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12122023 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 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council will meet in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. CALL TO ORDER: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart PRESENTATIONS Certificate of Recognition for Captain Matt Hayes Upon Retirement 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 Page 1 City Council Agenda December 12, 2023 listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of November 28, 2023 Recommendation: That the City Council approve the action minutes of November 28, 2023. Attachments Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Page 2 City Council Agenda December 12, 2023 4. 5. Attachments: Agenda Report Resolution List of Demands Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustments: a. Increase the Operating Transfers In revenue account (001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60). b. Increase the Operating Transfer Out operating account (100. 164.999.590 1) by $60 to reflect a higher transfer than anticipated to the General Fund. c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund. d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense. e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and 3. Appropriate the following Fiscal Year 2023-24 Expenditures: a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. b. Remit a $2 million Additional Discretionary Payment (ADP) towards the Ca1PERS Pension Unfunded Liability from surplus General Fund Balance. c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post -Employment Benefits Trust to pay down the unfunded liability. Attachments: Agenda Report Citv Fund Summaries Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: Page 3 City Council Agenda December 12, 2023 6. 7. ORDINANCE NO.2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3) Attachments: Agenda Report (lydinnnrP Award Construction Contract to Beador Construction Company, Inc. for the I-15 Congestion Relief Project, PW 19-02 Recommendation: That the City Council: 1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW 19-02; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and 3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Cnntrnot Project CIP Budget Sheet Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 Recommendation That the City Council: 1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and Page 4 City Council Agenda December 12, 2023 8. 2. Reject all construction bids received for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and 3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 for construction bids. Attachments: Agenda Report Bid Withdrawal - Leonida Builders, Inc. CIP Budget Sheet Project Location Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations - Phase 1, PW 19-07 Recommendation Attachments: That the City Council: 1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations - Phase 1, PW19-07 by $70,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $70,000. Agenda Report Project Description Project Location 9. Accept Improvements and File the Notice of Completion for Traffic Signal - Promenade Mall Ring Road, PW21-15 Recommendation: That the City Council: 1. Accept the Improvements for Traffic Signal - Promenade Mall Ring Road, PW21-15, 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. Page 5 City Council Agenda December 12, 2023 Attachments: Agenda Report Notice of Completion Maintenance Bond Contractor's Affidavit & Final Release 10. Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COST PARTICIPATION AGREEMENT BETWEEN CITY OF TEMECULA AND WINGSWEEP CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT 2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP on behalf of the City of Temecula. Attachments: Agenda Report Resolution Agreement Agreement Exhibits 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 6 City Council Agenda December 12, 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. 11. Approve Action Minutes of November 28, 2023 Recommendation: That the Board of Directors approve the action minutes of November 28, 2023. Attachments: Action Minutes 12. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustment: a. Increase the TCSD Service Level "L" - Lake Park Maintenance Fund Utilities operating account (196.180.999.5240) by $5,100 to cover the higher than anticipated utilities cost. Page 7 City Council Agenda December 12, 2023 Attachments: Agenda Report TCSD Fund Summaries 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, January 9, 2024, 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 December 12, 2023 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart SARDA 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. SARDA 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 Successor Agency to the Redevelopment Agency 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. 13. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2023. Attachments: Agenda Report SARDA Fund Summaries 14. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 Through June 30, 2025 (ROPS 24-25) Recommendation: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT Page 9 City Council Agenda December 12, 2023 SCHEDULE FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH Attachments: Agenda Report Resolution - ROPS Exhibit A - ROPS Resolution - Administrative Budget Exhibit A - Administrative Budget SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 9, 2024, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 10 City Council Agenda December 12, 2023 TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY/CITY COUNCIL CALL TO ORDER: Chair Zak Schwank ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart TPFA/COUNCIL PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA/COUNCIL CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. 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. 15. Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Prado Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - PRADO RESOLUTION NO. TPFA Page 11 City Council Agenda December 12, 2023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO -PRADO Attachments: Agenda Report City - Resolution TPFA - Resolution Petition of the Developer Deposit/Reimbursement Agreement TPFA/COUNCIL EXECUTIVE DIRECTOR REPORT TPFA/COUNCIL BOARD OF DIRECTOR REPORTS TPFA/COUNCIL ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, January 9, 2024, 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 12 City Council Agenda December 12, 2023 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of a project at the time of the hearing. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at or prior to the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to CouncilComments@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. At public hearings involving land use matters, the property owner and/or applicant has the burden of proof and, therefore, shall be allowed 15 minutes for an initial presentation, and an additional 10 minutes for rebuttal by its development team following other comments on the matter. An appellant, other than the property owner and/or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property, which is the subject of the public hearing, shall be allowed 15 minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the property owner, applicant or appellant. All other members of the public may speak during the public hearing for a maximum period of 5 minutes each. Deferral of one speaker's time to another is not permitted. In the event of a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 16. Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Page 13 City Council Agenda December 12, 2023 Attachments: Agenda Report (lydinnncP PC Resolution No 2023-22 Notice of Public Hearing Notice of Exemption Senate Bill 9 Interim UrLyencv Ordinance No. 2022-03.2022-05 and 2023-01 CC S139 Alleviation Report 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. 17. Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc. Recommendation: That the City Council: 1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and 3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras. Attachments: Agenda Report Agreement 18. Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW Page 14 City Council Agenda December 12, 2023 BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE Attachments: Agenda Report Resolution JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT 19. Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024 Recommendation: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and 2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024. Attachments: Agenda Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 9, 2024, 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. 101311lei Do11111Y.1Doa".11014 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 Page 15 City Council Agenda December 12, 2023 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 16 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 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 NOVEMBER 28, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to two matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation. CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Antonio Madrigal of The Eschatologist FLAG SALUTE: Terry Gilmore ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart PRESENTATIONS Certificates of Recognition to Temecula Preparatory School Girls Volleyball CIF Champions Certificates of Recognition to Temecula Pony All Stars 14U Western Division Champions BOARD / COMMISSION REPORTS Community Services Commission, 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: 0 Laurel Lamont 0 Melissa Bourbannais PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Adam Eventov (Item #10) • Terry Gilmore (Item #15) • Kelly Aven (Item #15) • Bob Brown (Item #15) • John Meyer (Item #15) CITY COUNCIL REPORTS CONSENT CALENDAR • Kim Wilder (Item #15) • Phyllis Ruse (Item #15) • Ginger Safstrom (Item #15) • Gary Oddi (Item #16 and 417) 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 November 14, 2023 Recommendation: That the City Council approve the action minutes of November 14, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance No. 2023-11 Amending Title 17 of the Temecula Municipal Code to Implement the Programs in the City's Housing Element (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, 2 LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) REVISING REASONABLE ACCOMMODATION REGULATIONS, (11) REVISING PARKING STANDARDS FOR MULTI -FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (12) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (13) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15162 5. Adopt Ordinance No. 2023-12 Amending Title 17 of the Temecula Municipal Code Pertaining to Accessory Dwelling Unit Regulations (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17.23 OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT (ADU) REGULATIONS AND PROVIDING THAT ADUS ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, AND REVISING ADU REGULATIONS, AND MAKING A FINDING THAT THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17 6. Approve City Council Meeting Schedule for December 2023 Recommendation: That the City Council approve the cancellation of the December 26, 2023 meeting. 3 7. Approve Grant Agreement with the Department of Housing and Urban Development for Community Project Funding for the DePortola Road/Jedediah Smith Road Roundabout Project, PW23-01 Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO APPROVE THE GRANT AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR COMMUNITY PROJECT FUNDING (CPF) AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND ALL PERTINENT SUPPLEMENTAL DOCUMENTS 8. Approve Grant of Public Utility Easement and Temporary Construction Easement on Property Owned by Lone Stores, California, L.L.C. in Connection with the Santa Gertrudis Creek Phase II - Margarita Under -Crossing (APN 920-080-020) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN GRANT OF PUBLIC UTILITY EASEMENT AND THE TEMPORARY CONSTRUCTION EASEMENT GRANTED BY LONGS DRUG STORES CALIFORNIA, L.L.C. IN CONNECTION WITH THE SANTA GERTRUDIS CREEK PHASE II — MARGARITA UNDER -CROSSING, PW19-04 AND MAKING FINDINGS THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AND SECTION 21166 OF THE PUBLIC RESOURCES CODE (APN 920-080-020) 9. Approve Agreements with Hewlett-Packard Financial Services Company for Technology Infrastructure and DataBank Holdings Ltd. for Disaster Recovery Colocation Services Recommendation: That the City Council: 1. Approve a five-year Master Lease Purchase Agreement with Hewlett-Packard Financial Services Company for equipment and services for technology infrastructure for an annual amount of $489,040.12 and a total agreement amount of $2,445,220.60 including tax; and 2. Approve a Master Services Agreement with DataBank Holdings Ltd. for disaster recovery colocation services, the cost of which is included in the lease amount; and 4 3. Approve contingency in the amount of $244,520 which is equal to 10% of the agreement amount, for a total agreement amount of $2,689,720.60. 10. Approve First Amendment to Community Reinvestment Program Funding to California State University San Marcos for Facility Improvements at Mount San Jacinto College, Temecula Valley Campus Recommendation: That the City Council: 1. Approve the first amendment to Community Reinvestment Program funding to California State University San Marcos for facility improvements at Mount San Jacinto College, Temecula Valley Campus; and 2. Authorize the City Manager to execute related amendment(s) or agreements. 11. Approve Second Amendment to Agreement with Falcon Engineering Services, Inc. for On -Call Construction Management Services Recommendation: That the City Council approve the second amendment to the agreement with Falcon Engineering Services, Inc. for on -call construction management services, to increase payment in the amount of $500,000, for a total agreement amount of $1,500,000. 12. Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10 Recommendation: That the City Council: 1. Accept the construction of the Pavement Rehabilitation Program - Citywide, Ynez Road, Solana Way, Nicolas Road and Winchester Road, PW21-10, 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. RECESS: At 7:07 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:12 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 14. Introduce Ordinance Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. BUSINESS 15. Approve 2023 Annual Public Recognitions Pursuant to Policy (At the Request of Subcommittee Members Alexander and Stewart) Recommendation: That the City Council approve the 2023 annual public recognitions pursuant to the related policy. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 16. Adopt Complete Streets Program Policy Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A COMPLETE STREETS PROGRAM THAT AIMS TO ENSURE ROADWAYS ACCOMMODATE AND PRIORITIZE THE NEEDS OF ALL USERS AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA 6 ENVIRONMENTAL QUALITY ACT (LONG RANGE PROJECT NO. LR23-0043) Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. 