RANCHO CALIFORNIA WATER DISTRICT PER INST. NO. 2001-505017 REC. 10/17/2001 O.R. ©2 EASEMENT FOR SEWERS, INGRESS AND EGRESS IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT INSTRUMENT NO.433760 REC.11/29/1990 FD 1 "IP W/N&T "RCE 21914",DOWN 2.8', PER P.M.B. 78/5-8 N09020'34"W 861.46' 19 N Y O Cb �o oQ o Q 0!1I�.� FD i"IP W/TAG "LS5134",FLUSH, c� y. PER R.S. 137116- 18 CL c ���/ SFN 5 w OQ<v� '• L 2 4.�INST.NO. 302357 J J REC: 9/01,/.a, '\ 6 Wypd 34 9.9 7" - - - 1 N16 1 8 55 W €\`REES� Li - MECULA C OF TE ITY Po M. N0. 10814 P.M.B. 78/5-8 POR° PARCEL 4 424.76- - - - - 6° 36 N2,03..W _FD 1 "IP W/N&T "LS5134"",FLUSH, PER R.S. 137/16-18 a 60 ,�A o1460 • PARCEL A N36°A1 I NS T.NO. 453434 NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or completeness of digital images of this map. 4 ry °O co Ito . S68 ° i0 in J o O� ... ••`i1 . 3 °zc�.� - PARCEL 7021- r NA 2y°� w 2 N1go58'23"W�� RSB 114/95-`�`� FL�SN 235,9 N,0° N •: ?q• rno CO.7Rp EYORS 326.3?$.F (uv ..RSV• Y SUR9 7.R R E C o 11 / 14 / 2006 - - ;� - a z OpPERCLpE �MpP ENO • N/� - -- - 9 F R R�VNRAT ION 78 ° ` \, DOD. v 1 G:5. DOO.i °O.6(J /..I PMEONUME �R `GNP S _ t 000.3 �✓ 000.6 '� ASPH I\ 7 va� 999.6 1 ASPH I A � U T • E A C J 999-. 999'. T grip. 2 • © Gi' - j� 7 998.6 24121 -2 .996E 7 .. r, 1 i1 2 ~ 994:9 8 996.55Zi • ���-�� - -,- -99j'• ASP --�.5 - : / -18 W99 �a FD COPPERWELD MON 4547 , LUSH, ~ =- 996 PER CORNER RECORD 01- 568 xxx -.� � nor• ,00z., ,00r•�yJ oan 1003.5 ----------- p - 03�at ... 3 ,00 1 3065.1 ._ _ -- .- R \ S� - ,001.] C�1 T 1000.6 --`• 1003. �./ ■ 2 1 DD1.6 4 1 2 1 - 1 ------ `- ' DD3.5 S ; -�7 - "/`/ . FD i"IP /N&T "LS 5134",DOWN 0.5', W '.6 t002.5 1004.6/' C0�•4 1ooa.5 ACCEPTED AC C EC PER IRS 137/16-18 1003.5 - SiT 1003.4 ��' %�. /1 9 :5 // •� 9T.z SINS 1 �� 1 I _ � 5 D COPPERWEL D_ 41ON L S 454 7 ,FLUSH, �fJD'S 8 ', - Ft 005.5 , 003. a `i °D2. 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BEARING DISTANCE L1 N73042'02"E 199.85' L2 N16020'17"W 217.63' L3 N73039'15"E 199.94' L4 N70009'1 1 "E 1 34.98' L5 N0701 7'50"W 309.07' L6 N82042'10"E 214.18' L7 N1701O'111V 84.79' L8 N79017'50"E 144.73' L9 N29042'06"E 110.12' L101 N7401 8'44"E 50.00' PgRC-______\ \ , , 2.CL ,` • . i/ice �Jr �� • OO � * 1 O fl •hA •`� O� v, '�► �� o Oati° O°Nz °° o.X� "P. FD BRASS DISC IN WELL MON "CALIF DOT RCE 26457",DOWN 0.5', UP 0.2',PER CORNER RECORD 02-101 r eS AREAS (square feet or as noted) REMARKS TOTAL REOUIRED O [UF1 EXCESS (O [UF1 REMAINDER SEE SHEET 2 SEE SHEET 2 CITY OF TEMECULA ABUTTER'S RIGHTS RELINO. 142.07' ELECTREND INC. ABUTTER'S RIGHTS RELINO. 17.18' i ale• � ...�;�����=� Div .'9� lw .¢ ...............f02T:6............. --------------- ---,�],';2 _ __ _ _.._ _. LU - Pr"�'f`_-R R ... .. ASPH ............ .......... ............ _ _ _ .. __.__ f: ]'___.. ___.._ _..___.. .- ___..... _.. f - .__... __. __..._ 1 -_ 1021.9 �t02 iQ20 6 10 93 "" l0 B3 ------------------------------------ -----..- j .9 •' •' 2 9 1021.5 102tl.2 14. ,Ott 1 1 6 017.3 ,0 lyr 1• 4 ------------------------- 2 a 5 � t 80 1D2<. 1024 l f0 6 1 ASPH t 7.5 -------- --"....................--- -N --- f jQ i02i.] "-Ib2tl:a .$ .......... .. ......................... foz3:6--- .. .�D---I----IP /' � T--- -L-S -im-4 -� � ►__ _...__...__...__...__.. ------------- . r, T ASPH No ° 3552 T RAC 5 63- 66 Mg FD 1 IP W/N&T "LS 3799",FLUSH PER CORNER RECORD 90-245 MICHAEL BAKER INTERNATIONAL 14725 AL TON PARKWAY, IRVINE CA 92618 TEL.: (949) 472-3505 FAX: (949) 472-8373 RECORDATION TYPE 3o DATE DOC•# 0 g W FD i ►�WZPLAS ►CPLUG -CALIF DOT-, PER CAL TRANS MONUMENTA T ION MAP NO. 441541-451544 O rn M tn N J ON o :n Q(A 3 Q. � 0 W � a 8 J J 3 z Ch o an rn 1 �Ln �Ch N V J^_ a N Q Ct c,..i CX na W O • N 2 0 0 0 GRANTOR NOTES NOTES STATE OF CALIFORNIA CALIFORNIA STATE TRANSPORTATION AGENCY Areas shown exclude underlying Coordinates and bearings are on CCS fee in the adjoining public way, 1983(2004,00) Zone VI, Distances and Ac=acres stationing are grid distances, DEPARTMENT OF TRANSPORTATION Indicates Underlying Fee (UF) Area Multiply by 1.00008524 to obtain Indicates Indeterminate OF ground distances. RIGHT G WAY TITLE CODES: All distances are in feet unless 1C A=Access Rights Only F=Fee otherwise Hated, APPRAISAL M A P E=Easement (Ease) TCE=Temp Construction Ease T=Other Temp Ease (see Remarks) M A P NO. R W O 0 0 2 5 4- 4 LEGEND O=other (see Remarks) TYPE: GD=Grant deed FOR PREVIOUS R/W INFORMATION SEE Access Prohibited ED=Easement deed A.6"+m.&wj Access Superseded MAP(S) 412581-412582, 913562 & RW000127 QC=Quitclaim - - - Existing R/W Superseded DD=Director's deed Access Opening (Private) FULL SIZE MAP SCALE: 1" = 150' DE=Director's easement deed (R) Indicates Radial Bearing DK=Director's quitclaim deed Indicates Found Monument FEET 0 75 150 300 450 FOC=Final Order of Condemnation HE=Highway easement deed as noted TO DESIGN: 06/18/2016 EA(s): 43230 FA#: REL=Relin uishment - q o Indicates calculated DRAFTED BY: RVB CHECKED BY; JD VAC=Vacation point. (Does not imply JUA=Joint use agreement monument set) DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS CCUA=Consent to common use 0 Title to State 8 RIV 15 3.3 /3.6 4 4 agreement 0 Required for Others Document or Instrument number 179 PROJECT ID: 08-0000-0068 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: October 10, 2023 SUBJECT: Approve Agreement for Consultant Services with Mark Thomas & Company, Inc. for the I-15 Congestion Relief, PW 19-02 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve an agreement for consultant services with Mark Thomas & Company, Inc. in the amount of $100,000 to provide engineering and construction support during construction of the I-15 Congestion Relief, PW 19-02. BACKGROUND: Mark Thomas & Company, Inc. (Mark Thomas) completed the design and environmental clearance of the Project earlier this year. For complex projects such as this, it is prudent to retain the designer throughout the bidding, construction, and closeout phases to address requests for information, review submittals, analyze changes, provide details on design intent, review/prepare contract change orders, prepare as -built plans, and assist the project manager and resident engineer as needed. As the engineer of record and manager of the environmental document and supporting studies, Mark Thomas retains unparalleled knowledge of the Project's development and final design. It is appropriate that Mark Thomas serve in this capacity. The subject agreement delineates the engineering and construction support services to be provided. Tasks will be performed on a time and materials basis, as needed to support the project. FISCAL IMPACT: The I-15 Congestion Relief project is included in the City's Capital Improvement Program FY 2024-28. Project costs are funded by several sources as shown in the attached CIP Project Budget Sheet. Sufficient funds are included in the approved project budget and appropriated in the current fiscal year to cover the agreement amount of $100,000. ATTACHMENTS: 1. Agreement 2. CIP Project Budget Sheet 3. Project Location Map AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MARK THOMAS & COMPANY, INC. PW19-02 1-15 CONGESTION RELIEF THIS AGREEMENT is made and effective as of October 10, 2023, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Mark Thomas & Company, Inc., a Corporation (hereinafter referred to as "Consultant" ). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on October 10, 2023, and shall remain and continue in effect until tasks described herein are completed, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 08/09/2021 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Publjc-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 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 Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 08/09/2021 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. C. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 10. INDEMNIFICATION HOLD HARMLESS .AND DUTY TO DEFEND a. indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their elected officials, officers, employees, servants, designated volunteers, and those City agents 08/09/2021 serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 10.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 10.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. iii. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1. General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 08/09/2021 2. Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4. Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:Vll or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. O8/09/2021 f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 16. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Mark Thomas & Company, Inc. Attn: Bo Burick, Senior Project Mgr & Associate 2121 Alton Parkway, Suite 210 Irvine, CA 92606 16. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 08/09/2021 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. 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. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Zak Schwank, Mayor ATTEST: By: RANDI JOHL, CITY CLERK APPROVED AS TO FORM: Mark Thomas & Company, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Darin Johnson Associate Principal + Division Manager By: Peter M. Thorson, City Attorney Consultant Mark Thomas & Company, Inc. Bo Burick, Senior Project Mgr & Associate 2121 Alton Parkway, Suite 210 Irvine, CA 92606 949-677-7348 bburick(cDmarkthomas.com City Purchasing Mgr. Initials and Date: W, 08/09/2021 fW :I1:1kr_1 SCOPE OF WORK ENGINEERING & CONSTRUCTION SUPPORT SERVICES GENERAL Mark Thomas & Company (MT) is the Engineer of Record for the Interstate 15 Congestion Relief Project, Caltrans EA 08-1 K402, PN 0820000074 (Project). The City of Temecula (City) will act as the contract administrator with overall responsibility for all coordination with contractor, construction management consultant, and Caltrans. This scope of work outlines the individual tasks required for MT to provide the following services as requested by the City: • Engineering and Construction Support Services for the duration of bidding, construction, and closeout. • Preparation of as -built plans post construction. The listed activities will be performed on a time and materials basis at the direction of the City or its delegate. A narrative of the activities performed will be included in the monthly invoices. The proposal assumes a bidding duration of (3) months, construction duration of (12) months, and closeout duration of (3) months. The following subconsultants will/may be engaged during construction activities: Earth Mechanics, Fehr&Peers, and ICF. SCOPE OF WORK The following activities will be performed as called upon by the City or its delegate: Pre -Construction Support • Participate in pre -bid and pre -construction meetings. Assist in addressing Requests for Information (RFIs) and preparation of addenda. If any items requiring interpretation of the construction documents prepared by MT are discovered during the bidding period, said items will be analyzed by MT for decision by the City as to the proper corrective procedure required. Corrective action will be in one of two forms: 1) addendum prepared by MT and issued by the City during bidding, or 2) Construction Change Order (CCO) issued after award of the construction contract. While the Project is being advertised for bids, all questions concerning intent will be referred to the City for resolution. Assist in bid review and analysis. Construction Support • Participate in progress/field meetings. Address technical questions related to the plans, specifications, and design intent. • Address Requests for Information (RFIs). Assist in reviewing submittals such as shop drawings, samples of construction material, and product data as required in the construction documents. MT's review and action shall only be for conformance with the design concept of the Project and with the information given in the construction documents. MT's review of any Contractor prepared drawings shall not relieve the Contractor from their sole responsibility for dimensions, quantities, calculations, weights, fabrication processes, construction means and methods, and coordination of trades or safety factors related to 10 08/09/2021 construction. Assist in reviewing/preparation CCOs including engineering analysis. MT's review and action shall be for conformance with the design concept of the Project and with appropriate construction specifications and details. Provide adjustments and revisions to design, based upon unanticipated and/or unknown field conditions encountered during the course of construction. Post -Construction Support • Prepare as -built plans at the conclusion of construction activities per Caltrans guidelines. Incorporate redline revisions as prepared by the Project Resident Engineer on the record set of drawings. The finalized electronic as -built record drawings will be prepared in the MicroStation format with a PDF version of the plan set. SCOPE EXCLUSIONS & ASSUMPTIONS • Right of Way Engineering services are not included. • Utility coordination services are not included. The City, or its construction management consultant, will provide contract administration and construction inspection services. • The City will continue to fulfill the role of project manager for the duration of construction and will coordinate interactions between MT and the construction management consultant. 08/09/2021 EXHIBIT B PAYMENT RATES AND SCHEDULE GENERAL The tasks described in the Scope of Work (Exhibit A) will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, and clarifications that arise as a result of bidding and constructing the project. Actual cost shall not exceed the Total Fee without prior authorization from the City. TotalFee.......................................................................................$100,000.00 12 08/09/2021 MARK THOMAS & COMPANY, INC. RATE SCHEDULE EXPIRES JUNE 30, 2024 Engineering Surveying Intern S55 - $99 Survey Technician 1-I11 S61 - S185 Technician 175 - PSI 1 ead Survey Technician S132 - 1'95 Design Engineer 1 $91 . Sl/1 Su•ey Sliwialrst 1.111 1113 - $215 Design Engineer 11 $123 S207 Asst Surveyor I III $113 3203 Sr. Technician $130 - $207 Project Surveyor 1-I11 $168 - $265 Civil Eng'neerinag Designer S'30 - 1235 ' Chief of Party 1119 - $260 Project Engineer S162 - $217 ` Instrumentperspn 1165 - 1.232 Sr. Proecl Engmcm S181 -1249 • Chalwrson 1156 - 1219 Sr. Technical tng'neer $181 - 5249 ' Apprent'te $18 - $175 Technical Lead $201 - 5296 ' 2-Person Crew 1215 - S400 Sr. Technical Lead 5243 5371 ' 3 Person Crew 5425 1500 Design Manager S327 - 5410 ' UJkly Loca,or 1141 - $225 Eogireering Manager 1340 - S396 2-person Vahty Locate 1J90 -14S0 Sr. Encpneerhx3 Manager S363 - Sal/ Urune 1250 Construction Management Project Management ✓k Oversight Office Technician 5 /1 S118 Project Manager 1201- S296 Office Engineer $123 S235 Sr Project Manager 1243 1371 Asst. Resident Endo m $178 - S328 Survey Manager h11 1222 - S321 • inspector • CM $138 - 5365 Uiviwn Manager t275 - S463 Project Conlmis/5cheouler $1/2 - $324 Pnnc pal 1440, - $535 ReWentEngineer 1233 $356 Sr. Resident Fngineer M - S397 Project Support Area Mager - CM $3A0 - $511 Technical/S• Technical Writer 568 - $200 Projcct/St. Project Assistant 578 S153 Planning ProjecuSt- Project Coordinator 5107 - 5196 Planner 1 191 - 11)7 Graphrc/Sr. Graphic Designer $113 - 1214 Planner 11 $100 - 1111S ProlKtAll Proje ; Accmrnlant 111/ - $201 Sr. Planner $123 S207 Sr. Graph c Manager 5162 1239 Project Accountant Manager S178 - 5249 Landscape Architecture/Urban Design Landscape Intern S55 • S99 District Management Landscape Designer 1 $87 - $130 ' Inspector - Apprentice $08 - 1121 1 andstape Designer II 1107 - $164 ' Inspector/Sr Inspector 1110 - $178 Landscape Architect 5123 - $221 A5sistant/Associate Sanitary Engineer S156- S235 Sr. Landscape Arch lecl 5133 $246 Sanitary/Sr. Sanitary Project Engineer S185 - S321 Opereons/Deputy Distrct Manager V53 -1385 Grant Writing District Manager -Engineer 1356 - S421 Funchng Specia ist $123 • $242 Sr. Funding Specialist $168 - S276 Spedal Services Furding Manager 5285 - $374 rxpert Witness $494 Strategic Conssrlting S494 Reimbursables induoirx3, but not limiW to, reprodudio%, rde rvery and 6 ing fees; outside consultant fees; and survey field expenses w II be blleo a1 Cost P'us 5% Mileage veil be billed per current IRS Hot. A4iAWna'luonsaw�sf srrin rasa wnkiu wmcun rate cursyn.� s tlus rc�r srl><�sdr rrprrs� h,rsr 30, cXl�4, rvlfs are sv1?,stY ro tvoiyrrn•+ arch rrrrr Aoruty rani s.hrduk• as q' hdy 7. G02•r • n.xx• ehruyr rani.+ are, sutNt" to Pfevo v to yr laws rrr+r thiura uxurur r RATS: SCnrUUt r R' i mts I Or 1 13 08/09/2021 U CERTIFICATION OF CORPORATE AUTHORITY Mark Thomas MARK THOMAS The undersigned, Matt Brogan, Secretary of Mark Thomas. (the "Company"), HEREBY CERTIFIES as follows: He is the duly elected Secretary of the Company, a California corporation. At a meeting of the Board of Directors of the Company on June 9" 2023, the following resolution was adopted: RESOLVED: That certain individuals of this corporation, acting singly, be and hereby are authorized at any time and from time to time, to enter into contracts or other binding agreements (such as NDAs) for the provision of services by the Company as follows: 1. Russel Burgess (COO) is authorized up to the amount of $500,000, or as delegated. 2. Brandon Benton (Associate, Division Manager) and Pat Sommerville (Associate, Division Manager) is authorized up to the amount of $1,500,000, or as delegated. 3. Darin Johnson (Associate Principal, Division Manager) and Ben Porter (Associate Principal, Division Manager) are authorized up to the amount of $1,500,000, or as delegated. 4. Ed Noriega (Associate Principal, Division Manager) and Jim Howells (CFO) are authorized up to the amount of $3,000,000, or as delegated. Matt Brogan (Principal, Vice President),Sasha Dansky (Principal, Vice President), Shawn O'Keefe (Principal, Vice President), and Matt Stringer (Principal, Vice President) are authorized up to the amount of $10,000,000, or as delegated. 6. Zach Siviglia (Principal, President, CEO) is authorized up to the amount of $15,000,000, or as delegated. 7. Any contract in excess of $15,000,000 is subject to the review of the Board of Directors and will be signed by Zach Siviglia (Principal, President ,CEO). According to the records of the Company in my possession as of this date, the above is a true and correct copy of said resolution, said resolution has not been amended or repealed, and is in full force and effect. DATED June 9, 2023 - 1 - Matt Brogan, Secretary Aft t he Heat of sa't Colo, '..-. Wi,10 C.:-.i r . 1-15 CONGESTION RELIEF Circulation Project Project Description: This project includes the design and construction of a single auxiliary lane, northbound Interstate 15 (1-15) connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp. Benefit: This project provides an operational improvement to relieve congestion on northbound 1-15. It represents one of several operational improvements identified by the Move 1-15 Regional Task Force to address congestion on 1-15. Core Value: Transportation Mobility and Connectivity Project Status: Project is in the design and environmental clearance phase. Department: Public Works - Account No. 210.265.999.5800.PW19-02 / 609 Level: I City of Temecula Fiscal Years 2024-28 Capital Improvement Program TEUL VALLEY Project Cost: Prior Years Actuals 2023-24 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Adjusted Budget Projected Projected Projected Projected Total Project Cost 5801-Administration 157,416 237,611 80,000 475,027 5804-Construction 6,074,443 287,000 6,361,443 5805-Construction Engineering 1,020,000 1,020,000 5802-Design & Environmental 1,240,292 161,948 1,402,240 Total Expenditures 1,397,708 7,494,002 367,000 9,258,710 Source of Funds: 4001-General Fund 1,542,267 366,443 1,908,710 4078-Reimbursement-Pechanga IGA 2,500,000 2,500,000 4438-Reimbursements 100,000 100,000 4484-SHOPP 1,250,000 1,250,000 4473-TUMF (CETAP/RCTC) 3,500,000 3,500,000 Total Funding 4,142,267 4,750,000 366,443 9,258,710 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. SHOPP - State Highway Operation and Protection Program and Minor Program 2. RCTC Agreement No. 22-73-032-00; City Agreement 2022-035 3. Reimbursement of $100,000 reflects contribution from the City of Murrieta 74 ' 1-15 CONGESTION RELIEF PROJECT ���' MCME Lead Agency: City of Temecula -� New Northbound AuxMar Lane ...w �, y .R � „ a♦ - Santiago Road Overcrossing AIN— fly._ Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 10, 2023 SUBJECT: Award Construction Contract to American Asphalt South, Inc. for the Citywide Slurry Seal Program, PW23-16 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Engineering Technician II RECOMMENDATION: That the City Council: 1. Award a construction contract to American Asphalt South, Inc. in the amount of $2,236,747.11, for the Citywide Slurry Seal Program, PW23-16; and 2. Authorize the City Manager to approve construction contract change orders not to exceed the contingency amount of $223,674.71, which is equal to 10% of the contract amount; and 3. Make a finding that the Citywide Slurry Seal Program, PW23-16 is exempt from Multiple Species Habitat Conservation Plan fees. BACKGROUND: On August 22, 2023, the City Council approved the project specifications and authorized the Department of Public Works to solicit construction bids for the Citywide Slurry Seal Program, PW23-16. The Citywide Slurry Seal Program - Fiscal Year 2023-24 is an annual project that will utilize slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. Ideally slurry seal is applied every five to seven years as it prolongs pavement life thereby delaying more costly rehabilitation measures such as asphalt concrete overlays or removal and reconstruction. Construction involves roadway preparation by removal of existing striping and pavement markings, cleaning the roadway surface and sealing cracks. This is followed by application of slurry seal and subsequent restoration of striping and pavement markings. The project consists of slurry sealing over 8,517,483 square feet of residential roadway at designated locations. As shown on the attached Project Location Maps, the slurry seal for this year will cover the Rancho Vista, Los Ranchitos, and Rancho Vista East areas. The construction contract was publicly advertised between August 31, 2023, and September 19, 2023. On Tuesday, September 19, 2023, three bids were electronically received, opened, and the results were publicly posted on the City's online bidding service, PlanetBids. The results were as follows: Contractor Bid Amount 1. American Asphalt South, Inc. $ 2,236,747.11 2. All American Asphalt $ 2,590,496.60 3. Pavement Coatings Co. $ 2,637,496.60 Staff has reviewed the bid proposals and found American Asphalt South, Inc. of Riverside, California to be the lowest responsive bidder. American Asphalt South, Inc. has successfully completed similar projects for various public agencies including the City of Temecula. The Engineer's estimate for the project was $2,276,979. The specifications allow for seventy-five working days for construction, which is approximately four 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 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. Beginning July 1, 2008, the RCA started requiring 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 five percent of construction costs. Maintenance only projects, such as this project, are exempt from MHSCP fees. FISCAL IMPACT: The Citywide Slurry Seal is included in the Fiscal Year 2023-24 Operating Budget and is funded with Measure A. To award this contract, the project budget will be supplemented with the Pavement Rehabilitation Program — Citywide project in the Capital Improvement Program (CIP) Budget. With the two fund sources, adequate funds are available for the contract amount of $2,236,747.11, plus the 10% contingency amount of $223,674.71 for a total encumbrance of $2,460,421.82. ATTACHMENTS: 1. Contract 2. Project Location Maps 3. Slurry Seal Street List CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for CITYWIDE SLURRY SEAL FISCAL YEAR 2022-23 PROJECT NO. PW23-16 THIS CONTRACT, made and entered into the 10th day of October, 2023 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and American Asphalt South, 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 CITYWIDE SLURRY SEAL FISCAL YEAR 2022-23, PROJECT NO. PW23-16, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, 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 CITYWIDE SLURRY SEAL FISCAL YEAR 2022-23, PROJECT NO. PW23-16. 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 Provisions, and Technical Specifications for CITYWIDE SLURRY SEAL FISCAL YEAR 2022-23, PROJECT NO. PW23-16. 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 the following: CITYWIDE SLURRY SEAL FISCAL YEAR 2022-23, PROJECT NO. PW23-16 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: TWO MILLION TWO HUNDRED AND THIRTY-SIX THOUSAND SEVEN HUNDRED FORTY-SEVEN DOLLARS AND ELEVEN CENTS ($2,236,747.11), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 76 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 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 96% of the value of the work* completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year CONTRACT C-2 Warranty and an Affidavit of Final Release with the City on forms provided by the City. 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. d. Payment of Interest_ Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES 1 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 $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 calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 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 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 Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. 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 CONTRACT C-3 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. 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 the 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. 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 CONTRACT C4 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. 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. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project 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. 21. ADA REQUIREMENTS CONTRACT C-5 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. 22. 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 23. 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: 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. 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. CONTRACT C-6 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 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 the City of such cancellation not less than 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 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 CONTRACT C-7 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. 24. 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. 25. 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. 26. 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. 27. 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 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 CONTRACT C-8 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: CONTRACTOR: American Asphalt South, Inc. 2990 Myers Street Riverside, CA 92503 (909)427-8276 JeffPAAmericanAsphaltSouth, corn By: Jeff Petty Print or type NAME President Print or type TITLE* By: Tim Griffin Print or type NAME Vice President Print or type TITLE* (*Signatures of two corporate officers recruired for Corporations) CITY OF TEMECULA DATED: By: Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT C-10 Alk City of Temecula - PW23 -16 Citywide Slurry Seal FY 2022-2023 _ VIA PUESTA DES 2 ' z co �� �O�BAR �O s(� - �p�RD <u �� ��S MARGAR\T �.. O 'P A O� K CT > NKER �POy TA 14.1 YUKON RpI� ; _. LONG VALLEY DR �sg\ESN �O� \r\P y �OO tt# #.t�,#t_• aI;�I E GO n+e,• RAN, Ho v? 