17. Receive Update Regarding the Nicolas Road Multi -Use Trail Extension Recommendation: That the City Council affirm plans for the construction of the Nicolas Road Extension and Nicolas Road Multi -Use Trail as recommended by the Trails/Open Space Ad Hoc Subcommittee consisting of Mayor Schwank and Mayor Pro Tempore Stewart. Approved the Staff Recommendation (5-0): Motion by Alexander, Second by Kalfus. The vote reflected unanimous approval. DEPARTMENTAL REPORTS (RECEIVE AND FILE) 18. Community Development Department Monthly Report 19. Fire Department Monthly Report 20. Police Department Monthly Report 21. Public Works Department Monthly Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney announced that in closed session the City Council, by a vote of 5-0, approved a settlement with Argonaut Insurance Company, the surety on the Temecula Parkway Park and Ride Project, in the amount of $136,840 for the benefit of the City. No other actions to report. ADJOURNMENT At 7:45 PM, the City Council meeting was formally adjourned to Tuesday, December 12, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. FW Adjourned in Memory of Retired Community Service Officer II Lynn Fanene 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: December 12, 2023 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance 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 $3,250,176.95. 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 12th day of December, 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 12th day of December, 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 11/13/2023 - 11/24/2023 TOTAL CHECK RUN: 11/22/2023 TOTAL PAYROLL RUN: 2,500,419.13 749,757.82 TOTAL LIST OF DEMANDS FOR 12/12/2023 COUNCIL MEETING: g 3,250,176.95 Check# Check Date Vendor# Vendor Invoice# Description Invoice Net 300887 11/16/2023 1288 2 HOT UNIFORMS INC 5913 UNIFORMS: TCC: FIRE $332.21 300887 11/16/2023 1288 2 HOT UNIFORMS INC 5189 UNIFORMS: TCC: FIRE $435.00 300887 11/16/2023 1288 2 HOT UNIFORMS INC 5909 UNIFORMS: TCC: FIRE $143.01 300954 11/21/2023 1772 ADAME LANDSCAPE INC 525198 PARKING GARAGE SWEEPING/GLEANING: PW $540.00 300888 11/16/2023 1206 AFLAC PREMIUM HOLDING Ben349799 AFLAC ACCIDENT INDEMNITY PAYMENT $3,063.79 300890 11/16/2023 1236 ALL AMERICAN ASPHALT 204211 RETENTION RELEASE: MEADOWVIEW/PALOMA DEL SOL $240,379.15 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1161250 ASPHALT SUPPLIES: STREET MAINT: PW $638.66 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1162814 ASPHALT SUPPLIES: STREET MAINT: PW $233.93 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1162913 ASPHALT SUPPLIES, PW STREET MAINTENANCE $426.71 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1161251 ASPHALT SUPPLIES: STREET MAINT: PW $637.65 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1162337 ASPHALT SUPPLIES: STREET MAINT: PW $528.65 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1163289 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $238.98 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1163954 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $249.98 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1163955 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $478.53 300889 11/16/2023 1236 ALL AMERICAN ASPHALT 1164082 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $450.24 600871 11/22/2023 1512 ALLEGRO MUSICAL VENTURES INC 27109 PIANO SVCS:THEATER:TCSD $280.00 300891 11/16/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108 - 4 BIKE AND TRAIL WAYFINDING (LR23-0167) $10,322.50 600804 11/16/2023 1418 AMAZON.COM, INC 1FFK-R6CF-WTWN MISC SUPPLIES: CRC: TCSD $3,352.18 600804 11/16/2023 1418 AMAZON.COM, INC 1W7C-NC4N-7VNR SUPPLIES: MPSC & MRC $1,515.06 600804 11/16/2023 1418 AMAZON.COM, INC 1JYJ-VKLK-96WY SUPPLIES: SPORTS: TCSD $407.80 600805 11/16/2023 1418 AMAZON.COM, INC 1N9K-1JLR-4RM1 SMALL TOOLS/EQUIPMENT: PW - LAND DEV $152.31 600804 11/16/2023 1418 AMAZON.COM, INC 1G6C-YNFT-3N66 SUPPLIES: LIBRARY $159.22 600804 11/16/2023 1418 AMAZON.COM, INC 1JTY-MLWD-7KWK SUPPLIES: TVM $279.10 600804 11/16/2023 1418 AMAZON.COM, INC 1KV1-6VRQ-4CFG MISC HARDWARE SUPPLIES: TVM ($678.24) 600805 11/16/2023 1418 AMAZON.COM, INC 11KJ-1WY1-64VN MISC SUPPLIES: INFO TECH $77.86 600804 11/16/2023 1418 AMAZON.COM, INC 1PML-MNL4-76RL SUPPLIES: POLICE $679.46 600804 11/16/2023 1418 AMAZON.COM, INC 11LF-7M1M-D4JJ MISC SUPPLIES: WORKFORCE DEV $315.65 600804 11/16/2023 1418 AMAZON.COM, INC SMF6-1C9Q-6CHX MISC SUPPLIES: NM: TCSD $355.04 600804 11/16/2023 1418 AMAZON.COM, INC 16PH-174K-7N7Y OFC SUPPLIES: HR $235.76 600872 11/22/2023 1418 AMAZON.COM, INC 196V-J3G9-7PF6a ENGINE WASHING AND DETAILSUPPLIES : FIRE STATIONS $533.00 600872 11/22/2023 1418 AMAZON.COM, INC 196V-13G9-7PF6b SMALLTOOLS & EQUIPMENT: FIRE $810.00 600872 11/22/2023 1418 AMAZON.COM, INC 1JNL-6JFL-7QD7 MISC SUPPLIES: COMM DEV $40.11 600872 11/22/2023 1418 AMAZON.COM, INC 1N9K-1JLR-6H69 MISC SUPPLIES: PW $476.96 600872 11/22/2023 1418 AMAZON.COM, INC 1LCX-YFIK-1PD1 MISC OFC SUPPLIES: CITY CLERK $130.18 600872 11/22/2023 1418 AMAZON.COM, INC 1MGK-NJQ4-9YQ3 MISC. SUPPLIES: TCSD: HOMELESS OUTREACH $877.71 600872 11/22/2023 1418 AMAZON.COM, INC 1TQP-MLM4-4KFQ MISC SUPPLIES: CITY MGR $156.60 600872 11/22/2023 1418 AMAZON.COM, INC 1QXR-WWMR-1TXG MISC SUPPLIES: MPSC: TCSD $868.57 600806 11/16/2023 1261 AMERICAN FORENSIC NURSES AFN 78247 DEC STAND BY FEE:POLICE $1,485.90 600806 11/16/2023 1261 AMERICAN FORENSIC NURSES AFN 78273 DRUG ALCOHOL ANALYSIS: PD $64.86 600807 11/16/2023 1080 AMERICAN RED CROSS 22632447 STAFF CERTIFICATIONS:TCSD $632.00 300892 11/16/2023 1000 APPLEONE INC S9661040 TEMPORARY STAFFING SVCS: FINANCE $5,217.52 600808 11/16/2023 1805 AQUA CHILL OF SAN DIEGO 20074978 DRINKING WATER SYSTEM MAINT: TVM $28.55 600808 11/16/2023 1805 AQUA CHILL OF SAN DIEGO 20074979 DRINKING WATER SYSTEM MAINT: MPSC $35.89 600808 11/16/2023 1805 AQUA CHILL OF SAN DIEGO 20074980 DRINKING WTR SYS MAINT: MALL PD $62.53 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074974 DRINKING WTR SYS MAINT: HARVESTON PARK $28.56 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074975 DRINKING WTR SYS MAINT: TPL $28.55 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074965 DRINKING WTR SYS MAINT: AULD: POLICE $62.53 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074984 DRINKING WTR SYS MAINT: JRC $28.55 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074926 DRINKING WATER SYSTEM MAINT: CRC AQUATICS $69.60 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074982 DRINKING WTR SYS MAINT: CIVIC CTR $213.97 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074981 DRINKING WTR SYS MAINT: FOC $28.55 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074921 DRINKING WATER SYSTEM MAINT: TCC $28.55 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074976 DRINKING WTR SYS MAINT: THEATER $28.55 600873 11/22/2023 1805 AQUA CHILL OF SAN DIEGO 20074983 DRINKING WTR SYS MAINT: SPORTS PARK: PW $69.60 300893 11/16/2023 2777 ARAMARK SERVICES INC 300675 BEVERAGE SERVICES: FACILITIES ($111.00) 300893 11/16/2023 2777 ARAMARK SERVICES INC 7529422 BEVERAGE SERVICES, FACILITIES $111.00 300893 11/16/2023 2777 ARAMARK SERVICES INC 3591652 BEVERAGE SERVICES, FACILITIES $54.38 300893 11/16/2023 2777 ARAMARK SERVICES INC 106017839 BEVERAGE SERVICES, FACILITIES $173.43 300893 11/16/2023 2777 ARAMARK SERVICES INC 106017838 BEVERAGE SERVICES, FACILITIES $1,452.50 300893 11/16/2023 2777 ARAMARK SERVICES INC 106017837 BEVERAGE SERVICES, FACILITIES $220.19 300955 11/21/2023 2777 ARAMARK SERVICES INC 003566165 BEVERAGE SERVICES, FACILITIES $91.24 300894 11/16/2023 2442 ASCENT ENVIRONMENTAL INC 20210169.02 - 17 PA22-0105 TEMECULA VALLEY HOSP $487.50 300895 11/16/2023 2242 AT&T 484615 LOCATION/ACTIVATION FEES: POLICE $250.00 600874 11/22/2023 2381 AYERS WILLIAM BRIAN 2929 ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW $600.00 600874 11/22/2023 2381 AYERS WILLIAM BRIAN 2926 ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW $5,100.00 600875 11/22/2023 2073 AZTEC LANDSCAPING INC J1628 OCT RESTROOM MAINTENANCE SVCS: PARKS: PW $9,580.39 600809 11/16/2023 1980 B G P RECREATION INC 4005.203 2nd half TCSD INSTRUCTOR EARNINGS $3,024.00 600876 11/22/2023 1980 B G P RECREATION INC 4005.2041ST PMT TCSD INSTRUCTOR EARNINGS $3,307.50 300896 11/16/2023 1669 BAKER AND TAYLOR INC 2037877755 BOOK COLLECTIONS: RHRTPLTCSD $84.10 300896 11/16/2023 1669 BAKER AND TAYLOR INC 2037857771 BOOK COLLECTIONS: RHRTPL TCSD $92.47 300896 11/16/2023 1669 BAKER AND TAYLOR INC 2037857772 BOOK COLLECTIONS: RHRTPL TCSD $1,236.68 300896 11/16/2023 1669 BAKER AND TAYLOR INC 2037877753 BOOK COLLECTIONS: RHRTPL TCSD $53.85 300896 11/16/2023 1669 BAKER AND TAYLOR INC 2037877754 BOOK COLLECTIONS: RHRTPL TCSD $184.70 300897 11/16/2023 1383 BALLET FOLKLORICO 3700.204-3710.204 TCSD INSTRUCTOR EARNINGS $1,540.00 300898 11/16/2023 1909 BAMM PROMOTIONAL PRODUCTS INC 12582 STAFF APPAREL: TCSD $734.58 600810 11/16/2023 3122 BEARD RYAN 2200.203-2210.202 TCSD INSTRUCTOR EARNINGS $13,188.00 600877 11/22/2023 2524 BEHAVIORAL ANALYSIS TRAINING INC IV03298 STAFF TRAINING: TEM SHERIFF $575.00 300899 11/16/2023 1095 BIG EAR AUDIO LLC INV-05038 ROCKTOBER AUDIO EQUIPMENT: TCSD $3,000.00 600878 11/22/2023 2529 BIKE SHOP OF TEMECULA THE 858B BICYCLE MAINTENANCE: TEM SHERIFF $1,401.15 300900 11/16/2023 1264 BIO TOX LABORATORIES 45065 PHLEBOTOMY SERVICES: PD $448.83 300900 11/16/2023 1264 BIO TOX LABORATORIES 45005 PHLEBOTOMY SERVICES: PD $2,185.60 300900 11/16/2023 1264 BIO TOX LABORATORIES 45004 PHLEBOTOMY SERVICES: PD $372.69 Check# Check Date Vendor# Vendor Invoice# Description Invoice Net 600811 11/16/2023 1101 BLUETRITON BRANDS INC 03J0036263176 HELP CENTER WATER SERVICE $2.60 600811 11/16/2023 1101 BLUETRITON BRANDS INC 03K6702622575 WATER DELIVERY SERVICES AT THE TVE2 $124.20 600879 11/22/2023 1101 BLUETRITON BRANDS INC 13K0028910578 WATER DELIVERY SVCS: PW $357.80 600880 11/22/2023 2047 BOB CALLAHANS POOL SERVICE 0180 NOV POOL AND FOUNTAIN MAINTENANCE $1,200.00 600880 11/22/2023 2047 BOB CALLAHANS POOL SERVICE 0179 NOV POOL AND FOUNTAIN MAINTENANCE $1,400.00 300901 11/16/2023 1440 EE # 169 Reimb: CASQA Conf REIMB: CASQA CONFERENCE $107.68 600881 11/22/2023 2612 BRAND ASSASSINS 22575 OPEN PO MILITARY BANNER PROGRAM $297.40 300902 11/16/2023 1342 CALIF ASSOC OF CODE ENFORCEMENT OFFICERS 300018603 MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER $100.00 300902 11/16/2023 1342 CALIF ASSOC OF CODE ENFORCEMENT OFFICERS 300018593 MEMBERSHIP RENEWAL: CODE ENFORCEMENT OFFICER $100.00 300902 11/16/2023 1342 CALIF ASSOC OF CODE ENFORCEMENT OFFICERS 300018536 MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER $100.00 300902 11/16/2023 1342 CALIF ASSOC OF CODE ENFORCEMENT OFFICERS 300018585 MEMBERSHIP DUES: CODE ENFORCEMENT OFFICER $100.00 300903 11/16/2023 1062 CALIF DEPT OF CONSUMER AFFAIR Lic Renewal 74638 LICENSE RENEWAL: CIP: PW $180.00 300903 11/16/2023 1062 CALIF DEPT OF CONSUMER AFFAIR Lic Renewal 59602 LICENSE RENEWAL: CIP: PW $180.00 300903 11/16/2023 1062 CALIF DEPT OF CONSUMER AFFAIR Lic Renewal 7933 LICENSE RENEWAL: LAND DEV: PW $180.00 300903 11/16/2023 1062 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FACILITIES $12.74 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220938 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220950 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220426 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220424E UNIFORMS: STREET MAINTENANCE $5.67 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219686 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219684 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219674 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219673 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219667 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217909B UNIFORMS: STREET MAINTENANCE $5.67 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217911 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218418 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218404 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218416 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 600842 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218403 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219160E UNIFORMS: STREET MAINTENANCE $5.67 600843 11/16/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219162 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220425 UNIFORMS: STREET MAINTENANCE $68.17 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220424A UNIFORM: PARKS AND FACILITIES $63.21 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132220951 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY CM 13816-01A OPEN CREDITS ON ACCT 13816-01 ($334.63) 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219161 UNIFORMS: STREET MAINTENANCE $68.17 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219685 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132221749A UNIFORM: PARKS AND FACILITIES $65.64 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132221749E UNIFORMS: STREET MAINTENANCE $5.67 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132221751 UNIFORMS: STREET MAINTENANCE $68.17 600903 11/22/2023 1336 PRUDENTIAL OVERALL SUPPLY 132221752 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 300928 11/16/2023 1134 RANCHO CALIF BUS PK ASSOC 1077061/OCT-DEC'23 OCT-DEC'23 BUS PK ASSN DUES: DIAZ RD $2,256.71 600844 11/16/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60170903-00 MISC HVAC 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OF JUSTICE 679422a LIVE SCANS:TCSD; CONTRACT CLASSES: TCSD $98.00 600857 11/16/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 679422b LIVE SCANS:TCSD; ADMIN SERVICES: TCSD $373.00 600857 11/16/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 679422c FINGERPRINTING SVCS: HR $490.00 600857 11/16/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 679422e FINGERPRINTING SVCS: PD $4,280.00 600857 11/16/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 686549d SEP FINGERPRINTING SVCS: CUSTODIAL CONTRACT $49.00 600857 11/16/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 679422d AUG FINGERPRINTING SVCS: CUSTODIAL CONTRACT $343.00 300940 11/16/2023 2016 STC TRAFFIC INC 6371 TRAFFIC ENGINEERING SVCS: PW -TRAFFIC $3,082.50 300940 11/16/2023 2016 STC TRAFFIC INC 6431A ON -CALL TRAFFIC ENGINEERING SERVICES: PW -TRAFFIC $2,480.00 300940 11/16/2023 2016 STC TRAFFIC INC 6431B TRAFFIC ENGINEERING SVCS: PW -TRAFFIC $6,787.50 300941 11/16/2023 1112 STRAIGHT LINE GLASS AND MIRROR COMPANY INC 250048 GLASS INSTALLATION: MARGARITA REC CENTER $764.40 600912 11/22/2023 1514 EE# 427 11/09/23 REIMB: THEATER SUPPLIES $88.11 600913 11/22/2023 1712 STUART JENNIFER 3400.201-3450.201 #2 TCSD INSTRUCTOR EARNINGS $12,240.00 300942 11/16/2023 2261 T MOBILE USA INC 9550070635 GPS LOCATE: TEM SHERIFF $125.00 300942 11/16/2023 2261 T MOBILE USA INC 9550429039 GPS LOCATE: TEM SHERIFF $125.00 300964 11/21/2023 2261 T MOBILE USA INC 9551394089 TIMING ADVANCE: PD $50.00 Check# Check Date Vendor# Vendor Invoice# Description Invoice Net 300964 11/21/2023 2261 T MOBILE USA INC 9551394088 TIMING ADVANCE: PD $25.00 300964 11/21/2023 2261 T MOBILE USA INC 9551107974 AREA DUMP: PD $75.00 600858 11/16/2023 1113 TEAMSTERS LOCAL 911 Ben349795 UNION MEMBERSHIP DUES PAYMENT $5,192.00 600859 11/16/2023 3355 TECH DATA CORPORATION SI628996 AEC SOFTWARE RENEWAUPW $12,767.88 300943 11/16/2023 1215 TEMECULA MOTORSPORTS LLC 60506 MEDIC CART: FIRE $37,500.00 600914 11/22/2023 1914 TEMECULA VALLEY BACKFLOW INC 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1234 TEMECULA WINNELSON COMPANY 29539101 PLUMBING SUPPLIES: PW FACILITIES $550.06 300965 11/21/2023 1234 TEMECULA WINNELSON COMPANY 29734601 PLUMBING SUPPLIES: PARKS $68.30 300965 11/21/2023 1234 TEMECULA WINNELSON COMPANY 297365 01 PLUMBING SUPPLIES: PW FACILITIES $35.15 600860 11/16/2023 1232 TERRYBERRY COMPANY P64677 SERVICE RECOGNITION: HR $148.62 600861 11/16/2023 3189 THE SALVATION ARMY FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $13,500.00 600862 11/16/2023 1936 TIERCE NICHOLAS NTOTTCT-2023-11 GRAPHIC DESIGN: THEATER: TCSD $2,520.00 600915 11/22/2023 1063 TIMMY D PRODUCTIONS INC 23656 CULTURE DAYS AND ART NIGHTS MUSIC $425.00 600863 11/16/2023 2421 TITAN RENTAL GROUP INC 47347 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $733.00 600863 11/16/2023 2421 TITAN RENTAL GROUP INC 45554 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $2,209.75 600916 11/22/2023 1995 TK ELEVATOR CORPORATION 3007506508 ELEVATOR MAINT SVCS: FACILITIES: PW $5,824.20 600864 11/16/2023 2410 EE #534 11/13/23 REIMB: TEAM PACE $150.00 600865 11/16/2023 2413 TOWNSEND PUBLIC AFFAIRS INC 20660 CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 600917 11/22/2023 1632 TRITECH SOFTWARE SYSTEMS 383909 ASSET MANAGEMENT RENEWAUIT $24,572.26 300945 11/16/2023 1647 TSI INCORPORATED 91591655 EQUIP REPAIR & MAINT: CODE ENF $485.09 600866 11/16/2023 1003 TYLER TECHNOLOGIES INC 045-441096 FINANCIAL SOFTWARE UPGRADE: FINANCE $3,190.42 600866 11/16/2023 1003 TYLER TECHNOLOGIES INC 045-443924 FINANCIAL SOFTWARE UPGRADE: FINANCE ($245.00) 600866 11/16/2023 1003 TYLER TECHNOLOGIES INC 045-443751 FINANCIAL SOFTWARE UPGRADE: FINANCE $3,500.00 300966 11/21/2023 1350 U S BANK 13979420 ACCOUNT ANALYSIS: FINANCE $875.00 300946 11/16/2023 1350 U S BANK CM-9690 7071984 TRUSTEE ADMIN FEES: CFD 03-06 HARV II $2,590.50 300946 11/16/2023 1350 U S BANK CM-9690 7071258 TRUSTEE ADMIN FEES: 16-01 RORIPAUGH $5,357.50 300947 11/16/2023 3222 ULTRA SHINE INC 1628B JANITORIAL SVCS FACILITIES MAINT $881.21 300967 11/21/2023 1947 UNIVERSITY ENTERPRISES CORP AT CSUSB SP0012577 MOU-INLAND EMPIRE SMALL BUSINESS $7,500.00 600918 11/22/2023 2142 URBANE CAFE OPERATIONS LLC 102199 URBANE CAFE $308.63 600867 11/16/2023 2941 VAN OTTERLOO INC 178400 VEHICLE MAINTENANCE -STREET MAINTENANCE $4,002.30 600919 11/22/2023 2941 VAN OTTERLOO INC 178411 VEHICLE MAINTENANCE -STREET MAINTENANCE $1,485.00 300948 11/16/2023 1845 VERIZON WIRELESS 9946518315 09/11-10/10 TASK FORCE TABLETS: POLICE $444.32 600920 11/22/2023 1498 VISION ONE, INC. INV-74667 TICKETING SERVICES: THEATER: TCSD $2,925.00 600868 11/16/2023 2034 WADDLETON JEFFREY L 1177 HIGH HOPES DJ SVCS: TCSD $525.00 600868 11/16/2023 2034 WADDLETON JEFFREY L 1176 JEFF WADDLETON DJ/MC-SPECIAL EVENTS $525.00 600868 11/16/2023 2034 WADDLETON JEFFREY L 1171 HIGH HOPES DJ SVCS: TCSD $525.00 600868 11/16/2023 2034 WADDLETON JEFFREY L 1172 TEEN ZONE MOVIE NIGHT DJ: TCSD $525.00 300968 11/21/2023 1102 WAXIE SANITARY SUPPLY INC 82060162 JANITORIAL SUPPLIES: PARKS $1,299.76 300950 11/16/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000054 ASSESSMENT ENGINEERING & CFD A $13,285.06 300951 11/16/2023 1033 WEST PUBLISHING CORPORATION 849214286 SOFTWARE SUBSCRIPTION $1,179.86 300952 11/16/2023 2322 WEX BANK 93004075 10/07-11/06 FUEL USAGE: POLICE $2,981.08 600869 11/16/2023 1034 WILLDAN ASSOCIATES INC 00626458 TRAFFIC ENG SRVCS: PW-TRAFFIC $679.00 600870 11/16/2023 1069 WINCHAK KRIS R 23.07 ENG PLAN CHECK & REVIEW: PW LAND DEV $3,150.00 300953 11/16/2023 3146 WINSUPPLY VISTA CA CO 133414 02 ELECTRICAL SUPPLIES: FACILITY MAINT $104.73 300969 11/21/2023 3146 WINSUPPLY VISTA CA CO 133883 02 ELECTRICAL SUPPLIES: FACILITY MAINT $104.73 Total $2,500,419.13 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: December 12, 2023 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council: 1. Receive and file the financial statements for the 41h quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustments: a. Increase the Operating Transfers In revenue account (001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60). b. Increase the Operating Transfer Out operating account (100. 164.999.590 1) by $60 to reflect a higher transfer than anticipated to the General Fund. c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund. d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense. e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and 3. Appropriate the following Fiscal Year 2023-24 Expenditures: a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. b. Remit a $2 million Additional Discretionary Payment (ADP) towards the CalPERS Pension Unfunded Liability from surplus General Fund Balance. c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post - Employment Benefits Trust to pay down the unfunded liability. BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2023. FISCAL IMPACT: The General Fund is anticipated to close Fiscal Year 2022-23 with approximately $7.5 million in surplus Fund Balance, over and above the $38.5 million assumed in the Fiscal Year 2022-23 Budget. The above request will appropriate $5,230,474 of this surplus to achieve the goals of the City's Debt/Liability Paydown Strategy, adopted by Council in December 2022. ATTACHMENTS: City Fund Summaries t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 001 - GENERAL FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Property Tax 10,040,635 10,254,673 10,452,986 10,254,673 Sales Tax 49,147,752 50,142,000 48,776,216 50,142,000 Sales Tax Sharing Agreement (1,306,605) (1,308,245) (1,348,016) (1,308,245) Franchise Fees 3,681,119 3,775,740 4,299,244 3,775,740 Transient Occupancy Tax 4,530,407 4,442,549 4,679,141 4,442,549 Special Tax (Measure C) 1,817,297 1,881,987 1,908,127 1,881,987 Licenses, Permits and Service Charges Development Impact Fees 47,440 0 0 0 Charges For Services 1,190 2,500 2,240 2,500 Business Licenses 258,390 270,000 284,420 270,000 Land Development 2,023,361 1,896,020 2,869,845 1,896,020 Public Works 0 0 0 0 Parks Maintenance 0 1,372 0 1,372 Building 3,074,244 3,020,000 3,453,890 3,020,000 Planning 640,803 633,049 568,138 633,049 Police 93,805 161,575 213,631 161,575 Fire 1,172,635 1,383,200 1,810,575 1,383,200 Development Fees 341,599 169,970 165,487 169,970 Fines and Forfeitures Fines & Forfeitures 563,045 520,050 580,203 520,050 Use of Money and Property Investment Interest (2,097,251) 0 749,599 0 Lease/Rental Income 230,705 217,897 216,246 217,897 Other 63,284 55,000 103,108 55,000 Intergovernmental Revenues Property Tax In Lieu Of VLF 9,195,968 9,897,473 9,897,474 9,897,473 Vehicle License Fees 130,279 120,000 112,676 120,000 Grants 16,508 13,045 13,045 13,045 Reimbursements Capital Improvement Program 2,656,349 2,800,000 3,046,862 2,800,000 Pechanga IGA 368,219 374,107 374,107 374,107 Other Reimbursements 386,475 694,411 1,161,683 694,411 Operating Transfers In Operating Transfers In 10,310,929 15,320,816 15,331,107 15,326,140 Contribution From Measure S 6,266,670 5,543,353 5,543,353 5,543,353 Miscellaneous Miscellaneous 50,192 14,900 34,960 14,900 Total Revenues and Other Sources 103,705,445 112,297,442 115,300,348 112,302,766 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 0 0.0% 5,324 0.03% 0 0.0% 0 0.0% 5,324 0.0% t Alk The Heart of Southern California Wine Country Description Expenditures by Category Salaries & Benefits Operations & Maintenance Internal Service Fund Allocations Capital Outlay Transfers Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 001 - GENERAL FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Actuals Budget 6-30-2023 Budget Adjustments Budget 18,180,891 21,093,416 21,079,681 21,093,416 0 0.0% 53,829,052 64,095,494 59,751,752 64,095,494 0 0.0% 6,011,184 7,123,059 6,775,621 7,123,059 0 0.0% 821,501 617,083 463,576 617,083 0 0.0% 14,080,420 37,010,616 36,953,675 37,010,616 0 0.0% 92,923,048 129,939,668 125,024,306 129,939,668 0 0.0% 10,782,396 (17,642,226) (9,723,958) (17,636,902) 5,324 -0.03% 45,243,940 56,026,336 56,026,336 56,026,336 56,026,336 38,384,111 46,302,378 38,389,435 Fund Description The General Fund is the main operating fund for the City of Temecula. It is used to account for all financial resources for the City that are not restricted to a special purpose and otherwise required to be accounted for in another fund. The General fund provides the resources necessary to sustain the day-to-day activities and pays for all administrative and operating expenditures. t Alk The Heart of Southern California Wine Country FUND: 002 - MEASURE S FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Transactions And Use Tax 39,199,804 39,971,000 38,311,796 39,971,000 0 0.0% Use of Money and Property Investment Interest (215,735) 0 781,117 0 0 0.0% Total Revenues and Other Sources 38,984,069 39,971,000 39,092,913 39,971,000 0 0.0% Expenditures by Category Transfers 29,523,899 56,661,742 27,776,347 56,661,742 0 0.0% Total Expenditures and Other Financing Uses 29,523,899 56,661,742 27,776,347 56,661,742 0 0.0% Excess of Revenues Over (Under) Expenditures 9,460,170 (16,690,742) 11,316,566 (16,690,742) 0 0.0% Fund Balance, Beginning of Year 25,215,603 34,675,773 34,675,773 34,675,773 Fund Balance, End of Year 34,675,773 17,985,030 45,992,339 17,985,030 Fund Description Measure S, approved by the voters on November 8, 2016, established a one -cent Transactions and Use Tax for the City. The measure was approved based on the commitment to maintain 9-1-1 emergency response times, prevent cuts to local paramedic/police/fire protection, school safety patrols, youth/after-school, senior and disabled services; improve freeway interchanges/reduce traffic and provide for other general services. t Alk The Heart of Southern California Wine Country FUND: 006 - FIRE FACILITY ACQUISITION FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 0 0 29,523 0 0 0.0% Operating Transfers In Operating Transfers In 1,500,000 1,500,000 1,500,000 1,500,000 0 0.0% Total Revenues and Other Sources 1,500,000 1,500,000 1,529,523 1,500,000 0 0.0% Excess of Revenues Over (Under) Expenditures 1,500,000 1,500,000 1,529,523 1,500,000 0 0.0% Fund Balance, Beginning of Year 0 1,500,000 1,500,000 1,500,000 Fund Balance, End of Year 1,500,000 3,000,000 3,029,523 3,000,000 Fund Description This fund was established to accumulate resources necessary to acquire property for a future Fire Station, construct new Fire Station or refurbish existing Fire Stations. Alk The Heart of Southern California Wine Country FUND: 100 -GAS TAX FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Gas Tax 2,631,694 2,825,546 2,792,342 2,825,546 0 0.0% Use of Money and Property Investment Interest 7,035 0 33,264 0 0 0.0% Total Revenues and Other Sources 2,638,730 2,825,546 2,825,606 2,825,546 0 0.0% Expenditures by Category Transfers 2,740,607 2,825,546 2,825,606 2,825,606 60 0.0% Total Expenditures and Other Financing Uses 2,740,607 2,825,546 2,825,606 2,825,606 60 0.0% Excess of Revenues Over (Under) Expenditures (101,877) 0 0 (60) (60) -100.0% Fund Balance, Beginning of Year 101,877 () () () Fund Balance, End of Year () () () (60) Fund Description This fund was established to account for the tax per gallon on the purchase of motor vehicle fuel imposed by the State of California. A portion is allocated to the City of Temecula as specified in the California Streets and Highways Code (SHC) (Sections 2013, 2105, 2107 and 2107.5). Gas Tax monies are restricted to the repair, maintenance and upkeep of City streets and roads, and the purchase of equipment used to maintain roads. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 102 - ROAD MAINTENANCE REHABILITATION ACCOUNT (RMRA) FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Gas Tax 2,250,420 2,384,080 2,428,080 2,384,080 0 0.0% Use of Money and Property Investment Interest (23,994) 0 54,376 0 0 0.0% Total Revenues and Other Sources 2,226,427 2,384,080 2,482,456 2,384,080 0 0.0% Expenditures by Category Transfers 2,250,420 3,809,387 3,005,103 3,809,387 0 0.0% Total Expenditures and Other Financing Uses 2,250,420 3,809,387 3,005,103 3,809,387 0 0.0% Excess of Revenues Over (Under) Expenditures (23,993) (1,425,307) (522,647) (1,425,307) 0 0.0% Fund Balance, Beginning of Year 1,585,330 1,561,337 1,561,337 1,561,337 Fund Balance, End of Year 1,561,337 136,030 1,038,689 136,030 Fund Description This fund is to account for gasoline and vehicle registration taxes pursuant to the Road Repair and Accountability Act of 2017 (SB1 Beall). Monies are collected by the State of California and allocated to local agencies for streets and roads projects and other transportation uses. t Alk The Heart of Southern California Wine Country FUND: 103 - STREET MAINTENANCE FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (37,492) 0 117,536 0 0 0.0% Operating Transfers In Contribution From Measure S 2,000,000 2,000,000 2,000,000 2,000,000 0 0.0% Total Revenues and Other Sources 1,962,508 2,000,000 2,117,536 2,000,000 0 0.0% Expenditures by Category Transfers 0 3,600,000 3,600,000 3,600,000 0 0.0% Total Expenditures and Other Financing Uses 0 3,600,000 3,600,000 3,600,000 0 0.0% Excess of Revenues Over (Under) Expenditures 1,962,508 (1,600,000) (1,482,464) (1,600,000) 0 0.0% Fund Balance, Beginning of Year 3,461,494 5,424,002 5,424,002 5,424,002 Fund Balance, End of Year 5,424,002 3,824,002 3,941,537 3,824,002 Fund Description This fund was established to accumulate resources for the future replacement of streets and roads throughout the City. Adk l]] c7" f The Heart of Southern California Wine Country FUND: 105 - NPDES IN LIEU FEES FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Fees 1,943 175,743 599,063 175,743 0 0.0% Use of Money and Property Investment Interest (3) 0 2,012 0 0 0.0% Total Revenues and Other Sources 1,940 175,743 601,076 175,743 0 0.0% Excess of Revenues Over (Under) Expenditures 1,940 175,743 601,076 175,743 0 0.0% Fund Balance, Beginning of Year 0 1,940 1,940 1,940 Fund Balance, End of Year 1,940 177,683 603,016 177,683 Fund Description This fund was established to account for the collection of In Lieu fees associated with the National Pollutant Discharge Elimination System (NPDES). t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 106 - UPTOWN TEMECULA NEW STREETS IN -LIEU FEES 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Impact Fees 0 0 0 0 0 0.0% Use of Money and Property Investment Interest (6,630) 0 16,999 0 0 0.0% Total Revenues and Other Sources (6,630) 0 16,999 0 0 0.0% Expenditures by Category Transfers 0 500,857 0 500,857 0 0.0% Total Expenditures and Other Financing Uses 0 500,857 0 500,857 0 0.0% Excess of Revenues Over (Under) Expenditures (6,630) (500,857) 16,999 (500,857) 0 0.0% Fund Balance, Beginning of Year 895,391 888,761 888,761 888,761 Fund Balance, End of Year 888,761 387,904 905,760 387,904 Fund Description This fund was established in conjunction with the adoption of the Uptown Temecula Specific Plan New Streets In -Lieu Fee. The Specific Plan requires developers to dedicate right-of-way and construct new street improvements adjacent to or through their development sites. Developers within the Specific Plan who cannot contribute right-of-way and/or build new streets will be charged a new streets in -lieu fee. Adk l]] c7" f The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 108 - ARPA 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Intergovernmental Revenues Grants 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0% Total Revenues and Other Sources 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0% Expenditures by Category Transfers 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0% Total Expenditures and Other Financing Uses 7,039,754 7,039,754 7,039,754 7,039,754 0 0.0% Excess of Revenues Over (Under) Expenditures 0 0 0 0 0 0.0% Fund Balance, Beginning of Year 0 0 0 Fund Balance, End of Year 0 0 0 0 Fund Description This fund was established to account for the receipt of Federal 2021-22 American Rescue Plan Act (ARPA) funds t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 110 - COVID-19 PANDEMIC COMMUNITY REINVESTMENT PROGRAM 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 7,040,000 7,040,000 7,040,000 7,040,000 0 0.0% Total Revenues and Other Sources 7,040,000 7,040,000 7,040,000 7,040,000 0 0.0% Expenditures by Category Salaries & Benefits 5,106 24,067 30,205 24,067 0 0.0% Operations & Maintenance 0 2,483,665 2,398,739 2,483,665 0 0.0% Transfers 0 4,500,000 500,000 4,500,000 0 0.0% Total Expenditures and Other Financing Uses 5,106 7,007,732 2,928,944 7,007,732 0 0.0% Excess of Revenues Over (Under) Expenditures 7,034,894 32,268 4,111,056 32,268 0 0.0% Fund Balance, Beginning of Year 0 7,034,894 7,034,894 7,034,894 Fund Balance, End of Year 7,034,894 7,067,162 11,145,950 7,067,162 Fund Description This fund was established in Fiscal Year 2021-22 to provide various community grants to support the local economy in its recovery from the COVID-19 global pandemic. Available General Fund balance was transferred into this fund to establish this new program. Alk The Heart of Southern California Wine Country FUND: 120 - DEVELOPMENT IMPACT FEES FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Impact Fees 2,445,390 6,708,016 8,057,121 6,708,016 0 0.0% Quimby Fees 1,952,029 3,479,035 2,238,980 3,479,035 0 0.0% Use of Money and Property Investment Interest (43,616) 0 223,188 0 0 0.0% Total Revenues and Other Sources 4,353,803 10,187,051 10,519,288 10,187,051 0 0.0% Expenditures by Category Transfers 264,039 11,107,485 6,814,690 11,107,485 0 0.0% Total Expenditures and Other Financing Uses 264,039 11,107,485 6,814,690 11,107,485 0 0.0% Excess of Revenues Over (Under) Expenditures 4,089,764 (920,434) 3,704,598 (920,434) 0 0.0% Fund Balance, Beginning of Year 3,564,979 7,654,743 7,654,743 7,654,743 Fund Balance, End of Year 7,654,743 6,734,309 11,359,340 6,734,309 Fund Description This fund accounts for the development impact fees received as a result of development activity within the City. The fees are primarily used to fund Capital Improvement Projects designed to mitigate the impacts of development projects. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 125 - PUBLIC EDUCATION & GOVERNMENT (PEG) FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Peg Fees 198,322 185,000 175,292 185,000 0 0.0% Use of Money and Property Investment Interest (5,266) 0 15,254 0 0 0.0% Total Revenues and Other Sources 193,057 185,000 190,546 185,000 0 0.0% Expenditures by Category Capital Outlay 106,045 140,223 21,895 140,223 0 0.0% Total Expenditures and Other Financing Uses 106,045 140,223 21,895 140,223 0 0.0% Excess of Revenues Over (Under) Expenditures 87,011 44,777 168,652 44,777 0 0.0% Fund Balance, Beginning of Year 623,661 710,672 710,672 710,672 Fund Balance, End of Year 710,672 755,449 879,324 755,449 Fund Description This fund was established to account for Public Education and Government (PEG) fees. Fees received from local cable operators for the sole purpose of supporting the access facilities and activities within the City. t Alk The Heart of Southern California Wine Country FUND: 140 - COMMUNITY DEV BLOCK GRANT FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Intergovernmental Revenues Community Development Block Grant 646,010 1,299,843 376,702 1,299,843 0 0.0% CDBG - CV GRANTS 329,000 0 0 0 0 0.0% CDBG - CV2 GRANTS 125,182 739,582 15,184 739,582 0 0.0% Total Revenues and Other Sources 1,100,192 2,039,425 391,885 2,039,425 0 0.0% Expenditures by Category Salaries & Benefits 36,635 36,836 38,179 36,836 0 0.0% Operations & Maintenance 317,891 313,962 251,691 313,962 0 0.0% Transfers 354,159 1,797,176 163,722 1,797,176 0 0.0% Total Expenditures and Other Financing Uses 708,685 2,147,974 453,593 2,147,974 0 0.0% Excess of Revenues Over (Under) Expenditures 391,506 (108,549) (61,707) (108,549) 0 0.0% Fund Balance, Beginning of Year (282,957) 108,549 108,549 108,549 Fund Balance, End of Year 108,549 46,842 Fund Description This fund was established to account for grants received from the U.S. Department of Housing and Urban Development (HUD). The grants are used for the redevelopment of a viable community by providing decent housing, a suitable living environment, and for expanding opportunities, principally for persons of low and moderate income. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 145 - TEMECULA ENERGY EFFICIENCY ASSET (TEAM) FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (6,210) 0 16,572 0 0 0.0% Total Revenues and Other Sources (6,210) 0 16,572 0 0 0.0% Expenditures by Category Transfers 0 698,929 115,807 698,929 0 0.0% Total Expenditures and Other Financing Uses 0 698,929 115,807 698,929 0 0.0% Excess of Revenues Over (Under) Expenditures (6,210) (698,929) (99,235) (698,929) 0 0.0% Fund Balance, Beginning of Year 839,738 833,528 833,528 833,528 Fund Balance, End of Year 833,528 134,599 734,293 134,599 Fund Description This fund was established to capture energy efficiency rebates and reimbursements as well as expenditure savings resulting from energy efficiency projects completed at various City facilities. Revenue collected in this fund will be utilized on future energy efficiency projects. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 150 - AB 2766 MOTOR VEHICLE SUBVENTION FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (1,851) 0 6,371 0 0 0.0% Intergovernmental Revenues AB2766 Motor Vehicle Subvention 106,782 150,174 182,197 150,174 0 0.0% Total Revenues and Other Sources 104,930 150,174 188,568 150,174 0 0.0% Expenditures by Category Operations & Maintenance 20,000 10,000 10,000 10,000 0 0.0% Transfers 6,700 427,889 38,044 427,889 0 0.0% Total Expenditures and Other Financing Uses 26,700 437,889 48,044 437,889 0 0.0% Excess of Revenues Over (Under) Expenditures 78,230 (287,715) 140,524 (287,715) 0 0.0% Fund Balance, Beginning of Year 172,301 250,531 250,531 250,531 Fund Balance, End of Year 250,531 (37,184) 391,055 (37,184) Fund Description This fund was established to account for subvention funds that are used to implement programs and projects that reduce air pollution from motor vehicles. AB2766 Funds are derived from a Motor Vehicle Registration fee surcharge. Local governments are allocated $1.60 for every eligible vehicle registered within the South Coast Air Quality Management District. Funds are disbursed based on the City's population as a percentage of the total population within the District. This fund is used for Capital projects and the City's share of WRCOG's Clean Cities Coalition. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 160 - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 908 0 2,722 0 0 0.0% Intergovernmental Revenues SLESF Grant 277,001 280,000 282,541 280,000 0 0.0% Total Revenues and Other Sources 277,909 280,000 285,263 280,000 0 0.0% Expenditures by Category Transfers 364,530 280,000 285,263 285,264 5,264 1.88% Total Expenditures and Other Financing Uses 364,530 280,000 285,263 285,264 5,264 1.88% Excess of Revenues Over (Under) Expenditures (86,621) 0 0 (5,264) (5,264) -100.0% Fund Balance, Beginning of Year 86,621 Fund Balance, End of Year (5,264) Fund Description This fund was established to account for the Supplemental Law Enforcement Services grant monies from the State of California which are provided to assist cities in delivering front line law enforcement services. These monies supplement existing services and may not be used to supplant any existing funding for law enforcement services provided by the City. City of Temecula Fiscal Year 2022-23 ( The Heart of southern California Quarterly Budget Report Wine Country FUND: 161 - TEMECULA MAJOR CRIMES REWARD FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (255) 0 0 0 0 0.0% Total Revenues and Other Sources (255) 0 0 0 0 0.0% Expenditures by Category Transfers 26,952 0 0 0 0 0.0% Total Expenditures and Other Financing Uses 26,952 0 0 0 0 0.0% Excess of Revenues Over (Under) Expenditures (27,207) 0 0 0 0 0.0% Fund Balance, Beginning of Year 27,207 Fund Balance, End of Year Fund Description This fund was established to account for a reward for information that leads to the capture and conviction of the person(s) responsible for the murder of Larry Robinson and Justin Triplett. The General Fund contributed $25,000 and the public can also contribute to this fund. The fund was established in accordance with Resolution Nos. 13-25 and 15-37. In April of 2018, Council adopted Resolution No. 18-24 for the continuation of the reward for an additional three years (to March 22, 2021) to assist the Sheriff in the investigation since no person has been arrested for the Larry Robinson murder. t Alk The Heart of Southern California Wine Country FUND: 165 - AFFORDABLE HOUSING FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Redevelopment Property Tax Fund Distribution 0 900,000 2,450,971 900,000 0 0.0% Use of Money and Property Investment Interest (13,847) 0 105,750 0 0 0.0% Lease/Rental Income (14,301) 0 12,600 0 0 0.0% Other 0 0 6,153 0 0 0.0% Intergovernmental Revenues Agency Trust Contribution 250,000 250,000 250,000 250,000 0 0.0% Reimbursements Other Reimbursements 0 0 13,898 0 0 0.0% Operating Transfers In Operating Transfers In 0 6,503,330 0 6,503,330 0 0.0% Total Revenues and Other Sources 221,852 7,653,330 2,839,371 7,653,330 0 0.0% Expenditures by Category Salaries & Benefits 240,712 233,329 223,488 233,329 0 0.0% Operations & Maintenance 37,088 275,518 88,359 275,518 0 0.0% Internal Service Fund Allocations 34,060 37,802 36,787 37,802 0 0.0% Transfers 0 7,403,330 2,450,971 7,403,330 0 0.0% Total Expenditures and Other Financing Uses 311,860 7,949,979 2,799,604 7,949,979 0 0.0% Excess of Revenues Over (Under) Expenditures (90,008) (296,649) 39,767 (296,649) 0 0.0% Fund Balance, Beginning of Year 12,054,618 11,964,610 11,964,610 11,964,610 Fund Balance, End of Year 11,964,610 11,667,961 12,004,377 11,667,961 Fund Description The Affordable Housing fund contains the assets as well as loan and rental income which have been transferred to the City of Temecula from the former Redevelopment Agency . t Alk The Heart of Southern California Wine Country FUND: 170 - MEASURE A FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (74,771) 0 166,036 0 0 0.0% Intergovernmental Revenues Measure A 4,141,441 4,334,000 4,503,516 4,334,000 0 0.0% Total Revenues and Other Sources Expenditures by Category Operations & Maintenance Transfers Total Expenditures and Other Financing Uses Excess of Revenues Over (Under) Expenditures Fund Balance, Beginning of Year Fund Balance, End of Year 4,066,670 4,334,000 4,669,552 4,334,000 0 0.0% 1,599,339 2,834,725 2,968,379 7,319,935 2,729,188 3,907,518 2,968,379 7,319,935 0 0 0.0% 0.0% 4,434,064 10,288,314 6,636,706 10,288,314 0 0.0% (367,394) (5,954,314) (1,967,154) (5,954,314) 0 0.0% 9,430,636 9,063,242 9,063,242 9,063,242 9,063,242 3,108,928 7,096,088 3,108,928 Fund Description This fund was established to account for the City's allocation of the County of Riverside's additional one-half percent sales tax for transportation. These monies are restricted for use on local streets. In 2002, Measure A was extended by Riverside County voters. Measure A will continue to fund transportation improvements through 2039. t Alk The Heart of Southern California Wine Country FUND: 198 - PUBLIC ART FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Public Art 41,837 14,000 95,599 14,000 0 0.0% Use of Money and Property Investment Interest (941) 0 3,463 0 0 0.0% Total Revenues and Other Sources 40,896 14,000 99,062 14,000 0 0.0% Expenditures by Category Operations & Maintenance 0 30,000 4,630 30,000 0 0.0% Total Expenditures and Other Financing Uses 0 30,000 4,630 30,000 0 0.0% Excess of Revenues Over (Under) Expenditures 40,896 (16,000) 94,432 (16,000) 0 0.0% Fund Balance, Beginning of Year 91,099 131,995 131,995 131,995 Fund Balance, End of Year 131,995 115,995 226,427 115,995 Fund Description This fund was established pursuant to Temecula Municipal Code Section 5.08.040, whereby the fund serves a a depository for the fees paid in lieu of art as well as monetary donations for public art. The Public Art In Lieu fee is one -tenth of one percent of an eligible development project in excess of $100,000. Eligible uses of this fund include the design, acquisition, installation, improvement, maintenance and insurance of public artwork; offering of performing arts programs on City property for the community; and art education programs on City property for the community. City of Temecula Fiscal Year 2022-23 ( The Heart of southern California Quarterly Budget Report Wine Country FUND: 210 - CAPITAL IMPROVEMENT PROGRAM FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Development Impact Fees 124,952 7,513,533 4,319,145 7,513,533 0 0.0% Quimby Fees 0 3,593,952 2,320,029 3,593,952 0 0.0% Intergovernmental Revenues Grants 639,405 116,944,421 3,980,799 116,944,421 0 0.0% Reimbursements Pechanga IGA 5,000,000 1,150,000 1,700,000 1,150,000 0 0.0% Other Reimbursements 2,586,537 36,878,563 2,161,240 36,878,563 0 0.0% Operating Transfers In Operating Transfers In 13,886,867 46,934,177 14,487,746 46,934,177 0 0.0% Contribution From Measure S 8,347,949 35,708,494 7,001,860 35,708,494 0 0.0% Total Revenues and Other Sources 30,585,710 248,723,140 35,970,820 248,723,140 0 0.0% Expenditures by Category CIP 33,303,470 255,004,607 40,651,364 255,004,607 0 0.0% Total Expenditures and Other Financing Uses 33,303,470 255,004,607 40,651,364 255,004,607 0 0.0% Excess of Revenues Over (Under) Expenditures (2,717,760) (6,281,467) (4,680,544) (6,281,467) 0 0.0% Fund Balance, Beginning of Year 14,101,019 11,383,259 11,383,259 11,383,259 Fund Balance, End of Year 11,383,259 5,101,792 6,702,714 5,101,792 Fund Description This fund was established to account for the City's Capital Improvement Program revenues and expenditures. Alk The Heart of Southern California Wine Country FUND: 300 - INSURANCE FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 1,380,637 1,517,257 1,944,246 1,517,257 0 0.0% Use of Money and Property Investment Interest (9,398) 0 28,392 0 0 0.0% Total Revenues and Other Sources 1,371,239 1,517,257 1,972,638 1,517,257 0 0.0% Expenditures by Category Salaries & Benefits 136,378 156,147 176,376 156,147 0 0.0% Operations & Maintenance 1,253,657 1,871,109 1,850,294 1,871,109 0 0.0% Total Expenditures and Other Financing Uses 1,390,035 2,027,257 2,026,669 2,027,257 0 0.0% Excess of Revenues Over (Under) Expenditures (18,795) (510,000) (54,031) (510,000) 0 0.0% Fund Balance, Beginning of Year 828,918 810,123 810,123 810,123 Fund Balance, End of Year 810,123 300,123 756,091 300,123 Fund Description The Insurance Fund was established to account for the City's liability and property insurance costs. Fund Balance is a combination of both spendable and non spendable assets. These costs