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Visit the City of Temecula GIS online at https://temeculaca.gov/gis 0 0.1 0.2 Miles I I I I Updated 8/8/2023 Rancho Vista and Los Ranchitos Slurry Seal Street Name List - FY 2022-23 AGENA ST CRESTA VERDE CT REMORA ST ALPHA PL DEL MAR CT RENDOVA PL ARGO CT EL DOMINO PL SAN FERMIN PL ASTEROID WY EL FARO PL SAN JULIAN PL AVENIDA DE EL LUCERO PL SANTA CECILIA DR CALAZADA ELINDA RD SANTA SUZANNE PL BEL MONTE CT ESCOLACATA DR SANTIAGO RD BOREALIS DR ESTERO ST SENELA PL CABO ST FLORES DR SENELA PL CABRILLO AVE JEDEDIAH SMITH RD SKY TERRACE DR CACTUS PL JOHN WARNER RD SOUTHERN CROSS RD CAJON DR LA PAZ RD SPICA CT CALLE CARRANZA LA PRESA LOOP STAR CT CALLE DE VELARDO LA PRIMAVERA ST TIERRA ROBLES PL CALLE HALCON LAS VIOLETTAS CT TWILIGHT CT CALLE SONORA LAURIE RAE LN VALLEJO AV CALLE VIOLETA LEVANDE PL VALLEJO AVE E CAMINO DEL SOL LOLITA RD VERDADERO PL CAMPO ROJO LOMA PORTOLA DR VERDE DR CAMPO VERDE MANZANO DR VERONDA PL CANDIDA DR MARIPOSA PL VIA BRISA CAPRICE CT MILKY WAY DR VIA CANADA CARINO PL MIRA LOMA DR VIA VELEZ PL CASA CHATA PL MOONTIDE CT VILLA ALTURAS DR CENTAUR CT MOUNTAIN VIEW VILLA DEL SUR DR CIELO DE AZUL NEBULA LN VILLA TER CT CIELO MESA PALMA DR VIRGO CT COLINA VERDE PAULITA RD VISTA DEL RANCHO COLVER CT PESCADO DR WINDCREST LN CORONADO DR PIASANO PL YORBA AV CORTE VILLA PIO PICO RD COSMIC DR PORTRAITS LN Rancho Vista East Slurry Seal Street Name List - FY 2022-23 CALLE JAB ILI CORTE CORONADO CORTE SOLEDAD CALLE RESACA CORTE DEL CERRO CORTE VALENTINE CAMINO CASANA CORTE FLORECITA CORTE ZAMORA CAMINO DE LA TORRE CORTE HIGUERA ROSA CT CAMINO MAREA CORTE LA PUENTA VIA ASTURIAS CAMINO MERANO CORTE LARA VIA BALDERAMA CAMINO NUNEZ CORTE LAS CRUCES VIA REINA CAMINO SENECO CORTE MONTIA VIA TORENO CORTE AMALIA CORTE PALACIO VIA TORRES CORTE BACARRO CORTE PARADO VIA VASQUEZ CORTE BALBOA CORTE PERGAMINO VIA VISTANA CORTE CAMARA CORTE SAN VICENTE VINTAGE HILLS DR CORTE CANEL CORTE SANTA CORTE CARMELA CATALINA CORTE CHATADA CORTE SEDA Additive Alternate - Vail Ranch Slurry Seal Street Name List - FY 2022-23 AKES PASS COUNTRY GLEN WY NICLYN DR ALIGHCHI WY CRESTWOOD CIR OVERLAND TR AVENIDA BICICLETA CUPA LN PAROWN DR AVENIDA DE CUTCHOGUE DR PASCUAL CIR MISSIONS ENRIQUETA CIR POTESTAS DR AVITA CIR FERN CIR PRIS LN BANANAL WY FREESIA WY REGINA DR BOG UTA WY GAROLI PASS RHIANNON WY BRENTWOOD PL GRADO CIR ROMERO DR BRICE CIR HAFIZ PASS ROSEWOOD CIR CALLE ALFREDO HARMONY LN ROSSMAN CIR CALLE BANUELOS HISLOP WY SAMILIN CIR CALLE CANTU HUPA DR SASKIA PASS CALLE HILARIO HUPP DR SAWYERS RUN RD CALLE LANGARICA JAMIN CIR SHALE CIR CALLE LOPEZ JOHNSTON DR SHAYNNA CIR CALLE MIRA COPA JOSHEROO CT SILKY PASS CAMINO ALAMOSA KABIAN CT SOTELO DR CAMINO GONZALES KARIE WY STRIGEL CT CAMINO HERNANDEZ KIT CT SUNBEAM TR CAMINO MARACA LABETA CIR TEHACHAPI PASS CAMINO OTILIA LAURIANO DR TERRACE DR CAMINO PIEDRA ROJO LEVI CT TERZICH DR CAMINO RUBANO LINALOU RANCH RD THATCHER CT CAYENNE TR LONGFELLOW AV TIBURCIO DR CERVIN CIR LORRAINE DR TOBIAS CIR CINON DR MACHON RD TULLEY RANCH RD CORTE CANARIO MAPLEWOOD CT VALENTINO WY CORTE GANSO MARGE PL VIA RIO TEMECULA RD CORTE GUTIERREZ MARZI CT WELTON WY CORTE RODRIGUEZ MELISSA CIR CORTE SANCHEZ MILL RUN CT Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: October 10, 2023 SUBJECT: Approve Eighth Amendment to the Agreement for Consultant Services with Esgil, LLC for Plan Review Services PREPARED BY: Michelle Amezcua, Senior Management Analyst RECOMMENDATION: That the City Council approve the eighth amendment to the agreement for consultant services with Esgil, LLC, in the amount of $200,000, for a total agreement amount of $1,910,000 for plan review services. BACKGROUND: To assist with the high volume of permit applications the City processes, Building and Safety contracts outside plan review consulting services with Esgil, LLC. Plan review service include accurate code interpretation, review construction plans for applicable code disciplines, and identification areas of noncompliance, and efficient turnaround time. FISCAL IMPACT: There is no fiscal impact to the City. Plan check services are paid for through plan check fees collected and paid by the applicant. ATTACHMENTS: Eighth Amendment with Exhibits EIGHTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ESGIL, LLC PLAN REVIEW SERVICES THIS EIGHTH AMENDMENT is made and entered into as of October 10, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil, LLC a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes a. On July 1, 2018, the City and Consultant entered into that certain Agreement entitled "Agreement for Plan Review Services," in the amount of $600,000.00 b. On January 8, 2019, the City entered into a First Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the payment in the amount of $150,000.00 for a total agreement amount of $750,000.00. C. On October 17, 2019, the City and Consultant entered into a Second Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to correct the miss -stated total Agreement dollar amount indicated in Section 6.a of the First Amendment. d. On May 4, 2020, the City and Consultant entered into a Third Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the payment in the amount of $100,000.00 for a total agreement amount of $850,000.00. e. On May 10, 2021, the City and Consultant entered into a Fourth Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the payment in the amount of $360,000.00 for a total agreement amount of $1,210,000.00. f. On July 1, 2022, the City and Consultant entered into a Fifth Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the term of the agreement to July 12, 2022. g. On July 12, 2022, the City and Consultant entered into a Sixth Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the payment in the amount of $500,000.00 for a total agreement amount of $1,710,000.00 and to increase the term of the agreement to June 30, 2023. h. On July 1, 2023, the City and Consultant entered into a Seventh Amendment to that certain Agreement entitled "Agreement for Plan Review Services" to increase the term of the agreement to June 30, 2024. i. The parties now desire to increase the payment in the amount of $200,000.00 and to amend the Agreement as set forth in this Amendment. 2. This Amendment shall correct the miss -stated dollar amounts for Agreement totals indicated in Section 1.g of the Seventh Amendment. 3. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2024 unless sooner terminated pursuant to the provisions of this Agreement. 09/12/2023 4. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Eighth Amendment amount shall not exceed Two Hundred Thousand Dollars and Zero Cents ($200,000.00), for additional Plan Review Services for a total Agreement amount of One Million Nine Hundred and Ten Thousand Dollars and Zero Cents ($1,910,000.00) 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 09/12/2023 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By seehSchwank, Mayor Z 0.\� ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: ESGIL, LLC Paul Meschino, President By: , David Kniff, Assistant Secretary By: Peter M. Thorson, City Attorney CONSULTANT Esgil, LLC David Kniff 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 858 560-1468 Phone Dkniff@Esgil.com Cit urchasin n Initials te: 3 09/12/2023 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CIVIC) California Fire Code (CFC) California Residential Code (CRC) California Building En'ergy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction, lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review tum-around times shall be no more than 10-12 business days for new submittals and 5-7 business days for re -submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-mail or meeting In Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested In writing by the City including accelerated plan review on an as -needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 10 EXHIBIT B Payment Rates and Schedule COMPENSATION FOR PLAN REVIEW SERVICES The compensation paid by the City to the Consultant for each plan review shall be 60% of the "Plan Check Fee" collected by the City. The single fee includes all rechecks, plan check conferences at Consultant's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. 2. Compensation for revisions shall be calculated either the same as the percentage of plan review fee or shall be based on Consultant's current Labor Rates Schedule`. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and Consultant. 3. Compensation for work performed accelerated, extra work and meetings shall be based on the attached Consultant's Labor Rates Schedule as modified each year. ESGIL CORPORATION HOURLY RATES Supervising Structural Engineer $135.00 Structural Engineer $120.00 Civil Engineer $105.00 Electrical Engineer $105,00 Mechanical Engineer $105.00 Certified Access Specialist $105.00 I.C.C. Plans Examiner $86.00 Building Inspector $83.00 Note Labor rates are only used when requested by our clients, where a Building Plan Check Fee is not applicable. m Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 10, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Engineering Technician II RECOMMENDATION: That the City Council: 1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street), PW22-16; and 2. Make a finding that this project is exempt from California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. BACKGROUND: The Sidewalks — Old Town Improvements is an infrastructure project that constructs sidewalks and related improvements in areas of need throughout Old Town. The Department of Public Works has identified the south side of Sixth Street, from Old Town Front Street to Mercedes Street in need of street improvements. The Sidewalks - Old Town Improvements - South Side of Sixth Street (Old Town Front Street to Mercedes Street) Project will provide construction of new sidewalk along the south side of Sixth Street, rolled curb/gutter, street lighting, landscaping, and irrigation. The Project improvements are designed in accordance with the Old Town Specific Plan. Project Plans and Specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. The Engineer's Construction Estimate for the Project is $200,248.00 with a construction duration of approximately sixty (60) working days. The project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that the repair and maintenance of existing highways and streets are Class 1 activities which is exempt from CEQA. FISCAL IMPACT: The Sidewalks - Old Town Improvements is in the City's Capital Improvement Program (CIP) Fiscal Years 2024-2028 and is funded with Measure S. Adequate funds are available to cover the estimated construction costs of the Project. ATTACHMENTS: 1. Project Description 2. Project Location Map City of Temecula Fiscal Years 2024-28 Capital Improvement Program SIDEWALKS - OLD TOWN IMPROVEMENTS Infrastructure Project Project Description: This project involves adding and improving sidewalks in Old Town. The improvement areas include the south side of Sixth Street from Old Town Front Street to Mercedes Street, including adding sidewalks, rolled curb and gutter, paving, streetlights, and trees in accordance with the Old Town Specific Plan (PW22-16). Additional sidewalk improvements include the north side of Fourth Street between Old Town Front Street and Mercedes Street (PW23-03) and installing eight additional Old Town decorative streetlights on Moreno Road and Mercedes Street (PW22-17). Completed segments under this project include: > North side of Fifth Street (Old Town Front Street to Mercedes Street) > North side of Fifth Street (Old Town Front Street to Havana Kitchen) > South side of Fifth Street (Mercedes Street to Old Town Front Street) > East side of Mercedes Street (Fourth Street to Sam Hick Park) > Old Town Front Street (South Moreno Road to North Moreno Road) The City will continue evaluate locations to improve sidewalk in Old Town Temecula. Benefit: Adding sidewalk and other improvements in Old Town promotes a Healthy and Livable City and Transportation Mobility and Connectivity. Core Value: Transportation Mobility and Connectivity Project Status: PW22-16 and PW22-17 are expected to be completed in 2024. PW23-03 is expected to be complete in 2025. Department: Public Works - Account No. 210.265.999.5800.PWOT-03 / 766 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Adopted Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost 5801-Administration 346,761 30,023 88,216 99,095 564,095 5804-Construction 1,133,732 374,156 122,688 222,802 1,853,379 5805-Construction Engineering 37,179 16,572 22,039 29,922 105,711 5802-Design & Environmental 90,981 65,022 53,541 209,544 Total Expenditures 1,608,653 485,773 286,484 351,819 - 2,732,729 Source of Funds: 4140-CDBG 849,426 849,426 4110-Community Reinvestment 100,000 100,000 Program 4170-Measure A 140,000 140,000 4002-Measure S 960,000 145,000 186,484 351,819 1,643,303 Total Funding 1,949,426 145,000 286,484 351,819 - 2,732,729 Future Operating & Maintenance Costs: Total Operating Costs 151 PW22-16 - Sidewalks - Old Town Improvements - South Side of Sixth Street Improvements Between Old Town Front Street & Mercedes Street -: is — � ! ��. • -�. y I a.V ` f � N. r-, . �qj • u # 1: 1,128 8.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site is for reference only. Data layers that appear on this map may or may no 3S 1984_Web Mercator_ Auxiliary_ Sphere accurate, current, or otherwise relia -atitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATII OF TEW' U ooti ioo 1989 r� Legend City of Temecula Boundary Parcels Street Names Highways HWY d INTERCHANGE . INTERSTATE OFFRAMP ONRAMP . USHWY Hospitals Creeks ❑ Cities Streets <Null> PAVED -- PROPOSED UNPAVED Public Facilities Parks Schools Notes Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: October 10, 2023 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW19-04 PREPARED BY: Avlin Odviar, Principal Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Santa Gertrudis Creek Trail Phase II — Margarita Road Under -Crossing Project, PW 19-04. BACKGROUND: The Santa Gertrudis Creek Trail Phase II — Margarita Road Under - Crossing, PW19-04; includes the design, environmental clearance, and construction of the Santa Gertrudis Creek Trail under Margarita Road. The under -crossing will provide a continuous paved path beneath Margarita Road along the Santa Gertrudis Creek allowing users to pass under Margarita Road at this location. Project plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the office of the Director of Public Works. The Engineer's Construction Cost Estimate for the Project is $2,130,000. Construction duration is estimated to be one hundred twenty (120) working days, which is approximately six (6) months. The City Council approved the Initial Study, completed under California Environmental Quality Act (CEQA) guidelines, and adopted a Mitigated Negative Declaration (MND) on April 12, 2022. The MND includes mitigation measures to reduce potential impacts to a level of less than significant. FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II - Margarita Road Under - Crossing Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-28, and is funded with Senate Bill 1 and Measure S. There are sufficient funds in the project account to cover the estimated cost of construction. ATTACHMENTS: 1. Project Location 2. Project Description Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW19-04 w4w 'A `§e�C�`�!a�r� 7_zi � tt; l � •r r Apr ��s�� 4 ♦ x « • _ `/ [ Ft bra ! � •; ,`� b�' �1! tfj .mac.: � ,' ;' - + • . �dr �► Ln A ! . "f; " A ✓ 1: 4,514 O 2.3 0 376.17 752.3 Feet This map is a user generated static output from an Internet mapping site is for reference only. Data layers that appear on this map may or may no 3S 1984_Web Mercator_ Auxiliary_ Sphere accurate, current, or otherwise relia _atitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATI, OF TENjtG G o�ti Coo 0 'Ro 1989 �- Legend City of Temecula Boundary Parcels Street Names Highways HWY d INTERCHANGE INTERSTATE OFFRAMP ONRAMP . USHWY Creeks Cities Streets <Null> PAVED -- PROPOSED -- UNPAVED Notes f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location. Benefit: The project provides a safe pedestrian and bicycle trail connection for the community. Core Value: Transportation Mobility and Connectivity Project Status: Project is anticipated to be completed in Fiscal Year2023-24. Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I Project Cost: Prior Years Actuals 2023-24 2022-23 Proposed 2024-25 2025-26 2026-27 2027-28 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 172,512 275,488 448,000 Construction 1,631,179 819,663 2,450,842 Construction Engineering 370,000 370,000 Design & Environmental 380,596 253,368 31,350 665,314 Land Acquisition 21,500 21,500 MSHCP 81,559 81,559 Total Expenditures 553,108 2,633,094 851,013 4,037,215 Source of Funds: Measure S Senate Bill 1 553,108 1,131,094 851,013 1,502,000 2,535,215 1,502,000 Total Funding 553,108 2,633,094 851,013 - 4,037,215 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. California Transportation Commission (CTC) adopted the2019 Active Transportation Program Augmentation on January30 - 31, 2019. 148 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 10, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for Fiber Optic Communication System Upgrade Project, PW 18-05 PREPARED BY: Nick Minicilli, Senior Civil Engineer Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Accept the improvements for Fiber Optic Communication System Upgrade Project, PW 18-05, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. BACKGROUND: On September 14, 2021, the City Council awarded a construction contract to JFL Electric, Inc., in the amount of $690,340.50, and authorized the City Manager to approve construction contract change orders up to $69,034.05, for the Fiber Optic Communication System Upgrade Project, PW 18-05. The Fiber Optic Communication System Upgrade project installed fiber optic communication system upgrades including conduits, cables, closed circuit television (CCTV) cameras, traffic signal controllers, and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Various signalized intersections were improved along the Winchester Road, Rancho California, and Temecula Parkway corridors. JFL Electric, Inc. has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from March 9, 2023, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The base contract amount of the construction contract was $690,340.50, four construction contract change orders were issued totaling original and final contract amount is $97,015.88. A net reduction of $4,521.76 was realized based on a balancing of actual contract item quantities. This resulted in a total construction cost of $782,834.62. FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to JFL Electric, Inc., 8257 Compton Avenue, Los Angeles, CA 90001 to perform the following work of improvement: FIBER OPTIC COMMUNICATION SYSTEM UPGRADE Project No. PW18-05 FEDERAL PROJECT NO. HSIPL-5459(026) 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on October 10, 2023. That upon said contract the Atlantic Specialty Insurance Company was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: FIBER OPTIC COMMUNICATION SYSTEM UPGRADE Project No. PW18-05 FEDERAL PROJECT NO. HSIPL-5459(026) 6. The location of said property is: Various signalized intersections, Temecula, California. Dated at Temecula, California, this 10' day of October, 2023. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10th day of October, 2023. City of Temecula Randi Johl, City Clerk d,0 a., l - 23 0 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 800116295 MAINTENANCE BOND for FIBER OPTIC COMMUNICATION SYSTEM UPGRADE PROJECT NO. PW18-05 FEDERAL PROJECT NO. HSIPL - 5459 (026) KNOW ALL PERSONS BY THESE PRESENT THAT JFL Electric.lnc. 8257 Compton Ave.. Los Angeles, CA 90001 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) Atlantic Specialty Insurance Company, One Towne Square, Ste. 1470, Southfield, MI 48076 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Seventy -Eight Thousand Two Hundred Eighty -Three DOLLARS AND Forty -Six CENTS ($ 78,283.46 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 14th day of September , 2021 a copy of which is hereto attached and made a part hereof for the construction of FIBER OPTIC COMMUNICATION SYSTEM UPGRADE, PROJECT NO. PW18-05, FEDERAL PROJECT NO. HSIPL - 5459 (026). WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 9th day of March , 20 23 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred MAINTENANCE BOND MB-1 by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 29th day of (Seal) SURETY,Atlantic Specialty Insura ompany By: RIO 'J Shaunna Rozelle Ostrom (Name) Attorenv-in-Fact (Title) APPROVED AS TO FORM Peter M. Thorson, City Attorney ust 20 23 PRINCIPAL: JFL EKcUl",Inc. B� 1; Gi h toe v,---_ Nome) Ad i ao Loae -� (Na e) (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB_2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 08/29/2023 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer) personally appeared Shaunna Rozelle Ostrom 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. mEi_issnANNvaccaRo n COMM. #2401942 Notary Public -California 0� a'a ORANGE COUNTY a xx My Comm. Expires May 12, 202[3� Signature (Seal) Melissa Ann Vaccaro intact IN5URANCE PowPowei, of Moor ��w Bond No. 800116295 KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Arturo Ayala, Daniel Huckabay, Frank Morones, Shaunna Rozelle Ostrom, Ben Stong, Michael D Stong, Benjamin Wolfe, Chelsea Liberatore, Adrian Langrell, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of die following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January, 2023. ppAIf „ \rL'=Y {Ns�� �Qw�•�aRQar�TF��Y SEAL m- p_ By STATE OF MINNESOTA��s�?fiyy vo¢.s aa' HENNEPIN COUNTY aw P ?.•' nmw` Sarah A. Kolar, Vice President and General Counsel On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duty affixed and subscribed to the said instrument by the authority and at the direction of the Company, E ON DWANNADExpires RY PUBLIC • CommissioJanuary 31 1.1 '5rnA164h /f_ Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated 29th day of August 2023 as `P4iv IkS�'Q ••s E. m, SEAL This Power of Attorney expires 'sE lFyy pPi L' January 31, 2025 '''.�y br 'a F�d a Kara L.B. Barrow, Secretary Please direct bond verifications to yp�'ntactiRstirancecom 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 Los Angeles On September 1, 2023 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared Adrian Loera who proved to me on the basis of satisfactory evidence to be the person*whose name(-&) is/are subscribed to the within instrument and acknowledged to me that he/sbe!#hey-executed the same in his/l4ef4hei; authorized capacity(ies), and that by his/her/thetr signature(e} on the instrument the person(ee , or the entity upon behalf of which the personal 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 h d and official seal. ivoNHe Loei:w KKAna i Notary PiNc • California J K LOS Angeses county Commission 4 2361641 _� �o µy Comm. Expires Nov 4, 2025 Signature ---• (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 Los Angeles On September 1, 2023 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared Feliciano Loera who proved to me on the basis of satisfactory evidence to be the person(C4 whose names) is/afe subscribed to the within instrument and acknowledged to me that he/s4eAkey executed the same in hisAierfttr& authorized capacity(4es), and that by his/herftheit signature(s}on the instrument the person*), or the entity upon behalf of which the person{e} 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. NONNE LOERA-KHAT111 Scury PUNC • Caifformia Los Anjeles County Commission 4 2331641 my Comm. Expires Nov 4, 2025 Signatur - (Seal) A09) - A30 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for FIBER OPTIC COMMUNICATION SYSTEM UPGRADE PROJECT NO. PW18-05 FEDERAL PROJECT NO. HSIPL - 5459 (026) This is to certify that JFL Electric, Inc., (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as FIBER OPTIC COMMUNICATION SYSTEM UPGRADE, PROJECT NO. PW18-05, FEDERAL PROJECT NO. HSIPL - 5459 (026), situated in the City of Temecula, State of California, more particularly described as follows: VARIOUS SIGNALIZED INTERSECTIONS ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRA_CJaR: - Dated: Auaust 24. 2023 By:�- - -Signature Feliciano Loera President Print Name and Title CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE R-1 Item No. 12 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 26, 2023 CALL TO ORDER at 11:27 PM: President James Stewart ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Alexander. The vote reflected unanimous approval. 8. Approve Action Minutes of September 12, 2023 Recommendation: That the Board of Directors approve the action minutes of September 12, 2023. 9. Approve First Amendment with Christian Stitchery dba So Cal Impressions for Screen Printing, Embroidery, Artwork and Promotional Items Recommendation: That the Board of Directors approve the First Amendment with Christian Stitchery dba So Cal Impressions to increase payment in the amount of $225,000 for a total agreement amount of $375,000 through June 30, 2026. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 11:28 PM, the Community Services District meeting was formally adjourned to Tuesday, October 10, 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. 13 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: October 10, 2023 SUBJECT: Approve Ratification of Election Results for Tract Map Numbers 37341 and 37341- 17, within Sommers Bend, to Service Level B (Residential Street Lights) Rates and Charges (Located East of Butterfield Stage Road and North of Long Valley Wash) PREPARED BY: Ron Moreno, Assistant Director of Public Works Annie Bostre-Le, Public Works Development Manager 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, ORDERING THE ANNEXATION OF PROPERTY TO SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING BACKGROUND: At the meeting of August 22, 2023, the Board of Directors adopted Resolution No. CSD 2023-07, which called for an Election to be held among the property owners of the parcels within Tract Map Numbers 37341 through 37341-17. The purpose of this election was to establish Service Level B rates and charges for Fiscal Year 2024-25. This election was conducted by mail with a final date for acceptance of ballots to be no later than 6:00 p.m. on October 10, 2023. At 6:00 p.m. on that date, the City Clerk acting in her capacity as the City's Election Official and as the Secretary of the Board of Directors of the Temecula Community Services District declared the receipt period for receiving ballots closed. The results of the votes cast, returned within the time allowed and publicly counted, are included within the body of the proposed resolution. Staff recommends adoption of the resolution ratifying the results of this election. FISCAL IMPACT: There is no direct fiscal impact as a consequence of the ratification of the election results. ATTACHMENTS: 1. Resolution 2. Certificate of Election Results 3. Vicinity Map RESOLUTION NO. CSD 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA, ORDERING THE ANNEXATION OF PROPERTY TO SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING WHEREAS, the Board of Directors (the "Board") of the Temecula Community Services District (the "District") of the City of Temecula adopted Resolution No. CSD 2023- declaring its intention to annex certain property to Service Level B of the Temecula Community Services District, and scheduling a public hearing thereon; and WHEREAS, by Resolution No. CSD 2023- , the Board approved the report of Webb Municipal Finance, LLC, the assessment engineer (the "Report"), which contained, among other matters, the proposed assessments to be levied for Fiscal Year 2024-25 upon assessable lots and parcels; and WHEREAS, pursuant to Section 53753 of the Government Code, by Resolution No. CSD 2023- , the Board directed the Secretary of the Board to mail notice of the proposed annexation and the proposed assessments and of the time and place of the public hearing thereon to the record owner of each parcel of property identified in the Report and further directed that each such mailed notice contain an assessment ballot upon which the property owner could indicate his or her support or opposition to the proposed assessments; and WHEREAS, the Board has conducted the public hearing with respect to the annexation of the territory proposed to be annexed to Service Level B and has received a report from the Secretary of the Board regarding the tabulation of the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments advising that the ballots which were received were voted in favor of the proposed assessments and that a majority protest does not therefore exist. NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Board of Directors of the Temecula Community Services District of the City of Temecula, California as follows: Section 1. Findinus. The findings recited in the preceding paragraphs are true and correct. Section 2. Improvements. The improvements within Service Level B and which shall be provided for through the assessments levied annually on property therein, including the property which comprises the annexation of territory, shall include the following: (a) The operation and maintenance of residential street lighting; Section 3. Annexation. The property comprising the annexation of territory, annexed to Service Level B of the Temecula Community Services District. The diagram as contained in the Report is confirmed. Section 4. Lew of Assessments, Duration. The assessments proposed to be levied on the lots and parcels comprising property annexed to Service Level B, for Fiscal Year 2024-25 in the amounts set forth in the Report and in the assessment ballots mailed to and returned by the owners of the property comprising the annexation shall be and are confirmed and levied. The assessments shall be levied annually on lots and parcels comprising the annexation as long as the assessments are necessary to finance the cost of the operation and maintenance of the residential street lighting within Service Level B. Section 5. Filing with the County Auditor. The Secretary of the Board shall cause the diagram and assessments as confirmed and levied hereby to be filed with the County Auditor of the County of Riverside as required by Section 22641 of the Streets and Highways Code. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 10th day of October, 2023. James Stewart, President ATTEST: 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 loth day of October, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary 3 SERVICE LEVEL B ANNEXATION OF TERRITORY TEMECULA COMMUNITY SERVICES DISTRICT, CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the Secretary of the Temecula Community Services District Board of Directors or acting Secretary, as the case may be, hereby certify: In connection with the special mailed -ballot election called by the Board of Directors (the "Board") of the Temecula Community Services District (the "District") on this same date in the proceedings of the Board for the above -entitled Service Level, I personally received signed, dated and marked election ballots on behalf of the owners of property within the annexation of territory. Copies of the completed ballots received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballots to confirm that they were properly marked and signed, and I hereby certify that the result of that count is as follows: Support Oppose Total Ballot Count Dollar Amount Assessment Percentage Based upon the tabulation above, the votes that were cast are in favor of or against the ballot measure. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration is executed on , 2023. Randi Johl Secretary of the Board Temecula Community Services District (Attach completed copies of Ballots) IN THE CITY CIF TEMECULA, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA SHEET 4 OF 7 SHEETS �70 7RC74. WEapop 000, Oslo 3 4 1 6 7 8 fM 15 15 �k . 37360 MR 668/92-28 26 WILDRYE WAY womp woos wool mm-- TINCT MAP 7 rRx° ACT MO. NOO 37341 BEING A SUBDIVISION OF A PORTION OF LOTS 24 AND 25 OF TRACT MAP NO. 37368, AS FILED IN BOOK 468, PAGES 89 THROUGH 98, INCLUSIVE, CF MAPS, SHOWN AS PARCEL A PER LGT LINE ADJUSTMENT NO. LD 19-1393 RECORDEG FEBRUARY 20, V 2020 AS INSTRUMENT NO.2020-0076510, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TCWNSHIP 7 SOUTH, RANGE 2 WEST, SAS! BERNARDINO MERIDIAN. RICK ENGINEERING COMPANY 51 � 50 SHEET INDEX MAP 49 48 t� ° 47' P¢ 25 0 46 54 °BASIN" 7— 3.100 AC. 24 45 23 44 1 1 43 22 4 I 42 21 41 T "El 71 f- 32 33 34 4 35 � 36 37 40 38 39 ! l 7RACT E . 17RAC7 1 . Vp 20 ov so 6 ma l6aa/su-sa NOTES 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET. SURVEYOR'S NOTES AND MONUMENT NOTES. 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF BEARINGS AND VICINITY MAP. MARCH 2O19 LEGEND INDICATES BOUNDARY. - INOICATES CENTER LINE. INDICATES LOT LINE INDICATES SHEET NO. Ax- EASEMENT NOTES 1. AN EASEMENT FOR PUBLIC UTIL[TIES AND INCIDENTAL PURPOSES fN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA RECORDED DECEMBER 5, 1986 AS INSTRUMENT NO. 88-354239, O.R. CANNOT BE PLOTTED FROM RECORD- 2 A 3' PUBLIC UTILITY EASEMENT DEDICATED HEREON. 3 A PRIVATE DRAINAGE EASEMENT WITHIN LOT 53 AND LOT 54. 4. AN EASEMENT FOR PUBLIC UTILITY PURPOSES IN FAVOR OF EASTERN MUNICIPAL WATER DISTRICT RECORDED NOVEMBER 14, 2013 AS DOCUMENT NO. 2013-0539683, O.R. 5. AN EASEMENT FOR UNDERGROUND ELECTRICAL. SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS AND INCIMENTAL PURPOSES IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION RECORDED DECEMBER 4, 2019 AS INSTRUMENT NO. 2019-0499070, O.R. SCALES 1" = 80' 80 C 80 160 t PLOT DATE\ 18-MAR-2020 JN x Cm\RICK\Projects\C-RIV-G\17B83\17883 AM - Survey-Muppfng\Survey\FlnulMcp\Phasel\TractMup37341\17883AMpfmO4_lndex.dgn LEGEND INDICATES BOUNDARY. — INDICATES CENTER LINE. INDICATES LOT LINE. OINDICATES SHEET N0. �X EASEMENT NOTES 1. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN FAVOR OF GENERAL TELEPHONE COMPANY OF CALIFORNIA RECORDED DECEMBER 5, 1988 AS INSTRUMENT NO. 88-354239, O.R. CANNOT BE PLOTTED FROM RECORD.. 2 A 3' PUBLIC UTILITY EASEMENT DEDICATED HEREON. 3 A SEWER EASEMENT DEDICATED TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER PURPOSES WITHIN LOT 82 AND LOT 84. 4 AN EASEMENT DEDICATED TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER AND WATER PURPOSES. 21 Al 22 23 m 21 m IN THE CITY OF TEMECULA,COUNTY OF RIVERSIDE ,STATE OF CALIFORNIA TRACI MAP N010 3 17 BEING A PORTION OF PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT NO.LD19-1393 RECORDED FEBRUARY 20,2020 AS INSTRUMENT N0. 2020-0076510 OF OFFICIAL. RECORDS, A PORTION OF LOTS 24 AND 25 OF TRACT MAP N0. 37368, AS FILED IN BOOK 468,PAGES 89 THROUGH 96,INCLUSIVE,OF MAPS, SHOWN AS PARCEL B OF NOTICE OF LOT LINE ADJUSTMENT N0. LD21-1111 RECORDED JANUARY 6, 2022 AS INSTRUMENT N0. 2022-0008833 OF OFFICIAL RECORDS, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, LYING WITHIN SECTION 21, TOWNSHIP 7 SOUTH, RANGE 2 WEST, SAN BERNARDINO MERIDIAN. RICK ENGINEERING COMPANY JUNE 2021 SHEET INDEX MAP PARCEL A LOU LOME ADJ • NO. LD21-� t t 1i SHEET 4 OF 7 SHEETS 1. SEE SHEET NO. 2 FOR BOUNDARY CONTROL SHEET, SURVEYOR'S NOTES, MONUMENT NOTES AND RECORD DATA FOR BOUNDARY. 2. SEE SHEET NO. 3 FOR BOUNDARY MAP, BASIS OF BEARINGS AND VICINITY MAP. 19 1 18 1 17 I 16 1 15 1 14 1 13 1 12 1 11 1 10 1 9 1 8 1 7 1 6 1 5 1 4 1 3 1 2 1 1 / _` - ------_ PENSTEMON WADY_ 2 4 ,�►�► _ LOT "B" V 2 4 25 Q % v 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 1 >. f GC / Gt 63 waft... 62 61 60 59 58 57 56 55 54 53 52 51 50 49 48 47 46 45 44 1 = 1 O LOT "®11 I 3 � ' 64 65 66 67 68 69 70 TRACT NQ 37 36 8 MB 46 : g g 71 72 73 74 iLOT 83 "LANDSCAPE" L 0.641 A.C. m' 79 80 81 ' SCALE: 60 0 60i` Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Matt Peters, Assistant Director of Community Development DATE: October 10, 2023 SUBJECT: Receive and File Presentation on Community Land Trusts and Regional Housing Trusts (At the Request of Council Member Kalfus) PREPARED BY: Haide Urias, Housing Analyst RECOMMENDATION: That the City Council receive and file a presentation on Community Land Trusts and Regional Housing Trusts and provide general direction regarding the same. BACKGROUND: At the City Council meeting on August 22, 2023, Council Member Brenden Kalfus requested staff to provide information on Community Land Trusts as it relates to the provision of affordable housing. In consideration of this request, Staff reached out to Western Riverside Council of Governments (WRCOG) to research the status of its Regional Housing Trust Initiative. This staff report provides an overview and comparison of Community Land Trusts (CLT) and Regional Housing Trusts (RHT) to assist the City Council in understanding the key differences between these two housing -related initiatives. The City is committed to providing affordable housing and as a result there are currently five hundred eight -seven (587) affordable units housing low-income families, seniors, workforce individuals and families, not including the one hundred forty-two (142) units currently in building plan review and construction. The City has a certified Housing Element approved by the California Department of Housing and Community Development (HCD), which includes enough vacant land zoned appropriately to accommodate our assigned Regional Housing Needs Assessment (RHNA) number of 4,193 units. In addition to the certified Housing Element, the City adopted a Permit Ready Accessory Dwelling Unit (ADU) program to facilitate additional housing opportunities. City staff will also be bringing forth an ordinance package to implement Housing Element Programs, and a final SB9 Urban Lot Split Ordinance before the end of the year. All these programs will help contribute to the total number of affordable units, which includes workforce housing and attainable housing. Currently, the City has two projects that are similar to the Community Land Trust model. The Habitat for Humanity project will be an attainable homeownership program for low-income families and Las Haciendas is a one hundred (100) percent affordable housing apartment complex with seventy-seven (77) units available to low-income families. Habitat for Humanity Inland Valley, Inc. is a non-profit affordable housing developer that has worked with the City of Temecula to acquire land on Pujol Street in Old Town Temecula. They will build single family homes to provide families the opportunity of attainable homeownership. The homes will remain affordable for forty-five (45) years. Habitat for Humanity will be funding this project through various funding sources to ensure this homeownership development is available to low-income families long-term. Las Haciendas is a seventy-seven (77) unit affordable housing apartment complex being built by Community HousingWorks (CHW), a non-profit affordable housing developer, in Uptown Jefferson. This project is currently under construction and expected to provide housing that is attainable to the workforce community, low-income families, and individuals. Community HousingWorks worked with the City to acquire the land and received local and state funding to ensure the project remains affordable for a term of fifty-five (55) years. In both instances, the City provided land and funding to a non-profit organization for preservation of affordable housing by rent -restricting the units. The CLT and RHT concept are additional tools for City Council to consider using. This report aims to clarify the respective functions of CLT and RHT, structures, and benefits. Affordable housing is a pressing issue in our city and exploring various housing strategies is essential to ensure housing stability for all residents. CLTs and RHTs are two distinct approaches to promoting affordable housing, each with unique characteristics and purposes. Community Land Trusts (CLTs): 1. Purpose: • CLTs are 501(c)3 nonprofit organizations that acquire and hold land to develop and maintain affordable housing units for low-income individuals and families. • Their primary mission is to provide long-term affordable housing and protect the community's interests by maintaining control over the land. 2. Ownership Structure: • CLTs typically separate ownership of the land from ownership of the housing units. The CLT retains ownership of the land while allowing homeowners to own the structures. 3. Governance: • CLTs are governed by a board of directors, which often includes community members, residents, and representatives with expertise in housing and finance. * The City can not be the landowner of affordable housing and the CLT can. 4. Funding: • CLTs can access a variety of funding sources, including grants, donations, and low -interest loans, to acquire and develop affordable housing. 5. Local Focus: • CLTs primarily operate within a specific geographic area, focusing on serving the immediate community's housing needs. Regional Housing Trusts (RHTs): 1. Purpose: • RHTs are collaborative organizations that pool resources and funds from multiple municipalities and stakeholders to address housing issues at the regional level. • They aim to create a more comprehensive and coordinated approach to affordable housing. 2. Ownership Structure: • RHTs do not own land or housing units directly. Instead, they facilitate funding, policy advocacy, and coordination among member jurisdictions and organizations. 3. Governance: • RHTs are governed by a board of representatives from member cities, counties, nonprofit organizations, and other stakeholders. Decision -making often involves multiple jurisdictions. Currently, WRCOG is recommending a nonprofit/Joint Powers Agreement variation model. 4. Funding: • RHTs rely on contributions from member jurisdictions, grants, and partnerships to support regional housing initiatives. 5. Regional Focus: • RHTs address housing challenges across multiple jurisdictions, emphasizing regional collaboration to tackle affordable housing issues more comprehensively. Comparison of CLTs and RHTs: • CLTs are localized entities focused on land ownership and housing development within a specific community, while RHTs take a regional approach, addressing housing challenges across multiple jurisdictions. • CLTs typically own and manage housing units directly, while RHTs facilitate coordination and funding for affordable housing projects but do not own the housing themselves. • CLTs often emphasize community engagement and control, while RHTs emphasize regional collaboration and policy advocacy. • CLTs secure funding through a variety of sources, including grants, donations, and loans whereas RHTs rely on contributions from member jurisdictions. Conclusion: The City Council may consider both Community Land Trusts and Regional Housing Trusts as potential tools to address the City's affordable housing needs. As a member of WRCOG, staff will continue to monitor the Regional Housing Trust Initiative. Also, WRCOGs white paper on this issue identified several cities with model RHTs, including San Diego, Orange County, and Long Beach to name a few. City staff will reach out and conduct more research on this topic. The choice between these approaches will depend on the City's specific goals, and available resources. Further exploration and engagement with the Supportive Housing/Services Ad Hoc Subcommittee, consultants, WRCOG, and stakeholders are necessary to determine the viability and appropriateness of establishing a CLT and/or RHT in our city. FISCAL IMPACT: None. Receive and file information only. ATTACHMENTS: 1. Irvine Community Land Trust Background Information: About Us, How We Do It and Quick Facts 2. Western Riverside Council of Governments (WRCOG), Technical Advisory Committee Staff Report — Regional Housing Trust Initiative (September 17, 2020) including Housing Trust White Paper and Housing Trust Work Plan 10/3/23. 8:27 AM About Us — Irvine Community Land Trust Irvine c.�. �... iq i.d r.... BUILDING HOPE ONE HOME AT A TIME OUR STORY In 2005, the City of Irvine convened a housing task force to help develop a strategy addressing the affordable housing crisis in the community. It was particularly important to identify a strategy to preserve the affordability of these units over the long term. To address both production and preservation, the housing task force recommended the creation of the ICLT, a new nonprofit organization. In March 2006, the Irvine City Council unanimously approved this https://www.irvineclt.org/about-us-1 1 /5 10/3/23, 8:27 AM About Us — Irvine Community Land Trust Irvine ..�. �... iq i.d r.... created 407 units of permanently affordable housing units, currently serving low-income families and these homes will be preserved for future generations. An additional 68 units of ownership housing were added to this number with the completion of the sage Park community in 2022. In 2017, the ICLT spun off from the city as an independent sovereign entity, which will enable it to operate more effectively while maintaining public involvement through its relationship with the City. Sage Park Grand Opening https://www.irvineclt.org/about-us-1 2/5 10/3/23. 8:33 AM How We Do It — Irvine Community Land Trust dbmdbb ' Irvine Cammuni" lend I—, rKCaCKV II�IL What is a Community Land Trust A community land trust (CLT) is an independent nonprofit organization created to oversee permanently affordable housing and preserve it for future generations. Under the ICLT homeownership model, a community land trust owns the underlying land and sells the houses to individual homeowners at affordable prices. A CLT also leases land to affordable rental housing developers and restricts the rents they charge through a ground lease. https://www.irvineclt.org/how-we-do-it 1 /3 10/3/23. 8:33 AM How We Do It — Irvine Community Land Trust dbmdbb ' Irvine Cammuni" lend I—, Community land trusts have grown in popularity over the last few decades as communities embrace this effective model for creating permanently affordable housing. ICLT works with many community partners, including the City of Irvine, housing developers and nonprofits to secure land in which affordable housing can be built and maintained for generations. By entering into a 99-year, renewable ground lease with each homeowner, housing costs are kept low while giving the homeowner many of the benefits of traditional homeownership. In exchange for the benefit of a below -market rate purchase price, ICLT homeowners acknowledge that their housing investment will appreciate at a different rate than their market rate neighbors. The future sales price of the home is restricted by the resale formula that is described in the ground lease. Similarly, ICLT also works with rental developers to provide affordable rental units by restricting the rents they charge through a ground lease. https://www.irvineclt.org/how-we-do-it 2/3 10/3/23, 8:33 AM How We Do It — Irvine Community Land Trust '7 kr, ,, Iry��Lne on n rru cr Housing Irvine, and Orange County as a whole, is one of the most expensive places to live in the Nation. In 2020, the median market -rate home price is $759,100, and rent is $2,507; while the average area median income is about $89,759. For those in lower income jobs, like retail and service workers, teachers, students or young professionals just starting their career it's easy to see why cost of housing makes a difference. ICLT is also committed to helping veterans and those with disabilities and other special needs with housing that is both affordable and built to their needs. https://www.irvineclt.org/how-we-do-it 3/3 Year Opened Property City of Irvine Village Area Property Type Number of Units 2008 ICLT Condo Rentals Various Rental 9 2013 Doria Apartments Stonegate Rental 134 2015 Alegre Apartments Cypress Village Rental 104 2018 Pare Derian Apartments IBC Rental 80 Planned 2021 Salerno Apartments Cypress Village Rental 80 Planned 2022 Sage Park For -Sale Townhomes Portola Springs Ownership 68 Five Total Projects 475 Units • Irvine Community Land Trust was created by the City of Irvine in 2006. • The Irvine Community Land Trust achieves its mission through operation as a 501(c)3 nonprofit corporation. • The principal reason the City created the Trust was to assist the development of permanent affordable housing. • The City could not be the landowner of affordable housing and the Trust can. • The Trust secures and retains title to the land on which permanently affordable rental, ownership and special needs housing is constructed and maintained for the benefit of income -eligible households. e list The Trust • Manages the acquisition of property. • Ensures compliance of the ground lease to developers, home buyers, and renters. • Maintains ongoing communications with homeowners and tenants. • Invests in projects to assure a high -quality development and a spectrum of affordable housing. • Restricts rents and resale prices to ensure permanent affordability at the same area median income initially set for the project. • Sets other requirements such as occupancy and maintenance. • For rental housing, the Trust supports special needs populations: veterans, homeless and adults with developmental disabilities. • For rental housing, the Trust develops apartments for households with incomes between 30 and 80 percent of area median income. • For ownership housing, the Trust develops homes for households with incomes up to 120 percent of area median income. irvinecit.org 12/22/2020 Item 5.13 is 0Western Riverside Council of Governments et= Technical Advisory Committee Staff Report Subject: Regional Housing Trust Initiative Contact: Ivana Medina, Staff Analyst, imedina(a)wrcog.us, (951) 405-6753 Date: September 17, 2020 The purpose of this item is to provide information regarding a new Regional Housing Trust initiative and seek input from Committee members. Requested Action: Receive and file. WRCOG staff held a visioning session on June 18, 2020, to re -visit Agency goals and accomplishments and discuss new initiatives, some suggested by member agency staff, for potential WRCOG involvement. One idea that was introduced was a Regional Housing Trust. New potential ideas were screened through a filtering process by way of a series of questions, after which the Executive Committee would be able to more easily determine whether a proposed idea is, 1) already being adequately addressed and, if not, 2) should be undertaken by WRCOG or by another entity. The framework provides a baseline analysis regarding whether it is in the best interests of WRCOG's members to commit to taking on an issue. The Regional Housing Trust matter was presented to the Administration & Finance Committee on July 8, 2020, where Committee members encouraged WRCOG staff to further research and develop a conceptual work plan. The following is a summary of a white paper that was developed by WRCOG's On -Call Bench Consultant that discusses the development of a proposed regional housing trust in the WRCOG subregion. Background The State of California faces a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. These challenges have become significant issues in Western Riverside County and are compounded by the interrelated impacts on housing supply, homelessness, and economy at the local and subregional scale. Housing trusts in California have become increasingly popular in recent years as local jurisdictions and regional agencies across the state seek solutions to the statewide housing crisis. Housing trust models have existed since the 1970s and there are currently 48 local and regional housing trusts in California. Neighboring housing trusts include: • Anaheim Housing Trust — established in 2005 • Orange County Finance Trust — established in 2019 • Orange County Housing Trust — established in 2010 • San Diego Housing Trust — established in 1990 • San Gabriel Valley Regional Housing Trust — established in 2020 What are Housing Trusts? Housing trust funds (or housing trusts), often established by elected government bodies, provide a dedicated source or sources of revenue for a wide variety of housing activities. A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds available from state and federal sources, available exclusively for housing trust programs. Local and regional housing trusts in California generally share the following three characteristics: 1. Receive ongoing revenues, rather than being dependent on annual appropriations from general funds or similar sources. 2. Funds are primarily designated to support affordable housing, rather than market rate housing or other community goals — state and federal matching funds, as well as most dedicated tax revenues or fees, are exclusively available to support affordable housing. 3. Benefit from funding sources not restricted to housing activities, rather than relying exclusively on dedicated housing funds, and may benefit from the flexibility of offsetting public fund allocations with revenue captured from the private sector. Housing trusts provide a dedicated source of revenues for a variety of housing activities such as: • New construction of affordable housing • Preservation of rehabilitation of existing affordable housing • Land acquisition for development of affordable housing • Homeless housing services • Pre -development activities • Gap financing loans • Down payment assistance for developers or eligible first-time home buyers Housing Trust Administration, Programming, and Funding Of the various housing trusts reviewed, the recommended structure at this time is a nonprofit / Joint Powers Agreement variation model. This type of structure will allow maximum stability and access to more funding opportunities. The companion non-profit arm can raise funds rather than solely rely on public money. A Board of Directors, comprised of jurisdictional representatives, elected officials, and other stakeholders, would oversee the allocation of funds. Trusts are typically funded by a variety of sources. Some of the most common forms of revenue sources for housing trusts include dedicated fees (such as commercial linkage fees or housing impact fees) implemented by jurisdictions to support the development of housing, redevelopment tax increment set -aside funds, discretionary local revenues, grant and charitable contribution funds, loan repayments and commercial development loans, and state -funded local housing trust funds. Next Steps A white paper demonstrating the feasibility of a Housing Trust for this subregion has been prepared and circulated via other committees. WRCOG has met and will continue to meet with stakeholders in the region regarding the implementation of a Housing Trust and best practices. Staff is conducting further due diligence and research on funding strategies and outreach. Prior Action: None Fiscal Impact: This item is for informational purposes only; therefore, there is no fiscal impact. Attachments: Housing Trust White Paper. Housing Trust Work Plan. Item 5.B Regional Housing Trust Initiative Attachment 1 Housing Trust White Paper Housing Trust Fund Feasibility in Western Riverside County A White Paper Prepared by ® �LACEWORKS Draft August 2020 Ry" OIILSCOIC 1 Western Riverside Council of Governments Contents ExecutiveSummary....................................................................................................................................... 2 Introduction................................................................................................................................................... 6 Background.................................................................................................................................................... 6 Trust Fund Operating Structure................................................................................................................... 10 Housing Trust Funding Sources and Operating Costs.................................................................................. 12 Housing Trust Projects and Programing....................................................................................................... 15 Recommendations....................................................................................................................................... 18 Appendix A: Existing Housing Trust Profiles................................................................................................. 30 Appendix B: Housing Trust Funding Sources............................................................................................... 39 Executive Summary INTRODUCTION Housing trust funds, or housing trusts, offer a great opportunity to increase housing supply in Western Riverside County, southern California's once affordable residential outpost now on the rise as an economic hub, but with shrinking housing opportunities. There are a variety of administrative structures for housing trusts, but the most impactful is the regional model. Given the limited capacity of local jurisdictions to devote resources to trust administration, and WRCOG's well -established role in the subregion, WRCOG is both qualified to and capable of administering a regional housing trust that would address regional housing needs while minimizing duplication of resources across Western Riverside County. This Executive Summary provides an overview of housing trusts and recommendations for instituting a WRCOG- administered housing trust, which the full white paper discusses in more depth. In addition to expanding on the contents of this Summary, the White Paper includes an analysis of existing housing trusts (Appendix A), including several interviewed for this paper, which serves as the central foundation of the included recommendations. FRAMING THE ISSUE The entire state, including Western Riverside County, faces a significant housing supply and affordability crisis spurred by high land costs, rising construction costs, and limited financing options. While each of these factors has worsened over the last few decades, the most significant change may be the funding void created by lost redevelopment funds, which previously contributed between 30 and 60 percent of per -unit project costs to an affordable housing development.' These community challenges have become regional issues with compounding, interrelated impacts on housing supply, homelessness, and economies at the local and subregional scale. In Western Riverside County, housing supply has not kept pace with population growth. Instead, growth is being accommodated through increases in persons per household and overcrowding.1,3 With a much higher demand (or need) for housing units than there is supply, both home and rental prices have increased to stymie the influx of interest. Significant portions of Western Riverside County pay more than 30 percent of their gross income towards housing payments, and higher housing costs put lower income households at risk of homelessness. Without a concerted effort to expand the affordable housing supply, increasing numbers of households will become unable to afford housing in Western Riverside County as rents continue to rise. ' Washburn, A., July 19, 2020, Personal Communication. 2 Western Riverside Council of Governments Planning Directors Committee, 2019, Staff Report: Housing Workshop Discussion, http://www.wrcog.cog.ca.us/DocumentCenter/View/5437/pdc-021419-agendapacket, accessed on June 8, 2020. 3 Department of Finance data (Table E-5) indicates that the average persons per household has increased in all jurisdictions in Western Riverside County from 2010 to 2020, except in unincorporated Riverside County. Furthermore, the increase in average persons per household is greater than the overall statewide increase. Page 1 2 WHAT ARE HOUSING TRUSTS? A housing trust fund is a program or independent organization that raises funding to dedicate to housing production, preservation, and related activities. A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds available from State and federal sources, available exclusively for housing trust programs. Housing trusts have many benefits including, but not limited to, serving as a flexible source of gap financing for affordable housing, giving regions the ability to compete for otherwise restricted State funds, increasing homeownership opportunities with down -payment assistance for lower -income families, and supporting homeless assistance. Housing trusts in California have become increasingly popular in recent years as local and regional jurisdictions across the state seek solutions to the statewide housing crisis. Local and regional housing trusts in California generally share the following three characteristics: 1. They receive ongoing revenues, rather than being dependent on annual appropriations from general funds or similar sources. 2. Funds are primarily designated to support affordable housing, rather than market rate housing or other community goals —State and federal matching funds, as well as most dedicated tax revenues or fees are exclusively available to support affordable housing. 3. They benefit from funding sources not restricted to housing activities, rather than relying exclusively on dedicated housing funds, and may benefit from the flexibility of offsetting public fund allocations with revenue captured from the private sector. HOUSING TRUST ADMINISTRATION, PROGRAMMING, AND FUNDING SOURCES The organizational structure, programming, and funding sources of a housing trust are all interrelated and co-dependent. For example, the organizational structure informs what kind of funding opportunities are available to the trust fund, the funding sources impact the programming types that can be supported by the trust, and the funding sources impact the stability of the organizational structure. This is primarily due to the restrictions imposed on funding sources available. Decisions regarding each component of the trust must be considered in relation to the effect on the other two components. ADMINISTRATION OPTIONS AND RECOMMENDATIONS Housing trusts are operated by a variety of organization types and models including individual jurisdictions, a consortium of multiple local agencies, and nonprofit organizations. Each organizational structure has benefits and drawbacks, which the full white paper discusses in more depth. In general, local city- and county -administered trusts benefit from more accessible public funding and institutional government knowledge, but they operate slowly and often lack adequate staff time and resources to devote to a housing trust. Nonprofit models benefit from greater autonomy and flexibility to diversify and leverage funding sources, but they are unable to tap into public funds and some government grants. Page 1 3 Operating under either a public or nonprofit organizational structure, Joint Powers Authority (JPA)- administered housing trusts have risen in popularity in recent years due to their reliable government support, ability to pool resources, and greater flexibility to pursue and leverage funds. Trusts administered by a JPA can operate as a quasi -local governmental organization (holding equal power with other jurisdictions participating in the JPA) or as a nonprofit. While obtaining seed funding to initiate a trust can be more difficult for nonprofits, they tend to glean funds from outside resources for affordable housing more effectively in the long term. When paired in a hybrid nonprofit/JPA organizational structure, housing trusts have the flexibility and autonomy of a non- profit with the financial support and government backing of participating cities and counties. Furthermore, utilizing a JPA fosters multi -jurisdictional cooperation, which unites local jurisdictions to address regional issues such as housing, and amasses resources to reduce cost and duplication of efforts. All California -based housing trusts interviewed view JPA-administered trusts favorably. It is recommended that a WRCOG-administered housing trust be organized as a nonprofit/JPA hybrid to maximize stability and access to funding opportunities. FUNDING SOURCES AND RECOMMENDATIONS There are a variety of revenue streams for housing trusts administered by the State and federal government, local governments, and private sources. Funds available from public entities, especially at the State and federal level, are often stringent, exacting specific requirements in order for housing trust programs to qualify. Private sources, although more difficult to obtain initially, more often provide funding with fewer restrictions or requirements. Appendix B provides an analysis of a variety of public and private sources of revenue ranging from the State -administered Permanent Local Housing Allocation (PLHA) funds to commercial linkage fees to private donations. A WRCOG-administered trust should consider a variety of revenue sources. The following initial list of sources, both one-time and ongoing, have been preliminarily identified as appropriate for WRCOG to pursue to procure seed funding and establish program stability in the first five to ten years of operation: ■ State Permanent Local Housing Allocation (PLHA) program grant funds from participating member jurisdictions ■ State -matching Local Housing Trust Fund grant funds ■ National Housing Trust Fund grant funds ■ Transient Occupancy Tax revenue from participating member jurisdictions ■ Inclusionary zoning in -lieu fee revenue from participating member jurisdictions ■ Community Benefit Agreement revenue ■ Discretionary local revenue from participating member jurisdictions PROGRAMING OPTIONS AND RECOMMENDATIONS A housing trust fund must specify in its bylaws what types of projects, programs, and activities the trust will fund. Activities could include, but are not limited to, new construction of affordable housing, predevelopment activities for affordable housing development, down payment assistance for developers Page 14 or first-time homebuyers, preservation or rehabilitation of existing affordable housing, land acquisition for development of affordable housing, and establishment of housing for homeless populations. Housing trusts funnel revenue into defined programs that carry out these intended activities and greater goals. The most common program for housing trusts in California is a revolving loan fund. Some housing trust activities are more effective tools for creating affordable housing than others, depending on the resources available and local context. This report recommends that a WRCOG- administered housing trust initially prioritize short-term, low -interest loans in a revolving loan fund to maximize affordable housing development, and then expand over time to longer -term loans, Community Reinvestment Act (CRA) loans, and Community Impact Notes (CINs) as the housing trust grows in size and stability. IMPLEMENTATION it is recommended that the WRCOG-administered trust take the following steps to establish a housing trust over the course of one to two years. The final step listed below will likely take five to ten years to implement before the housing trust will have stability and funding for programming and standard operation. 1. Trust structure. Identify interested and eligible jurisdictions for participation; determine JPA structuring (amendment to existing WRCOG JPA or establishment of new JPA) depending on whether or not the trust achieves participation of WRCOG's full membership and participant jurisdictions' interests. 2. Housing issues. Identify housing needs and priorities in the WRCOG subregion; establish and implement campaign to foster public support of the housing trust. 3. Official trust formation. Enact intent to establish trust within WRCOG; develop Administrative Plan for housing trust operation; adopt new JPA or amend existing WRCOG JPA for housing trust administration; adopt resolutions to join at the jurisdiction level; form the non-profit component of the housing trust. 4. Activity start-up. Pursue revenue; transition to ongoing implementation. Page 1 5 Introduction This paper provides an introduction to housing trust funds, or housing trusts, examining trust fund organizational models, operation and administration logistics, and funding sources. This information is examined through the lens of the Western Riverside Council of Governments (WRCOG) to understand the feasibility of establishing a WRCOG-ad ministered housing trust fund and how such a fund should be to best support housing production throughout Western Riverside County. The analysis culminates with recommendations for administration and operation, revenue sources, and implementation next steps. Background HOUSING TRUST FUND INTRODUCTION A housing trust fund is a program or independent organization that raises funding to dedicate to housing production, preservation, and related activities, such as grant funding for construction or rehabilitation, infrastructure, land acquisition, or impact fees; low -interest construction, acquisition, or gap financing loans; and grants or loans that implement home weatherization programs, support transitional or emergency housing and shelters, or preserve existing multi -family housing. A housing trust can provide a mechanism for local agencies to make ongoing investments in affordable housing using both direct revenues and leveraged matching funds available from State and federal sources, available exclusively for housing trust programs. A housing trust fund is similar to a community land trust (CLT), though they serve complementary, rather than duplicative purposes. CLTs are typically structured as nonprofit organizations and can serve a variety of purposes, though they are most commonly used to preserve housing affordability and support lower - income families' ability to build wealth. As the name suggests, the CLT model is based on land acquisition and ownership, recognizing that it is the value of land, not the residential structure, that increases over time. As explained by the organization Community-Wealth.org, a CLT "acquires land and maintains ownership of it permanently. With prospective homeowners, it enters into a long-term, renewable lease instead of a traditional sale. When the homeowner sells, the family earns only a portion of the increased property value. The remainder is kept by the trust, preserving the affordability for future low- to moderate -income families"4 Locally, the newly formed Inland Empire Community Land Trust works to support the affordability of both for -sale and rental housing.' As noted above and described in more detail in the following sections, a housing trust, by contrast, primarily serves to meet the gap funding needs of ' Community-Wealth.org, 2020. https://community-wealth.org/strategies/panel/clts/index.html ' Inland Empire Community Land Trust, 2020. https://www.iecIt.org/about Page 1 6 affordable housing. A housing trust fund and CLT could theoretically work collaboratively to acquire the land and develop affordable housing. BENEFITS OF HOUSING TRUSTS Housing trusts offer general benefits to communities by providing safe affordable homes for all income levels, including extremely low- or no -income households. They ensure long-term investment in affordable housing; address homelessness, gentrification, and displacement; and advancing transit - oriented development. The following benefits are particularly applicable in the context of the WRCOG subregion: ■ Flexible source of gap financing. A revolving loan fund, as a function of a housing trust, provides access to a flexible source of capital that can be used in combination with traditional sources of revenue to fund affordable housing development. Gap funds provided through a revolving loan fund serve as a bridge between the amount a borrower can obtain to finance housing development in the private sector and the remaining dollars needed to initiate construction. ■ Ability to compete for State funds. The State makes funds available to housing trusts in California annually with specific requirements for eligible applicants. Operation of a housing trust would expand the subregion's access to State housing funds to include revenue streams otherwise unavailable, such as Local Housing Trust Fund (LHTF) funds. - Homeless assistance. Housing trust funds are flexible resources for homelessness assistance, allowing and fostering distinct programs targeted to one or more aspects of homelessness. Housing trust funds can devote portions of their revenue to augment existing emergency and transitional homeless programs, assist supportive service organizations, or create new homeless housing or support services. Homelessness is often a product of housing shortages when extremely low-income households are forced out of the housing market when the demand for housing exceeds the supply, driving up housing prices and the cost of rents. Housing trust funds can help to expand the housing market with both affordable housing for people at risk of homelessness, and market rate housing to lessen the housing shortage and housing price inflation rates. HISTORY OF HOUSING TRUSTS IN US AND CALIFORNIA The first housing trust funds in the Unites States were implemented in Maryland and California during the 1970's. They proved to be effective models for permanent affordable housing revenue streams, and the concept soon spread to other states. Virtually every state in the U.S. now has local and /or State housing trust funds. A few states have created more than one State housing trust fund, including Connecticut, Illinois, Massachusetts, Nebraska, Oregon, and Washington. The Federal Government established the National Housing Trust Fund (NHTF), administered by the U.S. Department of Housing and Urban Development (HUD), in 2008 and began implementing the program in 2016, distributing $174 million through funding solicitations, generally administered by states. In 2016 approximately $10.1 million of NHTF funds were allocated to California. Within the state, NHTF funding is further distributed by the California Department of Housing and Community Development (HCD). Page 1 7 Housing trusts in California have become increasingly popular in recent years as local and regional jurisdictions across the state seek solutions to the statewide housing crisis. California has passed legislation encouraging and/or enabling local jurisdictions to dedicate public funds to affordable housing. However, California is one of four states that have created housing trust funds legislatively but do not currently have public revenues committed to the funds. As of 2016, 45 local and regional housing trusts in California generally share the following three conditions: 4. They receive ongoing revenues, rather than being dependent on annual appropriations from general funds or similar sources. 5. Funds are primarily designated to support affordable housing, rather than market rate housing or other community goals —State and federal matching funds, as well as most dedicated tax revenues or fees are exclusively available to support affordable housing. 6. They benefit from funding sources not restricted to housing activities, such as those that could otherwise be devoted to other community goals (e.g. environmental conservation, economic development, or transportation), rather than relying exclusively on dedicated housing funds, and may benefit from the flexibility of offsetting public fund allocations with revenue captured from the private sector. HOUSING TRUST APPLICABILITY TO WRCOG The entire state, including Western Riverside County, faces a significant housing supply and affordability crisis spurred high land costs, rising construction costs, and limited financing options. While each of these factors has worsened over the last few decades, the most significant change may be the funding void created by lost redevelopment funds, which previously contributed between 30 and 60 percent of per - unit project costs to an affordable housing development.6 Major housing challenges in the WRCOG subregion include: Housing supply shortage: The housing supply has not kept up with population growth. Between 2014 and 2018, 20,626 new housing units were constructed while the population grew by 122,737, indicating that population growth is being accommodated through increases in persons per household.',S Older generations are living and staying healthier longer and therefore are choosing to stay in their homes. Paired with increasing demands from the Millennial generation seeking housing, homes are in higher demand than they have ever been before. High housing prices: With a much smaller housing supply than the market demands, both home and rental prices have increased to stymie the influx of interest. Inflation -adjusted median household income has decreased between 2012 and 2016 in Riverside County, and significant portions of Western Riverside County pay more than 30 percent of their gross income towards housing payments. Up to 62 percent of renters and up to 40 percent of homeowners in some 6 Washburn, A., July 19, 2020, Personal Communication. Western Riverside Council of Governments Planning Directors Committee, 2019, Staff Report: Housing Workshop Discussion, http://www.wrcog.cog.ca.us/DocumentCenter/View/5437/pdc-021419-agendapacket, accessed on June 8, 2020. 8 Department of Finance data (Table E-5) indicates that the average persons per household has increased in all jurisdictions in Western Riverside County from 2010 to 2020, except in unincorporated Riverside County. Furthermore, the increase in average persons per household is greater than the overall statewide increase. Page 1 8 communities overpay for housing, meaning it can be far more difficult for renters to save for a down payment on a home.' Low rate of new affordable housing construction: At the end of 2019, Western Riverside County jurisdictions had constructed less than four percent of very low-income units and low-income units allocated in the 51" RHNA cycle.' Depending on the type of housing (e.g. senior, family, or veteran), affordable housing developments in the region typically require between 10 and 20 percent of funding to come from local sources.' Despite growing need, a lack a funding sources has inhibited the development of much needed affordable housing in Western Riverside County. A housing trust offers a creative solution to begin to address the funding limitations that stifle the development of affordable housing in the WRCOG subregion and leverages WRCOG's unique strengths as a convener adept at facilitating collaboration. WRCOG's 2019-2020 Legislative Platform, which includes a specially designated Housing Priority Area, further supports the COG's administration of a regional housing trust. WRCOG's housing priorities include establishing a funding program to fill the void created by the elimination of redevelopment housing set - asides, which directly supports creation of a housing trust fund. In addition to this priority, WRCOG also supports the housing priorities listed below. Activities to be funded under a WRCOG-administered housing trust fund should be focused on these housing priorities: ■ Expedite the development of market -rate and affordable housing. ■ Collaboration between the building industry, regulators, non -profits, and other parties to develop housing. ■ Obtain funding to reduce homelessness, expand the availability of permanent supportive and transitional housing, support existing efforts pioneered by the Regional Homeless Alliance (RHA) for Temecula, Lake Elsinore, Wildomar, Murrieta, and Menifee, and facilitate coordinated re-entry services to assist individuals and families experiencing homelessness. ■ Streamline CEQA requirements for projects listed in State -compliant Housing Elements. ■ Institute an equitable geographic distribution of state funding for the development of programs that would improve the subregion. ■ Incentivize training for skilled and unskilled trades that work in the construction industry to reduce the cost of housing. Additionally, while WRCOG prioritizes housing concerns in the subregion, the agency must balance those needs with other issues of importance to member jurisdictions and the public. Other Legislative Platform issues relevant to a housing trust fund are discussed below, organized by platform area: Economic Development. WRCOG supports legislation that facilitates collaboration between local government, education, and business. This reinforces support for a housing trust, which would facilitate collaboration across sectors depending upon dedicated revenue sources. WRCOG also supports maintenance and/or allocation of grant funding for coordinated local and regional economic development efforts, which would include a housing trust fund. ■ Transportation. WRCOG currently serves as the program administrator for the Transportation Uniform Mitigation Fee (TUMF), a regional fee program designed to provide transportation Page 1 9 infrastructure mitigating the impact of new growth in Western Riverside County. The potential housing trust could be established and administered in a process similar to TUMF. Regional support for this program indicates potential support for a regional housing trust. ■ Water. WRCOG's member jurisdictions dedicated voter -approved property tax revenue to providing vital water and wastewater infrastructure in the subregion. This demonstrates existing public support for property tax allocations, similar to what would be needed to fund a housing trust. WRCOG is organized as a Joint Powers Authority (JPA), that represents local governments to provide cooperative planning, coordination, and technical support on issues not constrained by political boundaries. As the subregional population continues to grow, community challenges become regional challenges that have compounding, interrelated impacts. WRCOG focuses on regional matters important to future growth, including housing, with duties that complement rather than duplicate jurisdictional activities. Due to its role as a regional council, WRCOG is advisory in nature and lacks traditional government powers of taxation, regulation, or decision implementation. WRCOG currently works through its committee structure and amassed resources to reduce duplication of efforts, which could include establishment of a regional housing trust fund. WRCOG's reliance upon member jurisdictions to follow through on decisions would require that member jurisdictions take individual action to participate in a regional housing trust administered by WRCOG. WRCOG's JPA explicitly permits the agency to apply for grants under federal, State, or local programs, which could include application for grants in representation of the housing trust. To establish a housing trust fund, WRCOG would modify its joint powers agreement to explicitly permit administration of the trust, with specified limitations for participating cities and the county within Western Riverside County. Other requirements, including funding prerequisites, and WRCOG-specific recommendations are discussed in the following sections. Trust Fund Operating Structure ORGANIZATIONAL STRUCTURE Housing trusts are operated by a variety of organization types and models including individual jurisdictions, a consortium of multiple local agencies, and nonprofit organizations. These organizations often apply for grant funding to augment funds or to provide start-up resources. Some of the largest and most viable revenue sources in California have relatively strict eligibility requirements, typically restricting funding availability to cities, counties, or tribal governments and/or 501(c)(3) nonprofit organizations. Organizational models with the ability to attract the primary funding sources appropriate for a governmental agency, such as WRCOG or its member jurisdictions, to operate are examined below. Page 1 10 LOCAL CITIES AND COUNTIES Local cities applying for funding would be considered a Local Housing Trust, whereas a county or consortium of multiple cities would be considered a Regional Housing Trust. Local cities and counties are eligible for State and federal funding that may not be accessible to other types of agencies or organizations. However, most cities have limited staff, time, and funding to administer a housing trust. In practice, many housing trusts administered by local governments obtain one source of funding and place it into a revolving loan fund. The stagnant revolving loan fund recycles money over time and does not continually expand its resources. However, cities and counties have the beneficial foundation of an established reputation and network of resources to initiate conversations about housing needs and to obtain funding. In addition, elected officials often trust city staff as the in-house experts on planning and housing -related issues. Less inhibited access to elected officials and an established relationship of trust may spur \ initial support for a housing trust from elected decision makers, helping get the trust off the ground. LOCAL JURISDICTION-JPA VARIATION Local cities and counties can also enter into a joint power agreement to cooperatively provide funding for affordable housing in a greater region. Housing trusts operating as a Joint Powers Authority (JPA) receive reliable government support, often through membership requirements and dues established in the JPA's bylaws, are able to issue bonds without a credit rating, and benefit from coordination among jurisdictions. JPA's have many of the same powers as the JPA's member jurisdictions, though they do not have the authority of eminent domain or the ability to issue bonds without a credit rating. WRCOG could operate as an equal member under this agreement, and WRCOG's current experience operating as a JPA would translate smoothly into administration of a housing trust with this JPA variation. JPAs are not eligible to receive State matching funds, so funding resources are limited under this model. NONPROFIT Nonprofit organizations may have greater difficulties obtaining seed funding to initiate a housing trust fund due to fewer available federal or State grants with applicant restrictions and no prior resume of affordable housing development upon initiation. However, non -profits have greater autonomy to pursue private industry money, bank investments, and collaborations with multiple local and regional jurisdictions, effectively diversifying and creatively leveraging funding sources to increase community dollars funneled to affordable housing. Nonprofits have the flexibility to serve as a financial intermediary and can be approved to operate as a Community Development Financial Institution (CDFI), enabling them to issue CINs and further diversify their sources of revenue. In addition, employing a combination of sources to fund the housing trust diversifies income sources, ensuring the trust is fiscally stable in the long-term. As they grow and become more successful over time, nonprofit housing trust models tend to more effectively bring in larger donations from outside resources and leverage those funds more effectively towards affordable housing