are allocated to each department based on the total number of Full Time Equivalent positions assigned to those departments. The City has a Self -Insured Retention (SIR) of $150,000 per incident, and strives to maintain a fund balance equal to three times the SIR. t Alk The Heart of Southern California Wine Country FUND: 305 - WORKERS' COMPENSATION FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 0 437,718 370,908 437,718 0 0.0% Use of Money and Property Investment Interest (12,896) 0 27,413 0 0 0.0% Reimbursements Other Reimbursements 0 0 2,137 0 0 0.0% Total Revenues and Other Sources (12,896) 437,718 400,458 437,718 0 0.0% Expenditures by Category Salaries & Benefits 120,869 156,260 176,375 156,260 0 0.0% Operations & Maintenance 226,948 356,607 401,729 421,907 65,300 18.31% Total Expenditures and Other Financing Uses 347,817 512,867 578,104 578,167 65,300 12.73% Excess of Revenues Over (Under) Expenditures (360,713) (75,149) (177,646) (140,449) (65,300) 86.89% Fund Balance, Beginning of Year 2,038,333 1,677,620 1,677,620 1,677,620 Fund Balance, End of Year 1,677,620 1,602,471 1,499,975 1,537,171 Fund Description The Workers' Compensation Fund was established in Fiscal Year 2014-15 as the City transitions to a self -insured status for Workers' Compensation liabilities. Departments are charged based on each position allocated on a Full Time Equivalent basis, with a cost assigned to each position based on job duties and potential for risk. The desired Net Position for this fund is $1.5 million, which represents three -times the City's Self -Insured Retention amount of $500,000. t Alk The Heart of Southern California Wine Country FUND: 310 - VEHICLES AND EQUIPMENT FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 341,896 464,445 348,495 464,445 0 0.0% Use of Money and Property Investment Interest (20,047) 0 62,796 0 0 0.0% Operating Transfers In Contribution From Measure S 500,000 500,000 500,000 500,000 0 0.0% Total Revenues and Other Sources 821,849 964,445 911,291 964,445 0 0.0% Expenditures by Category Operations & Maintenance 376,267 0 380,695 0 0 0.0% Capital Outlay 0 708,595 600 708,595 0 0.0% Total Expenditures and Other Financing Uses 376,267 708,595 381,295 708,595 0 0.0% Excess of Revenues Over (Under) Expenditures 445,582 255,850 529,997 255,850 0 0.0% Fund Balance, Beginning of Year 4,273,712 4,719,294 4,719,294 4,719,294 Fund Balance, End of Year 4,719,294 4,975,143 5,249,290 4,975,143 Fund Description The Vehicles and Equipment Fund was established to account for the depreciation of vehicles and capital equipment over their estimated useful lives, and to accumulate resources for the purchase of future replacement vehicles and equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on the replacement costs for each asset benefitting the department. t Alk The Heart of Southern California Wine Country FUND: 320 - INFORMATION TECHNOLOGY FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 4,477,549 5,612,925 4,812,964 5,612,925 0 0.0% Use of Money and Property Investment Interest (15,680) 0 31,691 0 0 0.0% Operating Transfers In Contribution From Measure S 300,000 300,000 300,000 300,000 0 0.0% Total Revenues and Other Sources 4,761,869 5,912,925 5,144,655 5,912,925 0 0.0% Expenditures by Category Salaries & Benefits 2,204,994 2,534,960 2,633,369 2,534,960 0 0.0% Operations & Maintenance 2,410,863 2,692,425 2,141,528 2,692,425 0 0.0% Internal Service Fund Allocations 2,660 2,660 2,660 2,660 0 0.0% Capital Outlay 0 115,000 23,360 115,000 0 0.0% Total Expenditures and Other Financing Uses 4,618,517 5,345,045 4,800,917 5,345,045 0 0.0% Excess of Revenues Over (Under) Expenditures 143,352 567,880 343,738 567,880 0 0.0% Fund Balance, Beginning of Year 1,305,662 1,449,014 1,449,014 1,449,014 Fund Balance, End of Year 1,449,014 2,016,894 1,792,752 2,016,894 Fund Description The Information Technology Fund was established to fund and account for computer and telephone system operating and maintenance expenses. Fund Balance is a combination of both spendable and non spendable assets. Adjustments are made to Fund Balance to include additional spendable resources available for expenditure. Departments are charged based on the number of electronic devices assigned. The Ronald H. Roberts Temecula Public Library facility is charged directly for all IT expenditures and personnel costs related to the facility. t Alk The Heart of Southern California Wine Country FUND: 325 - TECHNOLOGY REPLACEMENT FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 190,474 160,000 177,577 160,000 0 0.0% Use of Money and Property Investment Interest (15,493) 0 48,810 0 0 0.0% Operating Transfers In Contribution From Measure S 500,000 500,000 500,000 500,000 0 0.0% Total Revenues and Other Sources 674,981 660,000 726,387 660,000 0 0.0% Expenditures by Category Operations & Maintenance 264,356 0 164,887 0 0 0.0% Capital Outlay 0 163,987 6,061 163,987 0 0.0% Transfers 0 763,534 0 763,534 0 0.0% Total Expenditures and Other Financing Uses 264,356 927,521 170,949 927,521 0 0.0% Excess of Revenues Over (Under) Expenditures 410,625 (267,521) 555,438 (267,521) 0 0.0% Fund Balance, Beginning of Year 2,060,546 2,471,171 2,471,171 2,471,171 Fund Balance, End of Year 2,471,171 2,203,651 3,026,609 2,203,651 Fund Description The Technology Replacement Fund was established in Fiscal Year 2014-15 in order to accumulate resources for computer and telephone equipment and software to fund future equipment replacement. Fund Balance is a combination of both spendable and non spendable assets. Contributions to this fund are made by departments utilizing the assets in an amount equivalent to the estimated cost to replace the item at the end of its useful life. t Alk The Heart of Southern California Wine Country FUND: 330 - SUPPORT SERVICES FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 336,771 379,963 383,989 379,963 0 0.0% Use of Money and Property Investment Interest (301) 0 552 0 0 0.0% Total Revenues and Other Sources 336,470 379,963 384,541 379,963 0 0.0% Expenditures by Category Salaries & Benefits 239,455 253,946 269,472 253,946 0 0.0% Operations & Maintenance 97,617 126,018 104,681 126,018 0 0.0% Total Expenditures and Other Financing Uses 337,072 379,963 374,153 379,963 0 0.0% Excess of Revenues Over (Under) Expenditures (602) () 10,389 () 0 0.0% Fund Balance, Beginning of Year 4,024 3,422 3,422 3,422 Fund Balance, End of Year 3,422 3,422 13,811 3,422 Fund Description The Support Services Fund was established as a cost center for the City's central receptionist, duplicating, printing, and mailing activities. It is also used to depreciate all related copying and mailing equipment over their useful lives, and to accumulate resources for the purchase of future equipment. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on a count of copies made in the previous fiscal year. City of Temecula Fiscal Year 2022-23 ( The Heart of southern California Quarterly Budget Report Wine Country FUND: 335 - SUPPORT SERVICES REPLACEMENT FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 41,997 25,000 41,424 25,000 0 0.0% Use of Money and Property Investment Interest (2,516) 0 6,718 0 0 0.0% Lease/Rental Income 0 0 300 0 0 0.0% Total Revenues and Other Sources 39,481 25,000 48,441 25,000 0 0.0% Expenditures by Category Operations & Maintenance 54,403 0 58,943 34,000 34,000 100.0% Capital Outlay 0 25,000 0 25,000 0 0.0% Total Expenditures and Other Financing Uses 54,403 25,000 58,943 59,000 34,000 136.0% Excess of Revenues Over (Under) Expenditures (14,922) 0 (10,502) (34,000) (34,000) -100.0% Fund Balance, Beginning of Year 404,324 389,402 389,402 389,402 Fund Balance, End of Year 389,402 389,402 378,901 355,402 Fund Description The Support Services Replacement Fund was established to accumulate resources for the future replacement of the City's duplicating equipment. t Alk The Heart of Southern California Wine Country FUND: 340 - FACILITIES FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 1,475,674 1,651,435 1,634,859 1,651,435 0 0.0% Use of Money and Property Investment Interest (5,485) 0 10,391 0 0 0.0% Total Revenues and Other Sources 1,470,189 1,651,435 1,645,250 1,651,435 0 0.0% Expenditures by Category Salaries & Benefits 431,172 598,277 490,954 598,277 0 0.0% Operations & Maintenance 1,049,988 1,058,708 1,149,586 1,058,708 0 0.0% Total Expenditures and Other Financing Uses 1,481,160 1,656,985 1,640,540 1,656,985 0 0.0% Excess of Revenues Over (Under) Expenditures (10,971) (5,550) 4,709 (5,550) 0 0.0% Fund Balance, Beginning of Year 588,587 577,616 577,616 577,616 Fund Balance, End of Year 577,616 572,066 582,326 572,066 Fund Description The Facilities Fund was established to account for the cost of the Civic Center, Former City Hall Facility, City Maintenance Facility, Field Operations Center, and Civic Center Parking Structure operations and maintenance. Fund Balance is a combination of both spendable and non spendable assets. Departments are charged based on square footage allotted as well as full time staff equivalents assigned. t Alk The Heart of Southern California Wine Country FUND: 350 - FACILITY REPLACEMENT FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Charges For Services 64,643 76,009 73,632 76,009 0 0.0% Use of Money and Property Investment Interest (2,185) 0 14,402 0 0 0.0% Operating Transfers In Contribution From Measure S 660,000 660,000 660,000 660,000 0 0.0% Total Revenues and Other Sources 722,458 736,009 748,034 736,009 0 0.0% Expenditures by Category Operations & Maintenance 105,338 0 89,084 0 0 0.0% Capital Outlay 4,138 10,191 0 10,191 0 0.0% Transfers 249,644 1,230,050 752,924 1,230,050 0 0.0% Total Expenditures and Other Financing Uses 359,120 1,240,241 842,008 1,240,241 0 0.0% Excess of Revenues Over (Under) Expenditures 363,338 (504,232) (93,974) (504,232) 0 0.0% Fund Balance, Beginning of Year 382,769 746,107 746,107 746,107 Fund Balance, End of Year 746,107 241,875 652,133 241,875 Fund Description The Facility Replacement Fund was established to accumulate resources for the future replacement of equipment, systems and fixtures within City -owned facilities. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 395 - 2018 FINANCING LEASE (CIVIC CENTER) FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0% Total Revenues and Other Sources 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0% Expenditures by Category Operations & Maintenance 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0% Total Expenditures and Other Financing Uses 1,962,107 13,425,327 13,425,327 13,425,327 0 0.0% Excess of Revenues Over (Under) Expenditures 0 () 0 () 0 0.0% Fund Balance, Beginning of Year 0 0 0 0 Fund Balance, End of Year 0 () 0 () Fund Description This fund was established to account for the payment of interest and principal of the refunding of the 2001 and 2008 Certificates of Participation (COPS). The 2001 COPS were originally issued to finance the construction of the Community Recreation Center and the 2008 COPS were originally issued to finance the construction of the Civic Center. In Fiscal Year 2018-19, the terms of the lease were refinanced, lowering the interest rate from 3.75% to 3.42%. The term of the lease expires September 1, 2033. t Alk The Heart of Southern California Wine Country FUND: 396 - 2018 FINANCING LEASE (MRC) FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Operating Transfers In Operating Transfers In 555,806 5,316,429 5,316,429 5,316,429 0 0.0% Total Revenues and Other Sources 555,806 5,316,429 5,316,429 5,316,429 0 0.0% Expenditures by Category Operations & Maintenance 555,806 5,316,429 5,316,429 5,316,429 0 0.0% Total Expenditures and Other Financing Uses 555,806 5,316,429 5,316,429 5,316,429 0 0.0% Excess of Revenues Over (Under) Expenditures 0 () 0 () 0 0.0% Fund Balance, Beginning of Year 0 0 0 0 Fund Balance, End of Year 0 () 0 () Fund Description This fund was established to account for the payments of interest and principal related to the financing of the rehabilitation of the Margarita Recreation Center (MRC). The Lease Agreement, dated August 1, 2018, generated $6.5 million in proceeds at an interest rate of 3.42%. The Term of the lease expires September 1, 2033, Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023 SUBJECT: Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) 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. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2023-13 was first introduced at the regularly scheduled meeting of November 28, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. 2023-13 ORDINANCE NO.2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE - CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (11)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal Code. B. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on November 1, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2023-20, recommending that the City Council approve the Code Amendments. D. The City Council, at a regular meeting, considered the Ordinance on November 28, 2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Open Space -Conservation (OS-C) Zoning designation, none of the proposed Code Amendments change the types of uses allowed in City. The Code Amendments remove riding stables and shooting galleries as conditionally permitted uses the OS-C zoning designation. These uses are inconsistent with the Open Space land use designation and are being removed to correct an inconsistency within the code. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to Title 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify the time the Office of Administrative Hearing has to render a decision on massage appeal is consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly, and efficient patterns of growth that enhance quality of life for Temecula residents." Implementing an Accessory Dwelling Unit (ADU) addressing policy furthers Goal 4 of the Public Safety Element of the General Plan which states, "An effective response of emergency services following a disaster." Adopting development standards for external staircases, security bars, storage/shipping containers and grid scale energy storage facilities furthers Goal 6 of the Land Use Element of the General Plan which is to ensure, "A development pattern that preserves aesthetics and enhances the environmental resources of the Planning Area." The definition modifications further clarify what use constitutes a "Specialty Market," and "Health and Exercise Club" in furtherance of Goal 5 of the Land Use Element of the General Plan which states, "A land use pattern that protects and enhances residential neighborhoods." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and a correction of typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Open Space -Conservation (OS-C) Zoning district impact the use of land. The Code Amendments remove riding stables and shooting galleries as permitted uses in the OS-C zoning designation. These uses are inconsistent with the types of uses permitted in the OS-C Zoning district and are being removed to correct an inconsistency within the code. 2 Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments impose regulations on existing uses, but do not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection 5.22.140(D)(6) of Section 5.22.140(D) (Appeal) of Chapter 5.22.140 (Revocation, Permit Denial and Appeal) of 5.22 (Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 5.22.140 remaining unchanged: 646. The hearing officer may uphold, modify or reverse the decision of the chief of police. Within ten thirty (30 days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the city clerk. Upon receipt of the hearing officer's decision, the city clerk shall send a copy of it to the chief of police and the appellant, along with a proof of mailing." Section 5. Subsection "G" (Exemptions) is hereby added to Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: G. Exemptions. The following entities or organizations are exempt from the requirements of this section: 1. City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets. Section 6. Subsection "15" (Commercial Vehicles) is hereby added to Section 17.04.030 (Home Occupation Permits.) of Chapter 17 (Awesome chapter) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.04.020 remaining unchanged: D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit. 3 15. A maximum of two vehicles shall be dedicated to the home occupation. This two -vehicle limit includes instances where more than one home occupation permit is issued for the same residence. Section 7. Table 17.06.030 (Schedule of Permitted Uses — Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.030 remaining unchanged: Description of Use Residential Single-family detached Duplex (two-family dwellings) Single-family attached (greater than two units) Multifamily Manufactured homes Mobilehome park Facilities for the mentally disordered, disabled, or dependent or neglected children (six or fewer) Facilities for the mentally disordered, disabled, or dependent or neglected children (seven to twelve) Alcoholism or drug abuse recovery or treatment facility (six or fewer) Alcoholism or drug abuse recovery or treatment facility (seven or more) Residential care facilities for the elderly (six or fewer) Residential care facilities for the elderly (seven or more) Residential care facilities (six or fewer) Residential care facilities (seven or more) Congregate care residential facilities for the elderly, Boarding, rooming and lodging facilities Accessory dwelling units Guest house Family day care homes —small and Day care centers Bed and breakfast establishments6 Emergency shelters Transitional housing, Supportive housing, Table 17.06.030 Residential Districts HR RR VL I L- 1 L- 2 LM M H HR-SM' P P P P P P P - P 2,13 2,13 2,13 P13 P13 _ - - - - - P P P - P13 P13 _ P P P P P P P P P - - o C C C C C - P P P P P P P P P C C I C C I C I C P P C P P P P P P P P P C C C, C C C P P C P P P P P P P P P �0000000® �aaaaaoo� ©�00000�� �0�0000�� �000000�� 4 Efficiency units - - - - - - P P - Nonresidential Agriculture/open sace uses6 P P P P P P P P C Religious institutions C C C C C C C C C Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C o C C C C C - Commercial marijuana activity - - - - - - - - - Marijuana cultivationlo - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C o C C C C C - Commercial kennels, commercial catteries, or cat/dog training center12 Noncommercial kennel - - - - - - - - - Noncommercial cattery- - - - - - - - Large animals horses, cattle, and mules)" - P P P P - - - - Small animals (burros, pigs, ponies and sheep) 12 P P P P P P Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard3 - C C, C C C C C - Parking for commercial uses - - - - - - P P Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C o C C C C C - Home occupations P P P P P P P P P Construction trailers, 6 P P P P P P P P P Short-term rentals - - - - - - - - - Animal keeping 12 - P P P P P P P - Apiaries or beekeeping12 - P P P P P P P - Poultry12 - P P P P P P - - Outdoor aviary'2 - P P P P P P P - Notes: 1. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. 2. A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title. 3. Subject to the provisions of Section 17.24.020(D)(2) of this title. 4. Allowed only with a single-family residence. 5. The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. 6. Subject to the supplemental development standards contained in Chapter 17.10 of this title. 7. Not used. 8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan. 9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards. 10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. 11. Legal nonconforming single-family residences will be permitted to construct accessory dwelling units if they meet the requirements of this Section 17.06.050(K). 12. Subject to the supplemental development standards contained in Chapter Title 6 6.04 of this code. Section 8. Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.06.040 remaining unchanged: Table 17.06.040 Develo ment Standards —Residential Districts Residential Development HR RR VL L-1 I L-2 LM M H HR-SM Standards I I I I Lot Area Minimum net lot area (sq. - - - - - 7,200 2 7,200 - - ft.) Minimum net lot area 10 5 2.5 1 'h - - - 10 (acres) Density range (dwelling <0 1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- <0.1 units per net acre') 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Lot Dimensions Minimum lot frontage at 50 50 40 40 30 30 30 30 50 front property line (feet) Minimum lot frontage for a flag lot at the front property 40 40 30 30 25 20 20 20 40 line (feet) Minimum width at required 100 100 100 70 50 50 40 30 100 front setback area (feet) Minimum average width 100 100 80 70 60 50 50 50 100 (feet) Minimum lot depth (feet) 150 150 120 l 00 90 80 80 100 150 Setbacks Minimum front yard (feet) 40 40 25 25 151 103 103 20 4 Avg. 40 Minimum corner side yard 40 40 15 15 15 15 15 15 40 (feet) Minimum interior side yard 25 25 10 10 10 Variables Variables 25 (feet) IVariables Setbacks (continued) Minimum rear yard (feet) 25 1 25 20 20 1 20 1 20 1 20 20 25 Other Requirements Maximum height (feet) 35 35 35 35 35 35 40 50 Subject to Section 17.06.080 Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30% Subject to coverage Section 17.06.080 Open space required o 90 /0 0 75 /0 0 70 /0 0 60 /0 0 40 /0 0 25 /0 0 25 /0 o 30 /o Subject to Section 17.06.080 Private open space/per unit NA I NA NA NA NA I NA I 200 I 150 Subject to (square feet) Section 17.06.080 Section 9. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged: 6 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCI CIHTISCIPOIBPI LI A Aerobics/dance/gymnastics/jazzercise/martial arts/yoga _ P P P - C and Pilate studios (greater than 5,000 sq. ft.) Aerobics/dance/gymnastics/jazzercise/martial arts/ yoga C P P P C C and Pilate studios (less than 5,000 sq. ft.) E Energy Stora e Facilit - - - - - C C Section 10. Subsection "I" (Stairs) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: I. Stairs. All staircases and stairwells shall be located entirely within and incorporated into the desijzn of the building. Section 11. Subsection "J" (Window Security) is hereby added to Section 17.08.050 (Special Use Regulations and Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby added to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.08.050 remaining unchanged: J. Security Bars. All securitv bars shall be entirelv located within the building and shall not be visible from the exterior of the building and the public right of way. Security bars shall include any device physically installed for the security of a building whether placed on a door or window. All securitv bars shall be comDliant with the adopted edition of the California Building and Fire Code. Section 12. Table 17.08.040(A) (Development Standards — Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or Industrial/Business Parks) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(A) remaining unchanged: Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards NC CC I HT SC PO BP LI Minimum gross area of site 5 acres 10 acres 10 acres 10 acres 5 acres 10 acres 10 acres Target floor area ratio 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040A Development Standards—Commercial/Office/Industrial Districts for Developments within Planned Shopping Centers or IndustrialBusiness Parks Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Front yard adjacent to a street: Arterial street 25 ft. 20 ft. 25 ft. 25 ft. 25 ft. 20 ft. 20 ft. Collector 20 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Yard adjacent to residentially zoned 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 35 ft. 40 ft. property Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—Side/rear 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. setback Minimum building separation: One story: 10 ft. 10 ft. 10 ft. 15 ft. 15 ft. 15 ft. 15 ft. Two stories: 15 ft. 15 ft. 15 ft. 20 ft. 20 ft. 20 ft. 20 ft. Three stories or more 20 ft. 20 ft. 25 ft. 25 ft. 25 ft. 25 ft. Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 40 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge screening Not 6 ft. 6 ft. 6 ft. 6 ft. outdoor storage —Minimum height allowed Fence, wall or hedge screening Not outdoor storage —Maximum height 6 ft. 8 ft. 8 ft. 12 ft. allowed 12 ft. 12 ft. Accessory structure —Maximum 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. height Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 13. Table 17.08.040(B) (Development Standards — Commercial/Office/Industrial Districts for a Development on a Separate Lot) of Section 17.08.040 (Development Standards.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.08.040(B) remaining unchanged: Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Minimum net lot area (sq. ft.) 30,000 30,000 20,000 40,000 40,000 401000 40,000 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Target floor area ratio2 0.25 0.30 0.30 0.30 0.350 0.40 0.40 Table 17.08.040B Development Standards—Commercial/Office/Industrial Districts for a Development on a Separate Lot Development Standards NC CC HT SC PO BP LI Maximum floor area ratio with intensity bonus as per 0.40 1.0 1.0 1.5 1.0 1.5 1.0 Section 17.08.050 Minimum width at required front 50 ft. 50 ft. 80 ft. 100 ft. 80 ft. 100 ft. 100 ft. setback area Minimum depth 100 ft. 100 ft. 100 ft. 120 ft. 120 ft. 120 ft. 120 ft. Minimum frontage on a street 30 ft. 30 ft. 50 ft. 80 ft. 60 ft. 80 ft. 80 ft. Yard area adjacent to a street: Arterial street 25 ft. 15 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Collector 25 ft. 10 ft. 25 ft. 25 ft. 20 ft. 20 ft. 20 ft. Local 15 ft. 10 ft. 15 ft. 15 ft. 10 ft. 10 ft. 10 ft. Interior side yard 0 0 0 0 0 0 0 Rear yard 15 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Accessory structure—side/rear setback 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Yard areas adjacent to residentially 25 ft. 25 ft. 30 ft. 30 ft. 25 ft. 30 ft. 40 ft. zoned prove Maximum height 35 ft. 50 ft. 75 ft. 50 ft. 75 ft. 50 ft. 50 ft. Maximum percent of lot coverage 25% 30% 30% 30% 50% 40% 40% Minimum required landscaped open 25% 20% 20% 20% 25% 25% 20% space' Fence, wall or hedge —maximum 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. 6 ft. height Accessory structure —maximum height 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. Fence, wall or hedge screening outdoor Not 6 ft. 6 ft. 6 ft. 6 ft. storage —minimum height allowed Fence, wall or hedge screening outdoor Not 6 ft. 8 ft. 8 ft. 12 ft. 12 ft. 12 ft. storage —maximum height allowed Notes: 1. Minimum required landscaped open area does not include necessary planting within the right-of-way. 2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050(A). Section 14. Subsection 17.10.020(B)(4) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: 4. Restaurants shall operate under the following requirements: a. Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes. b. A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 4 - California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing. c. Restaurants are permitted to serve beer and wine (typically a Type 4142 California ABC license) as a matter of right Section 15. Subsection "U. (Storage Containers)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: U. Storage Containers. I) Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties. 2) Definition. For the purposes of this chapter, Storage Container shall mean any sturdy container greater than one hundred and twenty (120) square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design, original purpose or new/repurposed use. All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted. a) Exemptions. (i) Temporaryplacement to support the construction of a new primary residence with a valid building_ permit. (a) Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter 17.04.020 and subject to the requirements of this section of the Temecula Municipal Code. (b) Limited for use as storage only, no habitation is permitted. (c) Limited to the duration of construction or date specified in the TUP, whichever is less. (d) Shall be removed from the site prior to final inspection of the new primary residence. (ii) A storage container for the purpose of moving, storing, toring transporting personal property for the purposes of moving residences or placing items in long term storage can be placed on the private driveway residence for a time not to exceed seven days without a TUP. 10 (a) Placement of storage containers in the public right of way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this Code. 4) Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a TemporaLy Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code. a) Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way. b) Storage containers shall not be located in any landscaped area. c) Storage containers shall not be placed in any parking stalls without a parking anal demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the Director of Community Development. d) Storage containers shall not have any signage or advertising_ e) Utility connection(s) shall require a building permit. f) Containers may be required to be painted to match the existing building, at the discretion of the Director of Community Development. g) Containers must be maintained free of graffiti, vandalism, rust, circumstances that may arise from a lack of maintenance. h) Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP. i) Where a zoning district addresses storage, those standards shall apply to the extent they are inconsistent with the provisions of this Section. 5) Mixed Use Zoning Districts. a) Storage containers may be qpproved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter. b) Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption. 6) Specific Plan Districts. a) Where a Specific Plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements. b) Where a Specific Plan does not address the accessory use of storage containers, the standards in this Section shall apply. c) The Director of Community Development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the Municipal Code or Specific Plan related to zoning districts. 7) Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings. 8) Time duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set by the TUP. Section 16. Subsection "V. (Energy Storage Facility)" is hereby added to Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards.) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: V. Energy Sy torage Standards. 1) Purpose and Intent. Energy Storage Facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Temecula by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by storage facilities and to mitigate the impacts of energy storage facilities on the environment. a) Energy Storage facilities shall be permitted through a Conditional Use Permit (CUP) only in the zoning specified in Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts. Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows: a) Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. b) Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The systemgenerates an alarm and trouble signal for abnormal conditions. c) Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy -storage technology storage torage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. d) Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. e) Commissioning. A systematic process that provides documented confirmation that a battery energy storage torage system functions according to the intended design criteria and complies with applicable code requirements. f) Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. 12 g) Energy Storage facility. Are stationary commercial facilities, that contain one or more energy storage s, sus) for the purposes of capturing or purchasing energy and releasing, selling, transferring or trading energy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems. h) Energy Storage System. A system which stores energy and releases it in the same form as was input. Applicability. The requirements of this ordinance shall apply to all energy storage facilities permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy Storage Facilities constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility -scale tilit. Energy Storage Systems shall be subject to the regulations and guidelines of Chapter 17.03.070 (Legal nonconformities) of this Code. 4) Development Standards. a) Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes. b) Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code: (i) Where visible from public view, the site shall be fully enclosed by a minimum six- foot. non -scalable solid wall. Where not visible from public view. the site shall be enclosed by a minimum six-foot, non -scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative concrete masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. When sound and visual attenuation requires a wall exceeding 6 feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than 6 feet of the wall is visible from the roadway. The mounds shall not exceed a three -to -one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side. Wall heights shall be limited to the standards in the applicable zoning district. (ii) No landscapin is s required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required. 13 The minimum required open space, as required by this Title, shall be limited to the perimeter landscaping surroundingperimeter screening wall or fencing described in subparagraph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks. (iii)Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view. (iv)Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls (v) Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (i), above, unless it can be demonstrated through a line -of -sight analysis to the satisfaction of the Director of Community Development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen (15) feet in height. (vi)Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the Director of Community Developments approval. (vii) Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building. (viii) On -site parking shall be provided as specified below: (a) For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided. (b) For unoccupied sites, one on -site parking space shall be provided. (c) All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the Director of Community Development. (d) All parking lots shall comply with Chapter 17.24 of this code. (e) All facilities shall have an approved signage plan including safety signs eg to be posted at the site. (f) All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the City of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to 14 hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. 5) Decommissioning. a) Decommissioning Plan. Prior to issuance of any building_ permits related to decommissioning activities, the applicant shall submit a Decommissioning Plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The Decommissioning Plan shall also include: (i) A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the site: (ii) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; (iii)The anticipated life of the Battery energy storage system; (iv)The manner in which the Battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the Battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and (v) A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage torage system from service that has been damaged by a fire or other event. b) Ownership Changes. If the owner of the Battery energy storage torage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and Decommissioning Plan. A new owner or operator of the Battery energy serge facility shall notify the Community Development Department of such change in ownership or operator within thirtyy(30) dqys of the ownership change. A new owner or operator must provide such notification to the Community Development Department in writing The project and all approvals for the Battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the Community Development Department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter. 6) Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities. a) Facilities shall not store anyproducts, goods, materials, or containers outside of any building on -site. 15 b) Facilities shall comply with noise requirements in Chapter 9.20 of this code. c) Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists. d) Prior to the issuance of a Certificate of Occupancy or Business License, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. 7) Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects. a) Consistent with Public Resources Code section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for a Energy Storage Facility, shall be granted unless the City finds that the construction and operation of the facility will have an overall net positive economic benefit to the City. For pLiMoses of this sub -section, economic benefits may include, but are not limited to, any of the following_ (i) Employment growth. (ii) Housingdevelopment. (iii)Infrastructure and environmental improvements. (iv)Assistance to public schools and education. (v) Assistance to public safety agencies and departments. (vi) Property taxes and sales and use tax revenues. b) Consistent with Public Resources Code section 24454.10, no conditional use permit for a Battery Energy Storage Facility, shall be granted unless the City has entered into a legally binding and enforceable agreement with, or that benefits, the City, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include fundingfor or or providing specific community improvements or amenities such as park and pla ryg ound equipment, urban greening, enhanced safety crossings, and paving roads and bike ap ths. c) The City of Temecula finds and declares that, where a Battery Energy Serge Facility, Utility Scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the City, a community benefit agreement in the form described in subsection (a), above, shall satisfy the obligations on Public Resources Code section 24454.10. Section 17. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section 17.14.030 (Use Regulations) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text) with all other provisions of Table 17.14.030 remaining unchanged: 16 Table 17.14.030 Schedule of Permitted Uses —Open Space Schedule of Uses PR OS OS-C OS-C-SM Agricultural uses - C C - Athletic field P - - - Bicycle paths P C C - CampRround C - I - - Caretakers' quarters C C C - Cemeteries, mausoleums and related uses C C - - Communications and microwave installations - - Flood control structures C C C C Game courts, badminton, tennis, racquetball P C - - Golf driving range not part of a golf course C C - - Golf course and clubhouse C C - - Golf course resort (including accessory visitor supporting accommodations and commercial uses, such as hotels, fractional ownership units, day spa, restaurants and conference center C - - - Government and public utility facilities C C C C Gymnasium C - - - Commercial marijuana activities - - - - Marijuana cultivatiow - - - - Nature centers/exhibits P C C - Nurseries - C - - Outdoor exhibits P P P - Picnic aroup facilities C C - - Private parks and recreation facilities P C - - Parking areas C C C - Public parks and recreation facilities P C - - Recreational vehicle park - C - - Riding stable, public or private C C _ G _ - Shooting galleries, ranges, archery courses - E_ - Single-family dwellings (1 unit per 40 acres) - P C - Tree farms - C - - Note: 1. All development subject to the standards set forth in Section 17.06.080. 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 18. Item 2 of Subsection D of Section 17.23.030 (Projects exempt — Building permit approval only.) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.030 remaining unchanged: 2. One detached, new construction ADU dia4 does not exeeed that has a minimum four -foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 17 Section 19. Subsection I (Separation) is hereby added to Section 17.23.040 (General requirements and application procedure.) of Chapter 17.23 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.040 remaining unchanged: I. Separation. All detached accessory dwellingunits nits (ADU's) shall have a minimum 6 foot separation from the primary residence, as measured in a straight line from exterior wall to exterior wall. Existing accessory structures converted to an ADU shall not be required to meet this standard. Section 20. Item 7 (Addressing) is hereby added to Subsection 17.23.050(B) (Development Standards) of Section 17.23.050 (ADU Standards) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code, (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.050(B) remaining unchanged: 7. Addressing. Addressing for all ADU and JADU units shall be as follows. without exception: a. The primary residential unit, newly constructed or existing, shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed for the same parcel. b. A second residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 2" identifier. c. A third and final residential unit, an ADU or JADU, shall bear the same main address as the primary residence with the additional unit bearing an illuminated "Unit 3" identifier. d. All addresses shall be legible and physically installed in a prominent location on the building that clearly identifies which entry is associated with each address and in accordance with Section 17.28.050(N) of this code. Section 21. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition of "Health and Exercise Club" and to amend the definition of "Specialty market" to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.34.010 remaining unchanged: H. "Health and Exercise Club" means fitness centers, gymnasiums, health and athletic facilities which charge a membership fee for access that may include indoor sauna or hot hib facilities- S. "Specialty market" means a retail market that specializes in a specific type or class of food, drink, and related products. 18 fi � thatisandsquare o*. In no case shall a specialty market be less than ten thousand (10,000) square feet. Section 22. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 2023. ATTEST: Randi Johl, City Clerk [SEAL] 19 Zak Schwank, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-13 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28th day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 20 Randi Johl, City Clerk Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: December 12, 2023 SUBJECT: Award Construction Contract to Beador Construction Company, Inc. for the 1-15 Congestion Relief Project, PW19-02 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council: 1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW19-02; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and 3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On May 23, 2023, the City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for the I-15 Congestion Relief Project, PW19-02 (Project). This Project, along with another freeway project being led by Caltrans, is a result of findings by the Move I-15 Temecula Valley Regional Task Force. The multi -agency task force examined various potential freeway improvements and concluded that operational and safety improvements including new auxiliary lanes, widening of on -ramps, installation of ramp metering, and other supporting features would help alleviate congestion on Interstate 15. Caltrans took the lead on delivering auxiliary lanes on northbound I-15 from Rancho California Road to Winchester Road and on southbound I-15 from Winchester Road to Rancho California Road and from Rancho California Road to Temecula Parkway. The City took the lead on the development, design, and construction of a new auxiliary lane on northbound I-15 from Temecula Parkway to Rancho California Road, which is the subject Project. The construction contract was publicly advertised September 25 through November 2, 2023. Seven (7) bids were received and publicly opened on Thursday, November 2, 2023. The results were as follows: Rank Bidder Bid Amount 1. Beador Construction Company, Inc. $ 4,364,300.00 2. Flatiron West, Inc. $ 4,665,270.00 3. Powell Constructors, Inc. $ 4,839,613.50 4. Empire Equipment Services, Inc. $ 4,882,450.22 5. Riverside Construction Company, Inc. $ 5,076,132.00 6. Leonida Builders, Inc. $ 5,542,625.90 7. Griffith Company $ 5,585,371.72 All bids received were responsive. Beador Construction Company, Inc. of Costa Mesa, California is the lowest responsible bidder. Beador Construction Company, Inc. has public contracting experience and has successfully completed similar projects. The Engineer's Estimate of construction cost was $5.3 Million. The construction contract allows for 150 working days (approximately 8 months) to construct the Project. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Intergraded 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) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 days of construction contract award. Fees outside the public right-of-way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvement projects are 5% of construction costs. In this case, the Project is on the State Highway System and as such, it is exempt from MSHCP fees. FISCAL IMPACT: The I-15 Congestion Relief project is included in the City's Capital Improvement Program Fiscal Years 2024-28. The sources of funds include Pechanga Intergovernmental Agreement, State Highway Operation and Protection Program and Minor Program (SHOPP), and Transportation Uniform Mitigation Fee (TUMF). There are sufficient funds in the project account to cover the contract amount of $4,364,300.00 plus the 10% contingency of $436,430.00 for a total encumbrance of $4,800,730.00. ATTACHMENTS: 1. Contract 2. Project CIP Budget Sheet CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for 1-15 CONGESTION RELIEF PROJECT NO. PW19-02, CALTRANS EA 08-1K4024 THIS CONTRACT, made and entered into the 12th day of December, 2023 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and Beador Construction Company, 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 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (2022 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 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024. 