development. NONPROFIT-JPA VARIATION Non-profit housing trusts have the flexibility to form a JPA. As discussed in a previous section, a housing trust acting as a JPA is largely given the same powers as the JPA's member jurisdictions. San Mateo's HEART is structured as a JPA/nonprofit partner housing trust, in which HEART holds equal power as the County and cities in the trust. Under their JPA agreement, cities and the County are required to contribute Page 1 11 a portion of their general fund appropriations to HEART annually. The portion is based on the jurisdiction's population, the number of jobs in the jurisdiction, and the projected rate of growth. A JPA cannot act as a CDFI, thereby constraining its ability to capture revenue through CINs. JPA/nonprofit housing trusts have the option of forming a subsidiary to be eligible as a CDFI. In addition, JPAs on their own are not eligible for State matching funds, but a JPA/nonprofit can apply for those funds. Operation as a JPA/nonprofit, rather than a consortium of local jurisdictions/JPA, further increases the housing trust's flexibility to pursue and creatively source new funds. San Mateo's HEART is one of the few JPA/nonprofit partner housing trusts in the West, but their model has successfully received funds from a diverse array of sources. ORGANIZATIONAL OVERSIGHT When operating outside of an individual city's or county's purview, housing trust funds have an advisory body, or board of directors. This board can provide the housing trust fund with a broad range of expertise and provide a way to maintain a connection with the communities served and their needs. Virtually all boards of directors have some responsibility for developing or advising on the policies that govern the fund. In some cases, the board helps recommend applicants for funding. The board of directors can also help buffer the housing trust fund process from politics when controversial decisions —such as constructing new high -density multifamily projects in established single-family neighborhoods — are made. Representation on the board of directors can range from interagency coordinating bodies, with staff from different agencies, to a broad membership of housing advocates, low- income individuals, service providers, bankers, realtors, apartment owners, developers, and others. Not all participating jurisdictions need representation on the board either. In the VCHT, for example, only five seats of the 12 participating jurisdictions are reserved for government representation. Regardless of affiliation, members in the board of directors should all have experience with low-income housing. While the voices that comprise the board of directors should be varied and diverse, they should be condensed into a relatively small group. Communication and collaboration across large boards of directors can become complex, bureaucratic, and arduous. Boards are best kept relatively small to allow representation without compromising the operational efficiency of oversight. Housing Trust Funding Sources and Operating Costs FUNDING SOURCES Some of the most common forms of revenue sources for housing trusts in California include dedicated fees (such as commercial linkage fees or housing impact fees) implemented by jurisdictions to support the development of housing, redevelopment tax increment set -aside funds, discretionary local revenues, grant and charitable contribution funds, loan repayments and commercial development loans, and State - Page 1 12 funded local housing trust funds. Common housing trust fund revenue source types and examples of each are listed below: ■ State and federal grants, such as the California Permanent Local Housing Allocation and National Housing Trust Fund Program ■ Bonds, such as general obligation and revenue bonds ■ Tax increment funds and taxes, such as real estate tax increments, real estate transfer taxes, and transient occupancy taxes ■ Fees, such as development impact, commercial linkage, document recording, business license, and inclusionary zoning in -lieu fees ■ Revolving loan funds, which are revenue replenishing programs housing trusts can administer ■ Private sources, such as donations and community benefit agreements Trusts should have diversified revenue sources that include dedicated funds, such as inclusionary housing program fees or a portion of a transient occupancy tax (TOT), so that the trust does not have to compete with other priorities during annual budget reviews of local governments or charitable organizations, allowing the trust to plan for long-term housing investments and minimize funding uncertainty. Appendix B includes a description and additional information on a variety of housing trust funding mechanisms. HOUSING TRUST FUND OPERATING COSTS TRUST ESTABLISHMENT COSTS Many successful housing trust administrators report that the majority of housing trust start-up investments funded administrative costs. The County of Ventura Housing Trust Fund (CVHTF), for example, reported that approximately 90 percent of funds were allocated to administrative costs in its first few years of operation, prior to rolling out any programming. This is because housing trust start-ups often require significant personnel time to set up collection systems; layer seed funding; and solicit public, non- profit, and private agencies for seed funding. Over time, CVHTF's administrative costs have decreased overall and revenues have increased. In 2019, administrative costs accounted for 77 percent of CVHTF's expenses, or 51 percent of all annual income received. Start-up time frames for other housing trusts are discussed in Appendix A. For San Mateo's HEART, the County of San Mateo provided seed grant money from its General Fund. During the first few years of operation, over 85 percent of funds were allocated to administrative costs, primarily for general trust management and set-up. Most of the grant funding and private contributions in the subsequent few years went towards start-up costs. In 2015, the Chico -based North Valley Housing Trust (NVHT) received a three-year commitment of $40,000 per year as start-up funds from the City of Chico. This year, NVHT was able to leverage local contributions with matching funds from locally - contributed PLHA funds, State matching funds, and several grants to initiate NVHT's revolving loan fund. NVHT no longer receives funds from the City of Chico and all matching fund sources since their start-up Page 1 13 have changed. This evolution of funding sources is common for housing trusts given ongoing changes to eligibility requirements and depletion of available grants. ONGOING ADMINISTRATIVE COSTS The organization authorized to administer a housing trust fund on behalf of a local jurisdiction must be clearly designated in an ordinance or resolution and identified in the trust's administrative guidelines. Administration includes holding, investing, and managing the fund account, with administrative costs typically covered by a percentage of the fees collected for the fund itself. Most regional and local jurisdictions cap administrative costs at 10 percent of the fund to maximize the creation of housing. Other external sources of administrative funding could include other public agency programs, interest earned by the fund, or fees charged for applications or other services provided by the trust fund. A 2011 study performed by the Washington State Department of Commerce, titled the "Affordable Housing Cost Study;' found that developing housing trust fund -expertise with in-house staff, as opposed to contracting with various outside parties for different housing trust activities, allows for more informed analysis of proposed and ongoing housing activities. Experienced staff insights into potential risks and opportunities that could alter costs incurred from trust fund activities help reduce uncertainty and minimize unnecessary expenditures. Consolidating resources to employ in-house trust fund staff effectively minimizes administration and project -level costs. For a WRCOG administered housing trust, participating member jurisdictions would cede control of their revenue sources to WRCOG. EXISTING HOUSING TRUST ADMINISTRATIVE STAFFING MODELS With 1.5 full-time staff members, Ventura County's CVHTF provides a good model for a relatively small trust. Since receipt of seed funding in 2006, CVHTF took about seven years to raise enough funding through the 2008 Housing Recession to initiate a revolving loan fund in 2013. As of 2019, operating/personnel costs account for 77 percent of their yearly expenses of approximately $298,000. The remaining expenses cover costs of loan servicing, developing a new housing land trust, fundraising efforts, and overseeing the loan program. In comparison, the Chico -based NVHT was founded in 2015 and has only one employee working 0.75 time. This trust is relatively small due to its rural location in Butte County where there are very few large corporations, limiting access to the types of corporate donations that are more readily available in cities and economic hubs. NVHT is currently only making its second loan, with about $40,000 in annual administrative costs comprising 8 percent of the organization's annual operating budget of $500,000. The funds used for housing programs are separate from the operating budget and are expected to reach $2 million through grants and State matching funds this year. These funds are separated because some grants and donations restrict eligible activities. San Mateo's HEART has two full-time staff and an annual operating budget of about $500,000. HEART has avoided increasing staff to keep operating costs low and preserve the low interest rates of its loans, keeping them competitive. Loan underwriting and bookkeeping are both performed several times per year by consultants because HEART has found that intermittent contracting, rather than hiring more in- house staff, has reduced operating costs. HEART also partners with the County to receive legal services and occasional help with underwriting. Page 1 14 ADMINISTRATIVE COST MINIMIZATION STRATEGIES Compared to local trusts, regional housing trusts are better able to minimize costs by capturing economies of scale through consolidated administrative and operations expenses. WRCOG has extensive practice in fostering cost savings through collaborative planning. Existing housing trust fund administrators interviewed for this paper recommended such consolidation to minimize resource expenditure, capitalize on shared information, and better leverage funds for housing throughout the region. In addition, existing trust administrators cite the benefits of relieving local governments of the administration and management of some affordable housing work, which has been difficult to manage internally since the dissolution of redevelopment agencies in 2012. Other housing trusts reduce costs by sharing office space with other agencies or operating within larger agencies to minimize overhead. Existing trusts also reported retaining services, such as bookkeeping and website creation, at low or no cost through partnerships with participating local jurisdictions or regional public agencies. Small non -profits recommend forgoing annual fundraising events, which are common sources of revenue for more established trusts, due to the large energy and time demands. These trusts reported that directly asking potential donors for money without hosting an event has been an effective alternative fund raiser without the added cost. Housing Trust Projects and Programing HOUSING TRUST ACTIVITY TYPES A housing trust fund must specify what types of projects and programs (which may be restricted by funding sources) will be funded by the trust in its Administrative Plan. The following types of activities are common among housing trusts and could be appropriate in the WRCOG subregion. Specific housing trust programs to fulfill these activities are discussed in the following section. ■ New construction of affordable housing. Housing trusts may provide funding for the development of affordable housing, including affordable housing for households with disabled and/ or elderly members, restricted to long-term or indefinite affordability terms. This is often administered through a revolving loan fund, discussed in the Housing Trust Programs section below. ■ Preservation or rehabilitation of existing affordable housing. Housing trust funds can support the preservation or rehabilitation of existing multi -family housing and single-family housing, which is often a lower -cost alternative to new construction. Preservation and rehabilitation of existing affordable housing units reduces displacement of low-income residents, thereby preserving existing low-income neighborhoods. Land acquisition for development of affordable housing. Housing trusts can also provide financing for the acquisition of available, buildable land. High land prices can be a significant barrier to housing development in California and relieving affordable housing developers of this steep cost burden can help bridge this crucial gap. Page 1 15 • Establishment of transitional, supportive, or permanent homeless housing. Funds from housing trusts can be used for the development and ongoing operation of transitional, supportive, and permanent housing and accompanying supportive services for individuals experiencing homelessness both acutely and chronically. Housing trusts may offer funds to build the capacity of local non -profits to help maintain or grow their in-house supportive services for homeless individuals and families. Funds could also be directed towards local governments' homeless programs, augmenting existing services or addressing unmet needs of the homeless population. ■ Predevelopment activities. Housing trusts may consider providing cash flow to affordable housing developers, often through low -interest loans, to fund predevelopment costs. These costs can include preliminary land surveys, architectural designs, permitting costs including associated infrastructure or development impact fees, financing fees, and other up -front cost barriers to affordable housing development. ■ Down payment assistance for developers or eligible, first-time homebuyers. Housing trust funds can provide down payment assistance for both developers and first-time homebuyers. Low - interest down payment assistance to affordable housing developers can help reduce the debt incurred by the development, and make the initial planning work for affordable housing financially viable. For first time homebuyers, down payment assistance provided through small loans can help moderate income families become homeowners when they lack the resources to obtain mortgage financing through traditional bank loans. HOUSING TRUST PROGRAMS A housing trust can carry out its goals and intended activities through a variety of programs. Some programs that might be effective in other states may not be feasible in California given existing State law, so this paper focuses on viable and popular options in California. The most common program for California housing trusts, discussed below, is a revolving loan fund, which can include a first-time homebuyer component. Less common approaches include: forming a housing land trust, or issuing low - risk, low -return loans from private organizations via community impact notes (CINs), which serve as the intermediary for affordable housing developers to receive low -rate development loans from banks under the Community Reinvestment Act (CRA). These programs are discussed in further detail below. REVOLVING LOAN FUND Existing housing trusts report that low -interest construction loans and gap financing, or "bridge", loans are the most feasible options for establishing a revolving loan fund due to their shorter term limits and smaller lending needs compared to acquisition or predevelopment loans. In contrast, acquisition and predevelopment loans inherently carry more risk, so housing trust revolving loan funds should avoid these until developing greater lending capabilities after years of growth. To minimize risk, successful housing trust administrators also recommend only working with experienced affordable housing developers because of the complex structure of fund layering to break even on affordable housing development. Considerable seed funding is needed to establish a revolving loan fund and, due to various regulations and restrictions, not all funding sources can be used for revolving loan funds. Page 1 16 First -Time Homebuyer Revolving Loan Funds Revolving loan funds can be structured as first-time homebuyer programs, which can be effective in communities with higher rates of homeownership units and single-family units. However, some housing trust administrators note that the long terms on these loans can be draining to any revolving loan fund and do not provide housing opportunities for as many people as other types of revolving loan funds. COMMUNITY REINVESTMENT ACT LOANS The Community Reinvestment Act (CRA) was created to encourage deposit institutions (including most banks but excluding credit unions) to extend credit to low-income communities, by requiring investment in specified community development activities, which includes support of affordable housing development in the community. Instead of specifying criteria for evaluating the performance of financial institutions, the law directs that the evaluation process should accommodate the situation and context of each individual institution. While there are no minimum or maximum requirements for funding, banks are required to commit dollars to the community through eligible activities. Qualifying banks can receive CRA credit by supporting "CRA qualified" community development activities including loans to borrowers for affordable housing rehabilitation and construction or investments directly to housing trusts. The CRA establishes the level of community development activity investment required for banks based on size (small, intermediate, and large). Small local branches have limited budgets and typically make nominal contributions to community activities. Larger investment dollars in community development, which would better benefit a housing trust, generally originate from the bank's corporate office or regional headquarters. Some banks are not actively aware of CRA requirements or the scope of investment opportunities available to them, such as investment in affordable housing. Advocating for the CRA to meet local needs in recent years has resulted in more than $50 billion newly invested into California communities. Agreements negotiated with communities and community members can result in commitments of between 10 and 20 percent of California deposits to be reinvested in local communities. In Western Riverside County, WRCOG could collaborate with jurisdictions, especially those with larger minority populations and low-income communities, to advocate for commercial development loans or support for affordable housing from banks operating locally. Banks will not lend to inexperienced housing trusts, so CRA funding is not a viable seed funding option. New housing trusts must first gain experience administering a housing trust fund to develop a record of success before being considered for CRA funding. Additionally, CRA funds are not eligible for State matching funds, so these would be obtained without intention of additional leveraging from the State. However, these funds are an effective strategy to harness revenue from other economic sectors to address the housing crisis, which existing housing trust administrators recognize is an important strategy to addressing the housing crisis. COMMUNITY IMPACT NOTES A promissory note is a written promise to pay another party a definite sum of money by a specified future date with no secured collateral. The promissory note investor purchases the note as a secured debt to become a lender under specified terms for the note's principal, interest rate, and maturity date. These types of loans are neither government -insured nor guaranteed. A non-profit can issue promissory notes, or Community Impact Notes (CINs) in the context of a housing trust. The non-profit housing trust must be Page 1 17 certified as a Community Development Financial Institution (CDFI) by the US Department of Treasury CDFI Fund for administration of loans to private entities.' The housing trust's ability to repay the CINs would be dependent upon the economic success of its lending activities. The trust can use the proceeds of CINs to fund housing development. Housing trusts can establish a CIN template to give private companies or agencies the ability to invest in the trust's loan fund. CIN loan funds often have a fixed return but are attractive to some investors because they provide an opportunity to be part of a workforce housing solution. Terms for CIN programs vary, but often range from 1 to 10 years with no fees. The SVHT acts as the issuer of CINs to fund its activities; these CINs have maturity rates at 5 years or 10 years, with 1.5 percent and 2.0 percent interest rates, respectively. Like any loan, there are risks and uncertainties associated with lending. LAND ACQUISITION FOR HOUSING LAND TRUST Obtaining land to be held in a perpetual trust ensures readily available for low-income and/or supportive housing development. Housing prices in the region are high, in part, due to the high cost of land. Factoring out the cost of land through public land acquisition would make homes more affordable and attainable for residents of Western Riverside County, including those looking to move to the region for employment. The trust would work with local jurisdictions, school districts, and transit agencies to identify their vacant, underutilized lots for donation to the trust. This trust could also accept monetary and land donations from private sources. Monetary donations would go towards the trust's acquisition of land for affordable housing. Recommendations Establish a WRCOG-Administered Regional Housing Trust A housing trust has the potential to significantly enhance Western Riverside County's housing landscape. A trust would be most effective structured as a regional body to avoid unnecessary strain on the limited resources of local jurisdictions while leveraging the subregion's collaborative strengths. WRCOG is well - positioned to administer the regional housing trust on behalf of interested jurisdictions in Western Riverside County. WRCOG's existing staffing infrastructure is skilled in all requisite administrative areas including executive leadership, financial accounting, and administration. The agency has operated as a regional body governed by a joint powers agreement for 28 years and has a track record of achieving meaningful results. And WRCOG has a wealth of experience administering similarly structured and independent programs, such as the Transportation Uniform Mitigation Fee (TUMF) Program, the Riverside County Habitat Conservation Agency (RCHCA), and Western Community Energy. The following recommendations are intended to guide establishment of a WRCOG-administered housing trust fund using best practices identified for meeting the WRCOG subregion's housing financing needs. 9 Housing Trust Silicon Valley, 2017, Community Impact Notes Offering Memorandum, https:Hhousingtrustsiliconvalle.app.box.com/s/ccjdb8gg390alolpdziinOixlivOxnj3, accessed April 3, 2020. Page 1 18 ADMINISTRATION AND OPERATION ORGANIZATIONAL MODEL Establishing a regional housing trust as a dual JPA/nonprofit will provide WRCOG and member jurisdictions with the greatest opportunity to achieve economies of scale and access to the widest variety of revenue streams possible. By simultaneously acting as a non-profit and a JPA, the housing trust fund would maximize flexibility to obtain and leverage funds, with access to sources available to both nonprofit and JPA models, including State matching funds. Nonprofits tend to be more flexible in how they can operate and what funding sources they can accept from donors, especially in the private sector. A nonprofit entity will diversify and more creatively leverage funding sources across jurisdictions, bringing introducing funding streams into the trust than could public operation alone. JPA-administered housing trusts ensure reliable government support, are better able to pool resources, and provide greater flexibility to pursue and leverage funds, similar to nonprofits. WRCOG could activate the existing WRCOG Supporting Foundation nonprofit to support a hybrid trust model or establish a new nonprofit. Similarly, WRCOG's membership could approve a revision to the existing joint powers agreement or establish a separate JPA for the housing trust. Establishing a separate JPA would be the best solution if some member jurisdictions opt not to participate in the trust. To update the JPA agreement to initiate the trust, the following conditions would need to apply: ■ All JPA member jurisdictions are in compliance with State Housing Element law and therefore eligible for federal and State funding. ■ All JPA member jurisdictions agree to be part of the housing trust through adoption of a local ordinance. WRCOG will be the agency responsible for administering and overseeing the regional housing trust in representation of all interested member jurisdictions. WRCOG will also adopt a resolution requiring interested member jurisdictions to take formal action to join the regional housing trust, disclosing eligibility to receive State matching funds through compliance with current State housing law. Each eligible member jurisdiction will elect to participate in the housing trust fund through adoption of an ordinance and membership in WRCOG. Member jurisdictions not explicitly electing to participate in the trust and devote revenue to the housing trust fund would not be eligible to receive funds or resources from the trust. REVENUE ALLOCATIONS The WRCOG-administered trust should maintain as much flexibility with the application of its funding resources as possible. This includes avoiding the enactment of any internal mechanisms that devote funds proportionally to participating jurisdictions based on the location of revenue collection within the region. Multiple successful housing trust administrators report that siloed funds from each participating jurisdiction reduce the trust's ability to leverage these funds to their greatest potential. Furthermore, many jurisdictions have regulatory, political, or economic barriers to implementing housing projects, despite having the political will for affordable housing development and financial investment in the trust. For example, if City A were to invest $80,000 into the housing trust fund with the stipulation that the Page 1 19 money must be reinvested in City A, but City Ns zoning requirements discourage developers from affordable housing projects, then that $80,000 would sit unused in the housing trust fund. In the meantime, a housing project in City B would use other housing trust funds to develop a $1.5 million project. If City A instead invested that money with no stipulations, the housing trust fund could leverage that money to increase donations to the project in City B threefold, increasing the project size and resources provided in the original $1.5 million project to add an additional $240,000 in value. WRCOG currently administers the Transportation Uniform Mitigation Fee (TUMF), which collects fees to complete transportation system capital improvements necessary to meet increased travel demand and sustain current traffic levels of service. Fees are calculated proportionally to the costs of proposed transportation improvements based on the cumulative transportation system impacts of different types of new development, and the collected funds must be reinvested in designated sub -areas of the WRCOG subregion. Similarly, the housing trust fund could establish a first preference for reinvesting allocations within the jurisdiction or sub -area of origin, following the same boundaries as those designated by the TUMF, without posing absolute geographic restrictions on housing trust fund expenditures. While some jurisdictions may initially oppose the practice of investing in the housing trust without a guaranteed return on investment within their jurisdictional boundaries, the benefits exceed drawbacks. State -compliant Housing Elements must provide adequate sites with appropriate zoning for housing development in each income category. Currently, there is not a requirement that Jurisdictions have to achieve buildout of their RHNA requirements once planned for in the Housing Element. Therefore, investing in the housing trust for the creation of housing within the jurisdiction's boundaries does not divert resources away from other necessary investments that would preclude their ability to remain State - compliant. On the contrary, jurisdictional investment in affordable housing trusts is highly praised by HCD. Other housing trusts report that participation in their housing trust assists cities with meeting Housing Element requirements and helps them obtain credits for the creation of affordable housing. Jurisdictions that elect to participate should commit to allocating revenue annually to the housing trust fund for the first five to ten years, granting resources relative to their jurisdiction's size, number of jobs, and projected growth rate. The WRCOG housing trust JPA should enact a formula based on those factors to determine annual allocation requirements. While individual contributions may vary annually based on the number of participating jurisdictions, the total allocations should meet a minimum threshold of $230,000 to support housing trust fund activities.10 The trust should not guarantee the that a member jurisdiction's allocation will be directly reinvested in their community. However, when housing programs or projects come up in that jurisdiction, the housing trust should direct the jurisdiction's investments into that project to the maximum extent feasible. OVERSIGHT AND STAFF The housing trust should have a Board of Directors to oversee allocation of funds. The Board should consist of jurisdiction representatives, both elected officials and staff, as well as at -large representatives from the private sector. Both the CVHTF and San Mateo County's HEART operate with large 19-member 11 $230,000 was the minimum total threshold requirement in 2019 for San Mateo's HEART, which is the only other JPA/non- profit model in California. Only JPAs can set minimum requirements for participating member jurisdictions, although Ventura County's CVHTF received at least $50,000 from all member jurisdictions electing to participate in the housing trust in 2019. Page 1 20 Boards of Directors. When CVHTF first began, city representation came from elected officials but was switched to City staff representation after the first few years to remove political motivations and utilize city staff's in-house expertise. CVHTF also recommends keeping the size of the Board of Directors smaller for better communication and coordination of priorities across the region. Staffing should be provided via a new department within WRCOG. This model has been proven successful by WRCOG's effective administration of the Riverside County Habitat Conservation Agency and Western Community Energy. This approach will leverage the agency's in-house staff expertise and existing connection to resources in the region. REVENUE SOURCES WRCOG should consider all of the revenue sources discussed in the Housing Trust Funding Sources section, however based on an initial analysis, the following one-time and ongoing sources are identified as potentially being the most appropriate to pursue in the context of the WRCOG subregion and should be considered first. For more information on each revenue source, refer to Appendix B. STATE AND FEDERAL GRANTS PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM The new PLHA Program offers consistent funding to local jurisdictions for affordable housing construction and supportive services. Although the annual allocations will vary, the 2019 allocation is broken down by jurisdiction in Appendix B. While local allocations may not be sufficient to close a housing project funding gap when kept within the local jurisdiction, they can be delegated to a regional housing trust and leveraged with other local PLHA or other funds to be an effective short- or long-term source of funding. ■ Funding Stage: Both start-up and ongoing. ■ Eligible Activities: PLHA supports a variety of activities including affordable housing construction, affordable ADU construction, and homelessness services. ■ Administration Limitations: A local government sharing the funds with a housing trust can use no more than 5 percent of the allocation for administrative costs for activities for which the allocation was made. However, staff and overhead costs related to carrying out the activity costs are not subject to the cap on administrative costs. ■ Housing Trust Type Currently Eligible: Non-profit, JPA, city or county. STATE -MATCHING LOCAL HOUSING TRUST FUND As described in Appendix B, the State -Matching Local Housing Trust Fund (LHTF) is a competitive grant process, but it awards large matching grants. HCD releases NOFAs periodically and a portion of program funds is set aside each year as matching funds for the first year of operation for new housing trusts. WRCOG should pursue both initial and annual funds. WRCOG should note all State -matching funds require that housing developers use prevailing wage limiting the activities that the grant can fund upon award. ■ Funding Stage: Both start-up and ongoing. Page 1 21 ■ Eligible Activities: Loans for acquisition, predevelopment expenses, development of affordable rental housing projects, transitional housing projects, emergency shelters and homeownership projects, including down payment assistance to qualified first-time homebuyers, and for rehabilitation of homes owned by income -eligible homeowners. No more than 20 percent of each allocation may assist moderate -income households, and at least 30 percent of each allocation is required to assist extremely low-income households. ■ Administration Limitations: Administrative expenses are limited to five percent of the grant. ■ Housing Trust Type Currently Eligible: Non-profit, city or county. NATIONAL HOUSING TRUST FUND PROGRAM (NHTF) The National Housing Trust Fund (NHTF) serves as the primary source of federal funding for housing trusts and is administered by HCD. At least 80 percent of each annual grant must fund rental housing, and up to 10 percent can fund homeownership housing. The WRCOG housing trust should review the notice of funding availability (or NOFA) annually to confirm eligibility and alignment with its priorities to determine whether WRCOG should apply for funds. ■ Funding Stage: Start-up and ongoing. ■ Eligible Activities: Real property acquisition, site improvements and development hard costs, related soft costs, demolition, financing costs, operating cost assistance for rental housing (up to 30 percent of each grant), administrative and planning costs (up to 10 percent of each grant) ■ Administration Limitations: Administrative expenses are limited to 10 percent of the grant. ■ Housing Trust Type Currently Eligible: trusts, partnerships, limited partnerships, local public entities, corporations, limited liability corporations. TAX INCREMEMENT FUNDS AND TAXES TRANSIENT OCCUPANCY TAX (TOT) While most local jurisdictions in Western Riverside County already levy a TOT, most local regulations currently exclude short term rentals from the definition of a transient occupancy facility. Upon establishment of a trust, WRCOG should advocate for all participating member jurisdictions to update their definition of transient occupancy facilities to include Airbnb and VRBO units, and in the cases of Eastvale and Wildomar, establish new TOTS on short-term rentals. The incoming revenues would be placed in the member jurisdiction's general fund and then transferred annually to the WRCOG-administered housing trust fund. ■ Funding Stage: Ongoing. ■ Eligible Activities: Activities compliant with the established nexus between transient occupancy facilities and the associated loss of affordable housing in the community. ■ Administration Limitations: Language in the jurisdictions' municipal codes would be examined to ensure there are no restrictions prohibiting support of administration activities or activities outside the local jurisdiction's limits. ■ Housing Trust Type Currently Eligible: Nonprofit, JPA, city or county. Page 1 22 INCLUSIONARY ZONING IN -LIEU FEES Only two cities in Western Riverside County have adopted inclusionary zoning requirements: Calimesa and Jurupa Valley. WRCOG should consult these two cities on their proclivity to allocate in -lieu fees to the trust fund and work with other member jurisdictions to assess the feasibility of implementing new local inclusionary ordinances. WRCOG should provide additional support to member jurisdictions interested in establishing a housing trust fund if the jurisdiction agrees to direct a portion of in -lieu fees to the housing trust fund. ■ Funding Stage: Ongoing. ■ Eligible Activities: Development of affordable housing, conditional upon the contributing jurisdiction's regulations stipulating that the in -lieu fees be directed to community -specific housing projects. ■ Administration Limitations: WRCOG would not be able to easily leverage funds from an inclusionary ordinance in the jurisdiction's regulations stipulate that the in -lieu fees be directed to community - specific housing projects. Language in the jurisdictions' inclusionary ordinances and municipal codes would be examined to ensure there are no restrictions prohibiting support of administration activities or activities outside the local jurisdiction's limits. ■ Housing Trust Type Currently Eligible: Nonprofit, JPA, city or county. PRIVATE SOURCES COMMUNITY BENEFIT AGREEMENTS Community Benefit Agreements (CBAs) would help WRCOG leverage developer commitments to fund housing trust activities. In exchange for widespread public support from a community group(s) for the development project, WRCOG should collaborate with member jurisdictions to engage medical centers, large-scale developers, and the University of California, Riverside as they develop plans to expand. ■ Funding Stage: Initial and ongoing. ■ Eligible Activities: Assist the development and preservation of affordable housing. ■ Administration Limitations: None. CBAs are negotiated on a case -by -case basis, so WRCOG would ensure that the agreement would not place restrictions on trust fund operation and administrative costs. ■ Housing Trust Types Currently Eligible: Nonprofit, JPA, city or county. OTHER FUNDING SOURCES DISCRETIONARY LOCAL REVENUES Participating member jurisdictions should appropriate money from their general fund to invest in the future of the housing trust in good faith, giving the new housing trust start-up costs to then pursue additional external funding. If WRCOG opts to use a nonprofit approach, the COG should ask interested member cities and/or the county to commit to general fund allocations for the next five to ten years. If WRCOG is able to use a JPA/nonprofit approach, it would include stipulations in the JPA agreement requiring that member jurisdictions allocate money from their general fund annually, based on an agreed - upon formula. Page 1 23 While cities could also choose to dedicate money from their existing affordable housing funds, it is recommended that WRCOG advocate more strongly for general fund allocations so that the trust brings in resources not already dedicated to housing. ■ Funding Stage: Initial and ongoing. ■ Eligible Activities: Assist the development and preservation of affordable housing. ■ Administration Limitations: None. Existing housing trusts often use discretionary local revenues to fund administrative costs. ■ Housing Trust Types Currently Eligible: Nonprofit, JPA, city or county. FUND ACTIVITIES Some housing trust activities are more effective tools for creating affordable housing than others, as discussed in the Housing Trust Projects and Programming section. Housing trust administrators interviewed for this report generally recommended prioritizing specific activity/program types to maximize affordable housing development and shared best practices for each, discussed in Appendix A. Paired with a preliminary assessment of various revenue stream restrictions and barriers to housing in the WRCOG subregion, the following three programs would likely be appropriate for a WRCOG-administered housing trust and should be strongly considered. REVOLVING LOAN FUND Successful housing trusts report that the most impactful way to encourage affordable housing consistently is through loans to developers. Once seed funding is obtained, WRCOG would use that money to provide reduced rate loans to affordable housing developers. Repayments from these developers over time would establish a revolving loan fund and ongoing revenue source for the trust. To start, WRCOG should provide construction loans and bridge loans to seasoned, low -risk developers because they are short-term loans with limited uncertainty. This will ensures that money comes back into the revolving loan fund in a shorter time frame with less risk associated with the loan, allowing the trust to provide units more quickly than loans committed to a first time homebuyer program (which typically provide larger loans from 15 to 30 years to fewer households). WRCOG should also avoid administering pre -construction and acquisition loans during the first few years of a revolving loan fund because they carry higher risk and require larger commitments. COMMUNITY REINVESTMENT ACT LOANS This money can fund the development of affordable housing, with the WRCOG-administered housing trust acting as the intermediary between affordable housing developers and banks. Since corporate offices or regional headquarters for banks typically have larger budgets to invest in the community, WRCOG should reach out to mid -sized and big banks in the subregion to solicit investment in the housing trust once the trust has been in operation for a few years. WRCOG would seek out banks with headquarters in Western Riverside County, such as Bank of Hemet, Commerce Bank of Temecula Valley, First National Bank of Southern California, and Provident Savings Bank, to donate money to the housing trust fund to meet their CRA requirements. WRCOG should also seek CRA contributions from local branches in participating member jurisdictions without any mid -sized or large-scale banks. While these small sized branches often Page 1 24 donate money to local events or parades, WRCOG and partnering local government staff should implore them to shift contributions to the housing trust fund. CRA funds are ineligible to receive State matching funds, so dollars contributed from CRA to the WRCOG- administered trust will be less impactful than other sources. In addition, this money cannot be used as seed funding because banks will not typically lend to inexperienced housing trusts, but they can help augment trust fund activities in the long-term. As with all other funds, the Administrative Plan for the housing trust would encourage WRCOG to direct funds obtained from different communities back into those communities when feasible, rather than diverting them to finance other communities' housing activities. COMMUNITY IMPACT NOTES A WRCOG-administered trust should become certified as a CDFI to administer low -interest loans to private investors to bring private sector dollars into the affordable housing market, as discussed in the Housing Trusts Project and Programming section. WRCOG's housing trust would establish a Community Impact Note (CIN) template to set up terms for loans to private agencies or companies. It is recommended that the terms of loans range from one to 10 years to keep housing trust payment commitments relatively short-term. The template should also provide multiple short-term loan options, such as a five year loan template and a ten year loan template, to provide potential investors with more flexibility in the investment opportunity. WRCOG's CINs should have no fees to increase their benefits for lenders, given that the loans have low rates of return. HOUSING TRUST IMPLEMENTATION TRUST ESTABLISHMENT Steps to establish a housing trust using a JPA/non-profit organizational model include the following: 1. Identify Participating Jurisdictions WRCOG would solicit interest from member jurisdictions in establishing a housing trust fund and then work with those interested member jurisdictions to move through the steps below. 2. Joint Powers Agreement Because WRCOG currently operates as a JPA, it could move forward with either of the below approaches, contingent upon interest from WRCOG member jurisdictions: a. Amend the existing joint powers agreement to become a housing trust if all member jurisdictions are interested in participating in the housing trust. The modified joint powers agreement would authorize administration of a WRCOG housing trust through an Administrative Plan. b. Establish a new, separate JPA with interested member jurisdictions. While both options presented above are viable, it is likely that not every WRCOG member jurisdiction will want to participate in the housing trust and that it would therefore be cleaner to establish a new JPA, so it is recommended that WRCOG pursue the latter option. It is assumed that a new JPA will be Page 1 25 formed for the following steps of trust establishment. However, if all member jurisdictions agree to participate, then the former option above is recommended and the subsequent steps of trust establishment remain relatively unchanged. 3. Identify Housing Need WRCOG and participating member jurisdictions would collaborate to determine housing needs for localized areas and the region. These needs would inform the activities allowed and prioritized in the Administrative Plan drafted in later steps and would inform campaign goals and messaging. This process should be integrated with the regional housing needs allocation (RHNA) and preparation and implementation of local housing elements to the extent possible, both taking cues from and informing these other planning documents. 4. Campaign Interviews with administrators of successful housing trusts in California indicate that the greatest predictor for housing trust success is strong support from local government, elected leaders, and the business community. The campaign for a housing trust should demonstrate need for additional housing support and resources in Western Riverside County. The messaging to these groups should be clear about the need the trust will address and potential impacts from the trust, some of which are demonstrated through examples offered in this paper. Soliciting support from local activists and political leaders can help push the campaign without delving the housing trust into the political fray. Strong support from the local community will bring revenue into the project early and help establish a strong foundation to build the trust to great heights. WRCOG and participating member jurisdictions would enact a campaign to generate community interest and support for the new housing trust fund. More details about the campaign are in the following section. a. WRCOG would provide interested jurisdictions with messaging and information about the benefits of housing trusts to bring to their local elected officials, political activists, and non -profits. b. This campaign for the trust would be an ongoing activity through each step of trust set- up. 5. Enact Intent to Establish Trust WRCOG would pass an initial ordinance authorizing its establishment of the regional housing trust fund conditional upon: a. WRCOG drafting an Administrative Plan for agreement by all participating member jurisdictions. b. Participating member jurisdictions taking formal action to join the regional housing trust (e.g. by passing an ordinance). Page 1 26 6. Administrative Plan WRCOG would draft an Administrative Plan for the fund. This plan would be reviewed by all participating jurisdictions, and WRCOG would allow at least one round of comments by each jurisdiction. The Administrative Plan would include the following components: a. Defining the purpose and structure of the housing trust. b. Assigning participating members' authorities. c. Stipulating member authorities' annual contribution requirements using a formula based on the member jurisdictions' population, jobs, and projected growth. d. Outlining WRCOG'S administrative duties and responsibilities. This would include identification of existing staff or formation of a new department. e. Creating a Board of Directors to manage initial and ongoing housing trust fund activities and goals. This would include details about board governance, meeting protocols, and administration and oversight. f. Establishing a housing trust funds account and a sub -account specifically for administrative purposes. g. Enacting annual reporting procedures for WRCOG to maintain records and publish efforts for member jurisdictions to review. h. Establish procedures to allow member jurisdictions to enter or leave the trust in the future. 7. Adopt New JPA Upon completion of the Administrative Plan, WRCOG would adopt a new JPA in partnership with all interested jurisdictions to officially enact the housing trust. a. The JPA would incorporate language from the Administrative Plan into the official agreement. b. The JPA must state the trust's application for 501(c)(3) tax-exempt status with the Internal Revenue Service (IRS) is completed or pending and specify that the trust has a charitable purpose, which is to develop funds for affordable housing. 8. Jurisdiction Resolutions Interested jurisdictions would individually pass resolutions to join the regional housing trust. a. Participating jurisdictions would include language in their individual resolutions committing to pay membership dues annually as to be part of the JPA/nonprofit housing trust. The resolution would also contain language certifying eligibility to receive State funds through compliance with current State housing law. b. A designated representative from each participating jurisdiction would subsequently sign the JPA, agreeing to conditions of the JPA and Administrative Plan. c. At this time, the participating member jurisdiction would be required to pay membership dues to the trust. Page 1 27 9. Non -Profit Component Given that WRCOG would likely forma new JPA to enact the housing trust, WRCOG would also need to form a new accompanying nonprofit to administer the trust using the dual JPA/nonprofit organizational model. WRCOG would apply for the housing trust's 501(c)(3) tax-exempt status with the Internal Revenue Service (IRS). General filing instructions are as follows: Draft and file the articles of incorporation. This would include the organization's name, specify its use for charitable purposes by developing funds for affordable housing, identify an agent for service of process, and list any limitations on corporate powers. If the Board of Directors is named in the articles of incorporation, then these articles would be signed by the board. b. Appoint the Board of Directors, if not named in the articles of incorporation. c. Attach the trust's bylaws, which is the joint powers agreement for the housing trust and draft a conflict of interest policy. d. Provide proof of the participating members' consent to the joint powers agreement. e. Obtain an employer identification number (EIN). This can be done online. f. File the initial registration form (Form C T-1) with the California Attorney General's registry of Charitable Trusts. g. File the Statement of Information (Form SI-100) with the Secretary of State. h. Apply for federal tax exemption with the IRS (Form 1023) and receive a letter of determination from the IRS. Apply for California tax exemption with the California Franchise Tax Board (FTB) using Form 3500A and a copy of the IRS determination letter (in step above) and receive an affirmation of exemption letter from the FTB. 10. Revenue Pursuit Once non-profit status has been approved, WRCOG would begin pursuit of revenue sources, operating as a dual JPA/nonprofit housing trust. This would include the following actions, not necessarily completed in this order: a. Collect annual membership dues from participating jurisdictions. b. Solicit private donations from large local corporations and businesses. c. Collaborate with local jurisdictions to collect their PHLA allocations to help leverage State matching funding. d. Apply for State matching funding, NTHF grant funding, and other grants. e. Follow protocol established by the US Department of Treasury to become a CDFI. Once registered as a CDFI, draft a CIN template to offer low -interest loans to private entities. f. Partner with participating jurisdictions to negotiate CBAs with developers for allocation of funds to the housing trust. Page 1 28 g. Provide continual support for cities attempting to impose TOT fees or inclusionary zoning requirements for allocation of those funds to the housing trust fund. 11. Transition to Ongoing Implementation WRCOG would manage the resulting income sources and allocate them toward programs meeting established priorities. Growth would be managed over time and the Board of Directors would steer the goals of the housing trust over the long-term. Page 1 29 Appendix A: Existing Housing Trust Profiles The following table lists all housing trust funds in California cataloged by the Housing Trust Fund Project through 2020. This list is not exhaustive of all housing trust funds in the state. Of the 46 jurisdictions on this list, 14 are located in Southern California, 2 are in Central California, and the remaining 32 are located in Northern California. JURISDICTION HOUSING TRUST FUND YEAR CREATED ADMINISTERING AGENCY Alameda County Affordable Housing 2003 Housing and Community Trust Fund Development (public) Anaheim Housing Trust Fund 2005 Community Development Department (public) Berkeley Housing Trust Fund 1990 Housing Development (public) Butte, Shasta, Yuba, Housing Trust Fund 2015 North Valley Housing Trust Sutter, Tehama, (private/nonprofit) Siskiyou, Glenn, Plumas, Lassen, Campbell Housing Trust Fund 2006 Community Development Department (public) Citrus Heights Affordable Housing 2003 Housing and Grants Division Trust Fund (public) Cupertino Affordable Housing 1987 Community Development Fund Department (public) Elk Grove Affordable Housing 2003 Planning (public) Fund Emeryville Housing Trust Fund 2014 Economic Development and Housing (public) Fremont Affordable Housing 2014 Housing Division (public) Development Fund Livermore Housing Trust Fund 2005 Community Development (public) Long Beach Housing Trust Fund 2005 Housing Services Bureau (private/nonprofit) Los Angeles Affordable Housing 2002 Housing Department Trust Fund (public) Los Angeles Affordable Housing 2017 Chief Administrative Officer Impact Trust Fund (public) Los Angeles: Skid Row Affordable Housing 1989 Skid Row Housing Trust Trust (private/nonprofit) Los Angeles County Affordable Housing 2013 LA County Community Trust Fund Development Commission Page 1 30 Mammoth Lakes Housing Trust Fund 2003 Mammoth Lakes Housing (private/nonprofit) Marin County Workforce Housing 2004 Community Development Trust Fund Agency (public) Menlo Park Below Market Rate 1988 Community Development Housing Program (public) Monterey, San Benito, Housing Trust Fund 2016 Monterey Bay Economic and Santa Cruz Partnership Morgan Hill Senior Housing Trust Not available Not available Fund Mountain View Housing Trust Fund Not available Not available Napa County Affordable Housing 1992 Napa Valley Housing Fund Authority (public) Oakland Affordable Housing 2003 Department of Housing & Trust Fund Community Development Orange County Housing Trust 2010 Orange County Housing Trust (private/nonprofit) Orange County 1 Housing Finance Trust 2019 Orange County Housing Finance Trust (JPA) Oxnard Affordable Rental 2003 Housing Department Housing Trust Fund (public) Palo Alto Affordable Housing 1974 Planning and Community Fund Development (public) Pasadena Housing Trust Fund 1993 Housing and Community Development Department Petaluma Housing Fund 2003 Housing Division (public) Sacramento Affordable Housing 2020 City of Sacramento (public) Trust Fund Sacramento City and Housing Trust Fund 1989 Housing and County Redevelopment Agency (public) San Diego Housing Trust Fund 1990 San Diego Housing Commission (public) San Francisco City and Housing Trust Funds 1987;2012 Office of Housing (public) County San Jose Housing Trust Fund 2003 Department of Housing (public) San Jose Housing Impact Fee 2014 Department of Housing Fund (public) San Luis Obispo Housing Trust Fund 2003 San Luis Obispo County County I I Housing Trust Fund (public) Page 1 31 San Mateo County Housing Endowment 2003 HEART of San Mateo County and Regional Trust (private/nonprofit) San Mateo County Affordable Housing 2013 San Mateo County Trust Fund Department of Housing (public) Santa Barbara County Housing Trust 2005 Housing Trust of Santa Barbara County (private/nonprofit) Santa Clara County Housing Trust Silicon 1997 Housing Trust Silicon Valley Valley (private/nonprofit) Santa Cruz Affordable Housing 2003 Housing Division (public) Trust Fund Santa Monica Citywide Housing Trust 1986 Housing Division (public) Fund Santa Rosa Housing Trust 2004 Economic Development and Housing (public) Sonoma County County Fund for 2005 Department of Community Housing Development (public) Sunnyvale Housing Trust Fund Not available City of Sunnyvale (public) Ventura County Housing Trust Fund 2010 Housing Opportunities Made Equal (private/nonprofit) West Hollywood Affordable Housing 1986 Rent Stabilization and Trust Fund Housing Division (public) ' This trust is not explicitly for housing but for homelessness. Given its proximity to Riverside County and the JPA model, it is included in this list. Source: Housing Trust Fund Project, 2020; City of West Hollywood, 2020; Monterey Bay Economic Partnership, 2020; North Valley Housing Trust, 2020; Skid Row Housing Trust, 2020; City of Sacramento, 2020. The following five California -based housing trusts have different organizational structures, funding sources, and fund activities, but each demonstrates the ability to incite housing change despite divergent regional contexts. Some housing trusts examined below are located in Northern California due to the higher occurrence of housing trusts in Northern California and specifically housing trusts operating under the private/nonprofit model, the organization model recommended for WRCOG. COUNTY OF VENTURA HOUSING TRUST FUND The non-profit County of Ventura Housing Trust Fund (CVHTF), since rolling out housing support in 2012, has issued over $9 million in approved loans, constructed 365 affordable housing units, helped 15 affordable housing developments in 70 percent of cities within the county, and raised $6.7 million through grants, investments, sponsorships, and fundraisers." " Housing Trust Fund Ventura County, 2019, Everyone Deserves a Home: 2019 Annual Report. Page 1 32 ■ Organizational Structure: 501(c)3 Nonprofit ■ Year Established: 2005, first loan in 2012 ■ Percent of expense budget dedicated to operating costs: 77 percent ■ 2019 annual budget: $451,849 (revenue), $297,957 (expenses) ■ Programs and activities administered: Revolving loan fund, pro-bono consulting for affordable housing developers ■ Top revenue sources: Revolving Loan Program, events, donations and grants, local government grants ■ Best practice recommendations: ■ Do not accept funds from local governments earmarked to come back into that jurisdiction. ■ Leverage funding creatively through layering of all different sources. ■ Only work with seasoned affordable housing developers. ■ Recycle money from State matching funds through a revolving loan program to gradually remove State's restrictions from repaid money. ■ Focus on providing short-term loans such as construction loans or gap financing and avoid pre -construction loans or first-time homebuyer loans during first few years of the trust due to higher risks and larger loan amounts. ■ Seek guidance and feedback from the developer community often. ORANGE COUNTY HOUSING TRUST Orange County Housing Trust (OCHT) is a nonprofit private capital -funded housing trust powered by NeighborWorks Orange County (NWOC) and Orange County Business Council (OCBC) — two leading organizations committed to making Orange County a vibrant place to live, work and play. NWOC and OCBC have retooled OCHT, originally established in January 2010, as a financing vehicle for grantors, foundations, and corporations to leverage public and private funding to bring future permanent supportive and affordable housing projects to Orange County. Using the Housing Trust of Silicon Valley as a model, the OCHT engages local businesses to help tackle the housing issues facing the county. The Disneyland Resort provided a $5 million grant for seed funding to support provides in Anaheim, which financed a 102-unit affordable housing development. The OCHT Board of Directors is comprised of the region's top business leaders including The Irvine Company, U.S. Bank, OCBC, Disneyland Resort, and FivePoint Holdings. The trust operates within NWOC's organizational structure as a program, which keeps operation costs low. ■ Organizational Structure: 501(c)3 Nonprofit ■ Year Established: Established in 2010, revitalized in 2019 ■ Percent of expense budget dedicated to operating costs: No restrictions on operating costs, but it amounts to about $48,000/year to administer with in-house staff at NWOC. There are no official staff positions for the trust. ■ Annual budget for Fiscal Year 2019-2020: About $5 million, due to Disneyland donation Page 1 33 ■ Programs and activities administered: Provides gap financing for developers creating permanent supportive and affordable housing projects. They have also provided short-term residual loans in the past with a smaller budget and interest in faster turnover on loan terms. ■ Top revenue sources: Private investments ■ Best practice recommendations: Nonprofit housing trust funds struggle more with obtaining seed funding, but nonprofits should be persistent because it takes a long time and lots of labor to obtain money from private sources. Private organizational models have the benefits of avoiding politics and involvement from government that comes from public ownership in a housing trust fund. SAN MATEO HOUSING ENDOWMENT AND REGIONAL TRUST In San Mateo County there are two regional housing trusts, a County -administered trust (explored in detail below) and San Mateo's Housing Endowment and Regional Trust (HEART) is a JPA/non-profit fund operated throughout the County. While the County fund primarily uses sales taxes through Measure K to fund housing projects, HEART cannot directly obtain this funding and therefore uses different sources to augment housing support. To avoid duplication of services, the two entities collaborate often to fund different types of projects and policies, harness different funding sources based on their eligibility, and partner on projects when appropriate. HEART noted that, while the County releases a NOFA for developers semiannually, development deals typically occur more often and much faster, so developers can work with HEART instead to minimize time and money lost in the bureaucratic cycle of hearings, long review periods, and commission meetings. San Mateo's HEART, both a Joint Powers Authority and nonprofit, has raised over $12 million since 2003— $2.9 million from the private sector and $9.5 million from the public —to fund the construction, renovation, or purchase of over 805 homes for low- and moderate -income families, representing nearly 10 percent of all new units built in San Mateo County in the last five years. This fund is invested in many developments representing a combined $217 million in direct economic activity, stimulating both construction and permanent jobs. HEART's investment work has leveraged over $18 in funds from other sources for every $1 from HEART to bring additional resources into the region.12 ■ Organizational Structure: Joint Powers Authority and 501(c)3 Nonprofit ■ Year Established: 2003 ■ Percent of expense budget dedicated to operating costs: 94 percent ■ Annual budget for Fiscal Year 2015-2016: $1.6 million (revenue), $756,594 (expenses) ■ Programs and activities administered: Revolving loan fund (both First Time Homebuyer Loans and Development Loans), Green and Livable Accessory Dwelling Unit Resource (GLADUR) program ■ Top revenue sources: public investment from the County of San Mateo and matching grants from the State of California ■ Best practice recommendations: 12 HEART of San Mateo, 2020, https://www.heartofsmc.org/about-heart/, accessed on April 7, 2020. Page 1 34 ■ Gain activist interest to generate support for the trust without the trust becoming overtly political itself. ■ Establish strong relationships with local jurisdictions. ■ Communicate often with local developers. ■ Direct investment dollars from local jurisdictions back into their jurisdiction whenever possible. ■ Hire outside consultants intermittently to perform loan underwriting or bookkeeping to keep in-house staffing low and reduce administrative costs ■ Operate as a dual Joint Powers Authority and non-profit to allow the flexibility to operate with power as a jurisdiction while receiving money from the state and private contributions. ■ Avoid accepting housing -dedicated funds from local governments because that money will theoretically be spent on housing in their own jurisdiction anyway. ■ Require that cities commit a percentage of their annual appropriations for the first five to ten years of the trust as their "membership dues". SAN MATEO COUNTY HOUSING TRUST The County's Department of Housing (DOH) operates the countywide regional housing trust. The fund was initially started when the Board of Supervisors (BOS) allocated $13.4 million of unrestricted General Funds to affordable housing purposes, as derived from a one-time distribution of housing trust funds held by former redevelopment agencies in San Mateo County. The County housing trust fund currently primarily uses sales taxes through Measure K to fund housing projects both in the unincorporated county and within cities. Measure K is a direct appropriation from the County's BOS every two years. The allocation has increased over the years as demand from developers has increased, evidenced by more applications and larger loan requests. They also receive funding from HCD's No Place Like Home (NPLH) fund and the California Emergency Solutions and Housing Program. The County releases two NOFAs annually, collaborating with developers throughout the year to ensure that their NOFA meets the needs of the affordable housing development community. Administrative costs are low for this fund, and it is set up so that most housing trust funds go directly towards the projects. ■ Organizational Structure: County (Department of Housing) ■ Year Established: 2013 ■ Percent of expense budget dedicated to operating costs: Not disclosed. DOH notes that they charge a 1.5 percent administrative cost fee as part of the loan application process, but it does not cover DOH's costs to administer the trust. ■ Available funds released in June 2019: $27.6 million available for affordable housing. Note that this is one of two NOFAs typically released per year. ■ Programs and activities administered: Revolving loan fund for multi -family affordable rental housing projects. This includes predevelopment, constriction, and permanent loans to developers for new developments and rehabilitation loans for existing affordable rental housing. ■ Top revenue sources: Measure K funds ■ Best practice recommendations: Page 1 35 ■ Release NOFAs on a consistent schedule because it allows developers to anticipate the funds and better plan for affordable housing projects. ■ Foster open and strong relationships with the development community and ask for feedback on programs. ■ Work closely with jurisdictions to determine what they need without duplicating efforts. SKID ROW HOUSING TRUST The Skid Row Housing Trust (SRHT), a non-profit focused on ending homelessness in Los Angeles County, has invested in 26 housing developments in 30 years, providing nearly 2,000 people with permanent homes and thousands more with transitional support on the way to more independent living. In 2018, SRHT generated revenue from development and service fees, foundation and corporate grants, government grants, and contributions for development of supportive and transitional housing." ■ Organizational Structure: 501(c)3 Nonprofit ■ Year Established: 1989 ■ Percent of expense budget dedicated to operating costs: 11.8 percent ■ 2018 annual budget: $39 million ■ Programs and activities administered: Revolving loan fund, supportive services for the homeless, development and ongoing management and operation of permanent and supportive housing ■ Top revenue sources: Development and service fees ■ Best practice recommendations: not available for interview WEST HOLLYWOOD AFFORDABLE HOUSING TRUST FUND The West Hollywood Affordable Housing Trust Fund (AHFT) is a City -operated housing trust fund established in 1986 to offset development impacts and generate additional resources to meet the affordable housing need. The City's policy requires residential and commercial developers to provide affordable housing or pay an in -lieu fee to finance affordable housing development in the city. These two revenue streams provide the largest sources of revenue annually, but they vary widely based on the development cycle each year. For example, the City has annual revenue totals ranging from 1.8 million to 11 million in the past five years, solely due to varying contribution requirements written into development agreements. The West Hollywood AHTF requires at least 20 percent of units be designated low-income, and 60 percent of units be designated low- to moderate -income in all affordable housing projects funded. They perform nexus studies every three to four years to ensure the commercial linkage fees and residential in -lieu fees provide an adequate return on investment without crippling potential development projects and investor interests. • Organizational Structure: City (Rent Stabilization & Housing Division) ■ Year Established: 1986 " Skid Row Housing Trust, 2020, https://skidrow.org/about/impact/, accessed on April 7, 2020. Page 1 36 ■ Percent of expense budget dedicated to operating costs: 5-10% of administrative costs are permitted in the terms of money received from the residential in -lieu fees and the commercial linkage fees. ■ 2019 annual budget: $1.7 million ($1.8 million in 2018, $3.4 million in 2017, $11 million in 2016, and $2.1 million in 2015) ■ Programs and activities administered: Provide residual receipt loans for acquisition and rehabilitation or construction of new affordable housing developments with affordability restrictions for 55 or 57 years. Loans are forgivable if the term is fulfilled to annuity. They are interested in expanding to fund a first-time homebuyer program in the future. ■ Top revenue sources: Residential in -lieu fees (projects less than 10 units must pay an in -lieu fee or restrict at least one unit to be affordable; projects with 11 or more units must dedicate 20% of units for low-income households) provide at least $600,000 annually and commercial linkage fees (commercial projects over 10,000 square feet must pay $9/square foot to the housing trust fund) contributes at least $600,000 annually to the fund as well. ■ Best practice recommendations: Given WRCOG'S scope, it would be very effective for any new trust to operate at a regional level and follow a JPA approach to give smaller communities with limited resources the ability to create affordable housing and address the housing shortage at a regional level. Seeing the benefits of a regional JPA approach to housing trust funds, West Hollywood is interested in banding together with other cities in Los Angeles to do follow a similar model in the future. Perform nexus studies every few years if fees are adopted to fund the housing trust to ensure they do not impose severe financial barriers to development. Work with developers continuously to understand barriers to affordable housing development and alleviate unnecessary development constraints. KEY TAKEAWAYS FROM TRUST INTERVIEWS The following synthesizes key takeaways reiterated by multiple established trusts in personal interviews. 1. Local support from the public and decision -makers is crucial to establish a housing trust. Lack of community support often stems from a misinformation regarding the greater need for more affordable housing, so an effective campaign and outreach is critical for success. 2. Non -profits are a more effective organizational model for a housing trust than a traditional city or county model. JPAs also provide more leverage than traditional cities and counties but are not eligible for many sources of funding, so a dual JPA/nonprofit model is widely viewed as most effective. 3. Community Impact Notes (CINs) are an effective source of revenue for trusts. Trusts that do not currently offer CINs as a program note that it is their goal to become a CDFI and issue CINs in the future. 4. Housing is a regional issue, and this should be emphasized in campaign messaging to local government staff and officials whenever possible. However, local jurisdictions may be averse to contribute funds when there is no set guarantee of reinvestment back into their community. Therefore, funds should be reinvested back into jurisdictions that contribute housing trust funds whenever feasible, though not established as a requirement. For example, if TOT revenues are Page 1 37 funneled to a housing trust, then the trust should attempt to directed towards housing activities in that community. S. Be wary of contributions from jurisdictions that may have that money earmarked for activities specific to their jurisdictional boundaries. For example, cities or counties with an inclusionary zoning ordinance may have regulations requiring that affordable housing in -lieu fees be directly invested back into that community. Therefore, any money donated from those jurisdictions would be earmarked to ensure they are allocated to activities in that jurisdiction. While this delineation of funds provides cities with protections on their investments, they restrict the ability of the housing trust to further leverage funds to enact greater change in the regional community. 6. Only provide loans to seasoned affordable housing developers, and work with them continuously to minimize development uncertainty and address barriers to affordable housing creation. 7. Reduce administrative costs by keeping staffing low, contracting out for underwriting services, and sharing costs with other non -profits or partner agencies when possible. 8. Seek guidance and feedback with the developer community often to ensure programs funded by the trust are effective and user-friendly. Page 1 38 Appendix B: Housing Trust Funding Sources STATE AND FEDERAL GRANTS PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM Funded through the $75 real estate transaction fee established by Senate Bill (SB) 2, the PLHA Program is intended to provide a permanent source of funding for local governments to support affordable housing. PLHA funds are flexible and can be used for a variety of housing -supportive efforts, including as matching funds for local or regional housing trusts. PLHA currently offers a total of $8.8 million in formula (non-competitive) grants and competitive grants in Western Riverside County, with total funding available contingent upon the real estate transaction fees from year to year.14 The first NOFA for formula grants was issued in February 2020. Applications will program five years of PLHA formula funding and be issued on an annual basis, as real estate transaction fees are collected. While applications can only be submitted in response to a NOFA, local jurisdictions unable to submit applications for the 2020 NOFA, may apply in 2021 to redeem funding allocated for 2020. Under the Program, a Joint Powers Authority, such as a WRCOG-administered housing trust, could be delegated funds by a local jurisdiction, those funds could then be leveraged as matching funds needed to secure revenue from the competitive PLHA funds. "Funds for non -entitlement jurisdictions are looped into the total funds allocated to the County. Therefore, the total $8,783,917 available in PLHA funds in 2020 includes unincorporated areas of Riverside County outside the WRCOG subregion, Indian Wells, Coachella, La Quinta, and Rancho Mirage. See Appendix B for the breakdown of funds. Page 1 39 PLHA 2020 FUNDING ALLOCATIONS JURISDICTION I FUNDING AMOUNT Entitlement Jurisdictions Corona $582,003 Hemet $402,536 Lake Elsinore $248,527 Menifee $251,603 Moreno Valley $1,029,809 Perris $466,532 Riverside $1,622,125 Riverside County' $3,996,171 Temecula $273,393 Non -Entitlement Jurisdictions Banning Part of Riverside County allocation Beaumont Part of Riverside County allocation Calimesa $88,783 Canyon Lake Part of Riverside County allocation Eastvale Part of Riverside County allocation Jurupa Valley Part of Riverside County allocation Murrieta Part of Riverside County allocation Norco Part of Riverside County allocation San Jacinto Part of Riverside County allocation Wildomar Part of Riverside County allocation 'The Riverside County allocation includes non -entitlement jurisdictions as specified in this table as well as unincorporated areas of Riverside County outside the WRCOG subregion, Indian Wells, Coachella, La Quinta, and Rancho Mirage. It is the County's responsibility to utilize those funds within those non -entitlement jurisdictions. Page 140 STATE -MATCHING LOCAL HOUSING TRUST FUND (LHTF) PROGRAM The California Department of Housing and Community Development (HCD) distributes matching State funds for local and regional housing trust funds in California. Funding is restricted to the following applicant types: a city, county, or city and county; a charitable nonprofit organization permitted in Section 501(c)(3) of the Internal Revenue Code; and Native American Tribes. For a WRCOG-administered trust to be eligible for funds, member jurisdictions would need to take action to form the trust and identify WRCOG as the partner agency representing the participating jurisdictions. All participating member jurisdictions must have a State law -compliant housing element to be eligible for funding. Eligible sources of funds to be matched by State funds include taxes, fees, loan repayments, and public or private contributions. Funds restricted for housing use by State or federal law, including the Home Investment Partnerships Program (HOME), Community Development Block Grant (CDBG) Program, or redevelopment agency Low and Moderate Income Housing Fund (LMIHF) funds administered by HCD, cannot be used as matching funds. While local (single jurisdiction) housing trusts are not allowed to apply for matching funds using their Permanent Local Housing Allocation (PLHA) funds, regional housing trusts can receive matching funds from PLHA funds. As a new regional housing trust, a WRCOG trust would be eligible to request a minimum match of $750,000 and a maximum of $5 million, if using PLHA funds. State matching funds require that all construction workers be paid prevailing wage, which can make affordable housing project costs infeasible, even with the additional funding. As a work around, existing housing trusts often separate State matching funds from other funding sources that do not invoke prevailing wage, and use those funds for expenses not related to construction such as administrative costs, loan underwriting fees, or homelessness services. If developers opt to use State matching funds through a housing trust's revolving loan fund (explored below), the returned capital from the loan repayments is no longer held to prevailing wage requirements. NATIONAL HOUSING TRUST FUND PROGRAM (NHTF) NHTF is an affordable housing production grant program supporting affordable housing for low- and very - low income households. This is the only federal resource dedicated explicitly to housing trusts. Administered at the State level through HCD, this grant funds production or preservation of affordable housing, and housing trusts are eligible applicants to receive this funding. The grant requires that at least 80 percent of each annual grant is for rental housing and allows for up to 10 percent each for homeownership housing and the trust fund's administrative and planning costs.15 NHTF funds may be used for the acquisition, new construction, reconstruction, and/or rehabilitation of housing with suitable amenities. All NHTF-funded rental housing must be restricted to affordable housing for at least 30 years. All NHTF-funded homeownership housing must be affordability restricted for period of 10, 20 or 30 years, depending on the amount of NHTF investment in the unit. HCD further specifies eligible activities through the annual release of a NOFA; in 2018, eligible activities were limited to new multifamily construction for all applicants. 15 U.S. Department of Housing and Urban Development, Community Planning and Development, 2015 National Housing Trust Fund Fact Sheet, https:Hfiles.hudexchange.info/resources/documents/National-Housing-Fund-Trust-Factsheet.pdf, accessed March 28, 2020. Page 141 BONDS GENERAL OBLIGATION (GO) BONDS General Obligation (GO) bonds are a popular type of municipal bond for housing trusts, invoked via a new tax rather than a specific project's revenue. To put them on the ballot, proposed GO bond measures must be adopted by resolution by the jurisdiction's elected officials and must receive a two-thirds majority vote.Error! Bookmark not defined. In 2016, Alameda County voters approved a $580 million Affordable Housing GO bond, Santa Clara County voters approved a $950 Homelessness and Housing GO Bond, and Oakland voters approved an infrastructure GO bond that included $100 million for housing. Each of these bonds include a portion that directly funds a local affordable housing trust. GO bonds may be a feasible housing trust funding source in some WRCOG jurisdictions, though many may struggle to garner sufficient elected official or voter support for approval. REVENUE BONDS Revenue bonds are municipal bonds supported by specific revenue streams and are tax exempt because they are entirely financed by a specific project. For example, mortgage revenue bonds are directly repaid by the individual buyer. While the lack of municipal backing power on this type of bond increases the risk, it also increases the rate of interest paid back on the bond. The City of Santa Rosa's housing trust issued tax-exempt revenue bonds for public purpose developments that require below market interest rate financing to meet community needs. The City Council approved multiple types of revenue bonds including both single-family housing mortgage revenue bonds and multifamily rental housing revenue bonds. Local jurisdictions should have guidelines to consider requests for revenue bonds to preserve potential bond buyer confidence in the jurisdiction and form the basis for short and long-term policy objectives. TAX INCREMENT FUNDS AND TAXES Property tax -based strategies can effectively generate revenue in strong housing markets where home values continue to appreciate over time. Local jurisdictions can contribute directly to the housing trust fund from discretionary local revenues using a designated portion of existing local revenue sources or establishing a new tax increment fund or tax. While establishing new taxes is less popular with the general public, they provide a reliable, steady source of revenue for housing trust funds. Types of tax increment funds or other taxes include: REDEVELOPMENT TAX INCREMENT FUNDS With voter approval, a city or county can establish redevelopment areas using the redevelopment of blight as a nexus for allocating additional property taxes collected in the area to improve the neighborhood's housing. Housing trusts then receive additional property taxes resulting from increased property value as the area improves. For example, Philadelphia's Housing Trust Fund has reported a 4.7 percent increase in property values near housing trust fund developments, accounting for inflation.16 In 16 Center for Community Change, 2016, The 2016 Housing Trust Fund Survey Report, https://housingtrustfundproject.org/wp-content/uploads/2016/10/HTF_Survey-Report-2016-final.pdf, accessed March 23, 2020. Page 142 California, Los Angeles County directs tax increment revenue collected from designated redevelopment areas annually to their Affordable Housing Trust Fund. A Community Revitalization and Investment Authority (CRIA) can also be created to authorize the revitalization of disadvantaged communities through affordable housing via tax increment financing. REAL ESTATE TRANSFER TAX A real estate transfer tax is a sales tax, based on the value of the property and assessed at the State, county, and/or city level, most often used as general revenue. However, real estate transfer taxes can be dedicated to specific uses, such as affordable housing development. Real estate transfer taxes typically range from 0.01 to 0.40 percent and often include exemptions for low-income households and first-time homebuyers. Real estate transfer tax increases are not restricted under California's Proposition 13, as they are not considered property taxes. Real estate transfer taxes must be approved by a vote of the local jurisdiction. General law cities are authorized to impose a tax of up to $0.55 per $1,000 of value. There is no cap on the real estate tax for charter cities, so Western Riverside County's two charter cities, Norco and Riverside, could impose the tax above this statutory limit if desired. To enact a real estate transfer tax, a local jurisdiction can either propose a measure for increasing the real estate transfer tax to generate general revenue, which only requires a majority vote to pass, or propose a measure that specifically funds affordable housing, which requires a two-thirds vote to pass. Real estate transfer taxes are popular funding sources for affordable housing in the state, but are often created through general revenue measures, rather than specifically for affordable housing due to the less stringent vote requirements. A companion measure, requiring a two-thirds majority to pass, is required to accompany a general revenue measure to clarify the use of collected funds, such as the diversion of funds to a WRCOG-administered trust for housing. For example, the City of Santa Rosa has a real estate transfer tax collected based on the sale of homes in the city, which provided approximately $3.8 million in FY 2019-2020. This money is funneled to the General Fund and then, per the companion measure, transferred to the housing trust fund for housing -related programs annually. TRANSIENT OCCUPANCY TAX The transient occupancy tax (TOT) is a voter -approved tax that is charged for the use of any transient occupancy facility, such as a hotel. The tax is required to be paid by the guest to the operator of the transient facility at the time that rent is paid. Ajurisdiction can allocate the TOT collection toward affordable housing by establishing a nexus to the generated need for and/or loss of affordable housing in the local jurisdiction's TOT ordinance. For example, a hotel, lodging, or short-term rental generates significant income for local jurisdictions. Hotels and motels create many low -paying jobs in areas that often lack affordable housing for these workers. Additionally, short-term rentals, such as Airbnbs and vacation rentals by owner (commonly known as VRBOs) reduce the supply of housing available for sale or long-term rental and increase the costs of long-term rents overall. Page 143 Only two jurisdictions in Western Riverside County do not have a TOT: the cities of Eastvale and Wildomar. All other WRCOG member jurisdictions have TOTs in place, ranging from 8 to 13 percent." Often, short- term rentals are not included in the TOT's definition of transient occupancy facilities, so these facilities are exempt. WRCOG member jurisdictions can leverage funds from local TOTs to support a housing trust fund by imposing a new TOT (Eastvale or Wildomar), increasing the existing TOT, or revising the definition of transient occupancy facilities to include short-term rentals. By law, a new TOT or increase to an existing TOT rate requires a majority vote of the general public. TOT revenues are typically allocated to the general fund, unless approved as a special TOT tax, which requires a two-thirds vote for approval. A special TOT tax would allow direct allocation of funds to affordable housing upon demonstrating a reasonable nexus. There is no statewide cap on the TOT. The City of Sacramento has a TOT rate of 12 percent and increased revenue collected from the TOT by including short-term rentals in their definition of transient occupancy facilities beginning in 2016. The additional revenue collected is allocated to affordable housing. Both the City of Pismo Beach and the Town of Mammoth Lakes have enacted TOT ordinances on short-term rentals and annually allocate collected taxes towards the creation of affordable housing. Pismo Beach's Municipal Code Chapter 17.09 provides an example TOT ordinance with model nexus language, and the Town of Mammoth Lakes provides clear definitions for all transient occupancy facilities that generate taxable revenue for member cities to reference. 18,19 FEES Fees are a pragmatic strategy to generate revenue from private entities without imposing blanket taxes on the general public. In addition, fees do not require voter approval to be initiated; they simply need approval from the local government's elected body. Fees require a nexus be established between the activity charged and the resulting activity funded, thereby ensuring that money is reinvested into the community. Common fees imposed by local governments that could support a housing trust are described below. DEVELOPMENT IMPACT FEES AND COMMERCIAL LINKAGE FEES Many jurisdictions have impact and commercial linkage fees to support affordable housing. Commercial linkage fees may be assessed on all new non-residential development under the assumption that the facilities will stimulate the creation of low -wage jobs but will not provide on -site affordable housing for low -wage workers. Los Angeles, San Diego, and West Hollywood have all adopted commercial linkage fees for housing production. Similarly, housing impact fees may be assessed on new market -rate residential development under the assumption that new residents will generate increased demand for services and, "The WRCOG member jurisdictions have the following TOTS in place as of June 2020: Banning, 12%; Beaumont, 10%; Calimesa, 10%; Canyon Lake, 10%; Corona, 10%; Jurupa Valley, 10%; Hemet, 10%; Lake Elsinore, 10%; Menifee, 10%; Moreno Valley, 13%; Murrieta, 10%; Norco, 11%; Perris, 10%; Riverside, 13%; Riverside County, 10%; San Jacinto, 8%; Temecula, 8%. 18 City of Pismo Beach Municipal Code, 2020, https://www.prcity.com/DocumentCenter/View/25961/Pismo-Beach-Outside- Coastal-Zone-Short-Term-Rental-Ordinance, accessed April 8, 2020. 19 Town of Mammoth Lakes Municipal Code, 2020, https:Hlibrary.mu nicode.com/ca/mam moth_lakes_/codes/code_of_ordi nances?nodeld=TIT3REFl_CH3.12TROCTA#TIT3 RE FI_CH3 .12TROCTA_3.12.040TAIM, accessed April 8, 2020. Page 144 in turn, low -wage jobs to fulfill that demand. The fee revenue is distributed to support the development of housing affordable for the new employees and/or residents attracted to the new development. Local jurisdictions could deposit these linkage or housing impact fees into the housing trust fund. To enact a fee for the housing trust, existing fees could be diverted to the housing trust fund by a vote of the local jurisdictions' governing bodies, or a new developer impact fee or commercial linkage fee could be established in individual jurisdictions.20 City and county staff would prepare an ordinance and resolution to specify such details as the fee's purpose, nexus to affordable housing, and methods for fee calculation. INCLUSIONARY ZONING IN -LIEU FEES Over 150 California cities have adopted inclusionary housing programs that require new housing developments meeting certain criteria to provide a percentage of affordable housing as a condition of development of both owner and renter -occupied housing. These programs generally allow in -lieu fees to be paid as an alternative to direct construction of the required housing; such in -lieu fees could be allocated to a housing trust. To do so requires an ordinance approved by the jurisdiction's elected body. Two WRCOG member cities, Calimesa and Jurupa Valley, have inclusionary zoning requirements, requiring 5 and 4 percent of new housing developments be reserved as affordable, respectively. Some cities explicitly require that the money obtained from in -lieu fees be invested back into the community where fees are incurred, which can make the funding more difficult to utilize through a regional housing trust. DOCUMENT RECORDING FEE Local jurisdictions can adopt a document recording fee placing a surcharge on the $75 administrative fee set by the State to generate income for the housing trust fund. The additional recording fee must be approved by a majority vote of the public. For the fee to be explicitly dedicated for affordable housing, it would need to be approved by two-thirds of voters as it would be considered a special fee. BUSINESS LICENSE FEES Cities and counties can charge an annual business license fee for continued operation in their jurisdiction. The fees can be tiered according to business size and type to ensure small businesses or non-profit organizations are not overburdened. When used for housing trusts, fees are typically funneled to the jurisdiction's general fund as they are collected and an appropriation is transferred to the housing trust fund on an annual basis. The City and County of San Francisco assesses such a fee for allocation to the housing trust fund. LOANS Once provided with base funding, housing trust funds often lend money to private or nonprofit developers for affordable housing projects. Revolving loan funds are one example of the types of loans 20 Institute for Local Government, 2007, Establishing a Local Housing Trust Fund, https://www.ca-ilg.org/sites/main/files/file- attachments/resources_Local_Housing_Trust_Fund_O.pdf, accessed March 23, 2020. Page 145 that housing trusts often offer and, due to their unique ability to "clean" money, explored below, they are considered here as a type of funding source. REVOLVING LOAN FUND Housing trusts can provide reduced rate financing for construction or purchase of affordable housing. Loan repayments can then be used to create a revolving fund that allows the trust fund to make additional investments. While this is not an option to fund start-up costs, a loan repayment program would provide the housing trust fund with ongoing revenue, strengthening the fund's stability and longevity. Arlington County, Virginia, finances the creation of affordable housing with support from loan repayments and developer contributions in addition to the County's general fund allocations and document recordation fees. In FY 2019, the County reported $14.3 million allocated to its housing trust fund and estimated that every dollar of County loan funds leveraged three dollars in private funds.21 While this revenue source does not generate considerable new funding (it primarily recycles existing funds), it allows trusts to better tap into restricted funding sources. Not only does a revolving loan fund help the trust maintain a consistent revenue source over time, it also allows trusts to "clean" money received from grants with strict requirements. Once money has been repaid by developers or first-time homebuyers through the revolving loan fund, it is essentially "clean" for the trust to use at its own discretion. This function generates one of the largest sources of non -restricted funds for trusts over time. PRIVATE SOURCES PRIVATE DONATIONS Individuals, corporations, or organizations can pledge one-time or ongoing funds to a housing trust. For example, the Silicon Valley Housing Trust (SVHT) was established using a $2 million grant from Santa Clara County, matched by $1 million donations each from Adobe, Applied Materials, Cisco Systems, Intel, KB Homes, and Solectron. While Western Riverside County does not have the same large supply of multi- million dollar corporations as Silicon Valley, the housing trust could solicit funds from prominent private employers in the region such as Amazon, the Corona Regional Medical Center, J. Ginger Masonry, Kleinfelder Construction, Parkview Community Hospital Medical, Pechanga Resort & Casino, Riverside Community Hospital, Riverside University Health, Southwest Healthcare System, Inland Empire Health Plan, and other large employers. In particular, it may be possible to leverage investments by health care providers given the linkage between homelessness and health care services. COMMUNITY BENEFIT AGREEMENTS Community Benefit Agreements (CBAs) are an effective tool to extend a developer's commitment to provide a range of community benefits related to a new development project. In exchange for public support from a community group(s) for the development project, the developer enters into a contract with the community group. CBAs are voluntary agreements, and agreement details related to amenities, 21 Arlington County, https:Hhousing.arlingtonva.us/development/financial-tools/, accessed on April 3, 2020. Page 146 mitigations, or funds contributed are negotiated between the community groups and developers. The expansion of health centers, universities, or other major developments present an opportunity for CBAs that include payments to a housing trust fund, as support services staff and maintenance staff would qualify for affordable housing negotiated in a CBA. In California, government representatives sometimes serve as formal CBA signatories to facilitate agreements between these groups. WRCOG could collaborate with member jurisdictions to engage medical centers and the University of California, Riverside as they develop plans to expand. OTHER FUNDING SOURCES In addition to bonds, grants, taxes, fees, and loan repayment, housing trusts may receive support from other non -recurring sources of funding. These sources are described below. DISCRETIONARY LOCAL REVENUES Local jurisdictions can opt to contribute directly to local or regional housing trust funds from discretionary local revenues in their general fund. Upon the dissolution of redevelopment agencies (RDAs) in 2012, the State funds collected from local property taxes previously allocated to RDAs for housing were redirected back into city and county general funds, making local governments the successor agencies responsible for winding down RDA activities and seeing through existing obligations. Local governments still collect revenues owed to dissolved RDAs and can opt to divert a percentage of these funds from the general fund into a separate fund for affordable housing, including to a housing trust. This has been done in numerous communities, including Alameda County where 20 percent of RDA funds, between $S million and $7 million each year, have been allocated the Alameda County Affordable Housing Trust Fund. SALE OF PUBLICLY -OWNED LAND Some housing trusts have been able to access unrestricted proceeds from the sale of publicly owned land. In addition to city- and county -owned lands, housing trusts can work with local school districts and transit agencies as partners to auction available land and may offer technical assistance to facilitate the sale. Trusts receive a percentage of proceeds from the sale as a voluntary donation from the local government or public agency. Page 147 Item 5.B Regional Housing Trust Initiative Attachment 2 Housing Trust Work Plan Task 1- Additional Due Diligence Research What additional data or outreach do we need to do to start our Stakeholder outreach process? What are typical best practices for a similar entity. Before the white paper is ready to circulate and be presented to committees, final packaging of the document will occur and a separate document with only the Executive Summary will be prepared for Rick's review. In preparation of anticipated questions from member jurisdictions, a budget analysis will be prepared that will show the approximate monetary contribution each participating jurisdiction would need to contribute as "membership dues". A Frequently Asked Question document and other potential collateral (e.g. infographic) will also need to be created as a quick reference that can be distributed to interested parties. Schedule: July 15-August 28 Work Product: • Finalized white paper • Executive Summary standalone document • Budget analysis o Minimum -maximum contributions per jurisdiction per year ■ Confirm whether the $220k best practice -recommended funding amount listed in the paper is what WRCOG wants to target. ■ Come up with the allocation based on population per jurisdiction if all jurisdictions participate versus other scenarios, e.g. 50% of population, versus 25% of population. ■ Determine if Permanent Local Housing Allocation (PLHA) allocations can be used as participating jurisdictions' contributions • Confirm which jurisdictions are submitting a PLHA application for 2020, which may indicate that the funds have already been programmed and are not available. • The 2020 NOFA period accepted applications from April 27 to July 27, 2020. If these are to be used for local jurisdiction contributions, they will not be available until approximately April of 2021 when NOFA opens. WRCOG could use REAP funding to support initial development including JPA formation and potentially Administrative Plan development until then and be prepared to launch upon jurisdictional funding commitment. • FAQ document • Draft proposed timeline to launch, based on use of PLHA funding or not • Determine outreach material branding Responsible Staff: Ivana with assistance from PlaceWorks as directed Assistance Needed: Chris input Best Practices: The recommended model of governance is a JPA/ non-profit. This allows smaller communities with limited resources the ability to create affordable housing and address the housing shortage at a regional level. It is crucial to have local support from the public and decision -makers in order to establish a housing trust. Lack of community support often stems from misinformation regarding the greater need for more affordable housing, so an effective campaign and outreach is critical for success. Task 2- Stakeholder Outreach What specific persons are we going to contact about this topic? What WRCOG committees will be used for this effort? In addition to the WRCOG committee structure, staff should meet one on one with jurisdiction staff to establish housing needs for localized areas and the region. This would encourage participation from all jurisdictions and shape the strategy for specific housing programs the trust can undertake. These needs would inform the activities allowed and prioritized in the Administrative Plan drafted in later steps and would inform campaign goals and messaging. This process should be integrated with the regional housing needs allocation (RHNA) and preparation and implementation of local housing elements to the extent possible, both taking cues from and informing these other planning documents. Other stakeholders, specifically the BIA and affordable housing builders (National CORE) should be met with to discuss goals and vision. Schedule: September 1-30 Work Product: • A standardized ppt/slide deck to show at committee meetings (PDC, TAC, Admin & Finance, Exec) or stakeholder meetings that articulates what a housing trust is and why it is needed in the region. • Housing need survey with eligible activities of a Housing Trust o new construction of affordable housing o predevelopment activities for affordable housing development o down payment assistance for developers or first-time homebuyers o preservation or rehabilitation of existing affordable housing o land acquisition for development of affordable housing o establishment of housing for homeless populations Responsible Staff: Chris, Ivana Assistance Needed: Task 3- Potential Governing Structure Is this a WRCOG Program or a Stand-alone agency? What are the pros/cons of each? The Housing Trust should be administered as a new program within WRCOG. Existing staff resources, augmented by consultant support as needed, will be able to support the program's initial formation, but it is anticipated that additional staff will be needed to support the program upon launch. This approach will leverage the agency's in-house staff expertise and existing connection to resources in the region. Other Housing Trust models employ between 1-2 full and part time staff dedicated to administration. This model keeps operating costs low and preserves the low interest rates of its loans, keeping them competitive. Schedule: Depends on above activities- estimate of Jan 2021 Work Product: • Establish Housing Trust governance structure • It is recommended that a WRCOG-administered housing trust be organized as a nonprofit/JPA hybrid to maximize stability and access to funding opportunities. • Amend current JPA or create new one with participating jurisdictions: Identify interested and eligible jurisdictions for participation; determine JPA structuring (amendment to existing WRCOG JPA or establishment of new JPA) depending on whether the trust achieves participation of WRCOG's full membership and participant jurisdictions' interests. • BBK staff to review legal documents Responsible Staff: Chris, Ivana Assistance Needed: Consultant services will be needed to create the Admin Plan. This Admin Plan will be like TUMF's Admin Plan with bylaws and other administrative elements. Task 4- Implementation Plan What Specific Steps are Needed to implement this plan including WRCOG Board action or action of other agencies? In the white paper, a detailed analysis of recommended implementation steps is described. The first few steps of implementation will likely take 1-2 years while the final steps will likely take five to ten years to implement before the housing trust will have stability and funding for programming and standard operation. WRCOG will need Board approval to create or amend a JPA, establishing the creation of the Housing Trust. Participating jurisdictions will need to take formal action by adopting a resolution, similar in structure on how jurisdictions participate in the TUMF program. Schedule: Dependent on previous activities, but JPA should be established before NOFA for PHLA funds is releases for interested jurisdictions to apply their funds to the Housing Trust. Work Product: • Draft ordinance: WRCOG would pass an initial ordinance authorizing its establishment of the regional housing trust fund • Creation of Admin Plan: WRCOG would author an Administrative Plan for agreement by all participating member jurisdictions. • Participating member jurisdictions take formal action to join the regional housing trust by passing an initial ordinance • Jurisdictions will adopt resolutions to join at the jurisdiction level; form the non-profit component of the housing trust. • Activity start-up: Pursue revenue; transition to ongoing implementation Responsible Staff: Chris, Ivana, TBD Consultant, BBK Assistance Needed: Determination of what consultant can draft the admin plan. Task 5- Funding Plan How would we fund implementation and on -going operations? There are several types of suggested revenues sources to pursue in order to implement and sustain the Housing Trust. One initial source of funds could be from the REAP program allocated to WRCOG. It is recommended that the minimum threshold of total contributions from participating jurisdictions should be $230,000 to support housing trust fund activities. Jurisdictions can dedicate PLHA funds to the housing trust as membership dues. Schedule: April 2021- ongoing through trust establishment and management Work Product: • Funding Plan: Strategies/ Best Practices to secure funding • Collect annual membership dues from participating jurisdictions. • Collaborate with local jurisdictions to collect their PLHA allocations (if separate from member dues) to help leverage State matching funding. • Solicit private donations from large local corporations and businesses. • Apply for State matching funding, National Housing Trust Fund grant funding, and other grants. *There are many additional opportunities that could be appropriate depending on the trust priorities and formation structure. Established Trust revenue sources, which would be available once the trust has been operational for multiple years: State and federal grants, such as the California Permanent Local Housing Allocation and National Housing Trust Fund Program Bonds, such as general obligation and revenue bonds Tax increment funds and taxes, such as real estate tax increments, real estate transfer taxes, and transient occupancy taxes Fees, such as development impact, commercial linkage, document recording, business license, and inclusionary zoning in -lieu fees Revolving loan funds, which are revenue replenishing programs housing trusts can administer Private sources, such as donations and community benefit agreements Responsible Staff: Chris, Ivana Assistance Needed: Support needed from experiences staff or on -call consultants such as Blais & Associates in applying for grants and setting up revolving loan funds. Task 6- Communications Strategy How are we going to convey information about this topic and the importance of addressing it? a. Updates to committee structure i. YES b. Publicized events i. Podcast c. Future Forward events i. YES, possibly future forward on the outlook of housing and turn it into how a housing trust establishes a long-term beneficial program that many other regions have already taken advantage of ii. Speakers — Interviews from established Housing Trust staff d. Determine the audience i. Audience is elected officials and jurisdiction staff ii. Housing advocates/stakeholders in the region e. FAQ list i. YES f. Promotional Video i. Maybe Schedule: Ongoing Work Product: • Introduction and updates to WRCOG committee structure o Housing Trust guest speaker • Podcast with Housing Trust official or affordable developer who has worked received a loan from a Hosing Trust and how it benefitted them/why the region needs them • Future Forward Event: State of Housing Responsible Staff: Ivana, Chris Assistance Needed: Elisa and Rachel should be consulted in communication strategy. Potential Future Forward or Podcast. REQUEST TO SPEAK FORMS AND ELECTRONIC SUMBITTED PUBLIC COMMENTS pF FF'.IFFr'' Public Comment: Non -Agenda Item: IV I Item Description or Item No REQUEST TO SPEAK CITY OF TEMECULA Agenda Item: ❑ Future Agenda Item: Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 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 rp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Address: Phone Number: Email address:�� If you are representing an organization or group, please give the name: (nmlrni s y► k,_D I I (Avyn gnu of) Please note that alh'4formation 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 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. � ? Address Email address If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment REQUEST TO SPEAK CITY OF TEMECULA Date: Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No l j ��pYY1N11�✓ti� l�+r�i � �1�T� 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. t 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 ivxv I _ 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 record. Name: VY1 l,� 556". DIti-/hmV'AA — 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. Subject: FW: Support for CLT Establishment with City Leadership From: Aaron Cook < Sent: Tuesday, October 10, 202311:28 AM To: Curtis Brown <curtis.brown @TemeculaCA.eov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Brenden Kalfus <brenden.kalfus@TemeculaCA.gov> Cc: Council Assistant <council.assistant@temeculaca.gov>; Laurel LaMont < ; Melissa Bourbonnais < Subject: Support for CLT Establishment with City Leadership CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members, As a brief summary for the purpose of my email, I support the council moving forward with doing its part to form a CLT in our community with the intended mission of creating and facilitating affordable "for purchase" homes. I also support the city's participation in a WRCOG RLT, including providing funding for the RLT's affordable housing initiatives. As a resident of Temecula and citizen concerned about the cost of housing in our community, I'd like to provide input on Item 14 - Community Land Trusts, for tonight's council meeting. For reference, I'm also a civil engineer with experience in land development, city planning, and city government. City planning and housing policy is one of the most essential roles of the city council. While the agenda report and previous Council presentations show that Temecula has met its state mandated quota of affordable housing units, and Temecula market rate housing has generally been more affordable than other surrounding areas, the problem of affordable and attainable housing in our community has come to a breaking point. I realize this is a problem beyond just the limits of Temecula, but we need to get creative with solutions of all types to do our part to alleviate the national crisis within our area of influence. The creation of a CLT with a broad mission of developing new housing and purchasing existing housing that is focused on long term affordable homes for purchase is one tool among many the city can use to increase the supply of affordable units. Focusing on for purchase homes is key because the affordable rental model that already exists does nothing to help lower income workers establish long term security and the opportunity to build wealth over time, eventually assisting them to move on to market rate opportunities. A CLT would need to be formed with visionary and innovative leadership who will establish community partnerships with key stake holders, including local employers, non -profits, etc. to identify funding sources and creative solutions for making more units available to more members of our community as quickly as possible. Please consider moving forward with the establishment of a CLT for the city of Temecula. And please support the establishment of the WRCOG RHT with funding and participation in the non-profit/JPA as currently proposed and in the works at WRCOG. Thank you for your time and consideration. I'm always happy to make myself available to discuss affordable housing and city planning as a constituent and trained professional in the industry. Sincerely, Aaron Cook Resident, District 1