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 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024. 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. 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: 1-15 CONGESTION RELIEF, PROJECT NO. PW19-02, CALTRANS EA 08-1 K4024. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: FOUR MILLION THREE HUNDRED SIXTY-FOUR THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($4,364,300.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed one hundred fifty (150) 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 Payments shall be made in accordance with Section 9 PAYMENT of the Caltrans Standard Specifications (2022), as amended by the Revised Standard Specifications and the project Special Provisions. 7, LIQUIDATED DAMAGES 1 EXTENSION OF TIME In accordance with Government Code Section 53069.85 and Public Contract Code Section 10226, Contractor agrees to forfeit and pay to the City the applicable sum listed in Section 8-1.10 LIQUIDATED DAMAGES of the Caltrans Standard Specifications (2022) as amended, for each calendar day completion is delayed beyond the time allowed. An extension of time will be granted as specified in Section 8 PROSECUTION AND PROGRESS of the Caltrans Standard Specifications (2022) as amended. 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./Iwww.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 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 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 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 NOTI 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: 1. Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. 2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3. Worker's' Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance: The Contractor shall maintain limits no less than: General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars $1,000,000 per accident for bodily injury or disease. Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000. Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Caltrans, Riverside County Transportation Commission, 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, Caltrans, Riverside County Transportation Commission, 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, Caltrans, Riverside County Transportation Commission, 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, Caltrans, Riverside County Transportation Commission, 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, Caltrans, Riverside County Transportation Commission, 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 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: ATTEST: Randi Johl, City Clerk CONTRACTOR: Beador Construction Company, Inc. 2900 Bristol Street, Suite 204 Costa Mesa, CA 92626 (951) 674-73 dabead V or.com By: David Beador Print or type NAME Print or type NAME Print or type TITLE* (*Signatures of two corporate officers required for Corporations) APPROVED AS TO FORM: Peter M. Thorson, City Attorney CITY OF TEMECULA 0 Zak Schwank, Mayor SEp:FTs. STATE OF CALIFORNIA Office of the Secretary of State ;w m` STATEMENT OF INFORMATION o; CORPORATION ' California Secretary of State 'CgLTF_Wgk %" 1500 11th Street Sacramento, California 95814 (916) 653-3516 For Office Use Only -FILED - File No.: BA20230998071 Date Filed: 6/21/2023 Entity Details Corporation Name BEADOR CONSTRUCTION COMPANY, INC. Entity No. 2106117 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address Mailing Address of Corporation Mailing Address Attention Street Address of California Office of Corporation Street Address of California Office Officers 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 Officer Name Officer Address Position(s) 0 David A Beador 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 Secretary, Chief Financial Officer, Chief Executive Officer Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address 0 David A Beador 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address DAVID A BEADOR 2900 BRISTOL STREET D204 COSTA MESA, CA 92626 Type of Business Type of Business HEAVY HWY CONSTRUCTION Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Page 1 of 2 Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. David A Beador 0612112023 Signature Date J Cn O O ri O rt ri O M rt rt O Page 2 of 2 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 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023 SUBJECT: Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council: 1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04; and 2. Reject all construction bids received for the Santa Gertrudis Creek Phase II —Margarita Under -Crossing, PW 19-04; and 3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW 19-04 for construction bids. BACKGROUND: On October 10, 2023, City Council approved the plans and specifications and authorized the Department of Public Works to solicit construction bids for Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 (Project). The Project includes the 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. The construction contract was publicly advertised between October 12 and November 16, 2023. seven (7) bids were received and publicly opened on Thursday, November 16, 2023. The results were as follows: Rank Bidder Bid Amount 1. Leonida Builders, Inc. $ 2,380,235.00* 2. Beador Construction Company, Inc. $ 3,525,300.00 3. Flatiron West, Inc. $ 3,753,825.00 4. Riverside Construction Company, Inc. $ 4,297,715.00 5. KEC Engineering $ 4,507,251.10 6. Los Angeles Engineering, Inc. $ 5,950,500.00 N/A EnGEN Corporation Non-Resbonsive *Bid formally withdrawn by bidder. By letter dated November 20, 2023, Leonida Builders, Inc. formally withdrew its bid due to clerical errors. Staff has reviewed the withdrawal and found it in compliance with California Public Contract Code, Division 2, Part 1, Chapter 5. Relief of Bidders. The bid submitted by EnGEN Corporation was for providing geotechnical testing and reporting services, not for performing construction of the project. Their bid is deemed non -responsive to this advertisement. All other bids were deemed responsive. With the withdrawal of bid by the apparent low -bidder, the next lowest, responsive bid was submitted by Beador Construction Company, Inc. Their bid, at $3,525,300.00, is approximately $1.1 million over the apparent low -bid and approximately $1.4 million above the engineer's estimate. Staff recommends the rejection of all bids. Staff will explore additional Project funding opportunities, revisit the Project for potential cost reductions, and re -bid the Project accordingly. FISCAL IMPACT: There is no fiscal impact associated with the recommendations included in this agenda report. ATTACHMENTS: 1. Bid Withdrawal — Leonida Builders, Inc. 2. CIP Budget Sheet 3. Project Location 32023 Crown Valley TEL: (909)275-3354 LICENSE NO. 896772 Acton CA, 93510 DIR No. 1001081351 Licensed & Insured FAX: (951)566-4022 Classifications: A. B. & C-8 VIA EMAIL ONLY Will Becerra at Will. Becerra(iI'emeculaCA. ov November 20, 2023 City of Temecula CIO Will Becerra 4100 Main Street Temecula, CA 92590 Re: Formal Withdrawal of Bid: Clarification Regarding Clerical Error Project: Santa Gertrudis Creek Trail Phase II- Margarita Rd Under -Crossing Project No. PW19-04 Bid Date: November 16, 2023 Dear Mr. Becerra, It is with deep regret that Leonida Builders, Inc. informs you of our need to withdraw our bid submitted in connection with the Santa Gertrudis Creek Trail Phase II- Margarita Rd Under -Crossing, Project No. PW 19-04. Leonida Builders, Inc. submits such withdrawal in strict compliance with the requirements set forth per California Public Contract Code Section 5103. It has been discovered that a clerical error was made in the calculations provided in our bid documents at the time of submission on November 16, 2023. The mathematical error occurred on the following line items: Line Item 27(F) Structural Excavation should have been $150.00 a CY, not $50.00; Line Item 28(F) Structural Excavation (Ground Anchor Wall) should have been $160.00 a CY, not $60.00; Line Item 29(F) Structure Backfill (Retaining Wall) should have been $150.00 a CY, not $50.00; and lastly, Line Item 51 RCWD- Install 20" Welded Steel CML&C Pipe should have been $1,500.00 a LF, not $500.00. These errors tallied a difference of $636,000.00 from the bid that was submitted. This was a computation error and not due to an error in judgment or carelessness in inspecting the site of the work or in reading the plans or specifications. As a result, we must withdraw our bid due to clerical error. If you should have any additional questions or concerns, please do not hesitate to contact me at our office. Thank you Panagi is Leonida Presid nt cc: Avlin Odviar via Email at Avlin.Odviar@TemeculaCA.gov Tammy Petricka via Email at Tammy.Petricka@TemeculaCA.gov Emalee Sena via Email at Emalee.Sena@TemeculaCA.gov Samantha Preciado via Email at Samantha.Preciado@TemeculaCA.gov 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 Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW19-04 ", . Q01iLaCiC�Ct y `4 _ RV h, S a w� fx 4 .rsp :� t•` n •rst: a� � �p�"+- <%ter � y� ' O� r or 4.0 41fl 15 r 'IIT°pcS ae 411 i2.3 0 376.17 752.3 Feet This map is a user generated static output from an Internet mapping site e is for reference only. Data layers that appear on this map may or may not GS_1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliat Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATIC OF TENjtG G o�ti Coo 'Ro 1989 �- Legend City of Temecula Boundary Parcels Street Names Highways HWY d INTERCHANGE . INTERSTATE OFFRAMP ONRAMP . USHWY Creeks [l Cities Streets <Null> PAVED -- PROPOSED -- UNPAVED Notes Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023 SUBJECT: Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations — Phase 1, PW 19-07 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations — Phase 1, PW19-07 by $70,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $70,000. BACKGROUND: On September 27, 2022, the City Council awarded the construction contract for the Community Recreation Center Renovations — Phase 1, PW19-07 to Act 1 Construction, Inc. Phase 1 comprises mainly of rehabilitation work by replacing, repairing, or updating portions of the building's mechanical, electrical, and plumbing systems, foundation, roof, and accessibility, as needed. This Phase will address all items identified in the ADA Transition Plan throughout the building interior and exterior. During construction, Building & Safety Department staff identified several ramped sidewalk areas along the exterior of the building that required installation of handrails to comply with current ADA requirements. The current contingency balance is insufficient to add the required handrails. Staff recommends an increase to the construction contingency, and the City Manager's authority to issue construction contract change orders, by $70,000 for a total authorized contingency of $426,839.50. FISCAL IMPACT: The Community Recreation Center Renovations — Phase 1, PW19- 07 is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024- 28, and is funded with Developer Contribution, DIF-Park & Rec Improvements, DIF-Quimby, and Measure S. Adequate funds are available in the project account to cover the requested additional contingency amount of $70,000. A portion of these appropriations was intended to cover the projected construction cost of Phase 2. To move forward with Phase 2 construction in the future, additional funds will be needed. ATTACHMENTS: 1. Project Description 2. Project Location AIWA The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program COMMUNITY RECREATION CENTER (CRC) RENOVATIONS Infrastructure Project Project Description: This project facilitates the rehabilitation of the CRC, including the expansion and reconfiguration of the teen center; renovation of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment. Phase 1 includes full repair, maintenance, and updating to current standards. Phases 2 and 3 include expansion and improvements throughout the facility. Benefit: This project will create a safe, engaging place for teens to participate in a variety of activities, while also providing necessary renovations to the facility. Core Value: Healthy and Livable City Project Status: Phase 1 construction and Phase 2 design in FY 2022-23. Phase 2 construction and Phase 3 design in FY 2023-24. Phase 3 construction in FY 2024-25. Department: Public Works - Account No. 210.265.999.730 / PW19-07 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Proposed Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost Administration 165,083 235,680 40,720 50,000 491,483 Construction 6,288,067 2,583,022 2,020,551 10,891,640 Construction Engineering 434,655 122,204 201,644 758,503 Design & Environmental 286,582 698,861 985,443 Information Technology 575,000 225,000 800,000 Total Expenditures 451,665 8,232,263 2,970,946 2,272,195 13,927,069 Source of Funds: Developer Contribution 750,000 750,000 DIF-Park & Rec Improvements 200,000 1,321,208 400,000 1,921,208 DIF-Quimby 160,000 2,193,952 1,096,640 3,450,592 Measure 5 165,377 3,893,391 1,474,306 2,272,195 7,805,269 Total Funding 1 525,377 8,158,551 2,970,946 2,272,195 13,927,069 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. Developer Contribution reflects the extraordinary community benefit payment from the Heirloom Farms development. 118 4TiiLcITY OF -0 TEMECULA Community Recreation Center (CRC) Renovations - Project Location ' UM 'I MIS 4a u, .k r.. I prt a •h Ir' 188.1 0 94.04 188.1 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be WGS 1984_Web_Mercator_Auxiliary_Sphere accurate, current, or otherwise reliable. © Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels City of Temecula Boundary Streets <all other values> COLLECTOR LIMITED SECONDARY ARTERIAL LOCAL MAJOR ARTERIAL MODIFIED SECONDARY ARTERI, PRINCIPAL ARTERIAL PRIVATE RURAL HIGHWAY SECONDARY ARTERIAL URBAN ARTERIAL Creeks ❑ Cities Notes 30875 RANCHO VISTA ROAD TEMECULA CA 92592 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023 SUBJECT: Accept Improvements and File the Notice of Completion for Traffic Signal — Promenade Mall Ring Road, PW21-15 PREPARED BY: Nick Minicilli, Senior Civil Engineer Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Accept the Improvements for Traffic Signal — Promenade Mall Ring Road, PW21-15, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. BACKGROUND: On September 13, 2022, the City Council awarded a construction contract to ILB Electric, Inc., in the amount of $412,206.00, and authorized the City Manager to approve construction contract change orders not to exceed the contingency amount of $41,220.60, for the Traffic Signal - Promenade Mall Ring Road, Project No. PW 21-15. The Promenade Mall East and Ring Road traffic signal is an improvement required as part of the August 27, 2013 Joint Funding Agreement between the City and Temecula Town Center Associates L.P. ("Developer"). According to the Agreement, the City, at its sole cost and expense, shall design and construct the fourth traffic signal on the Ring Road at the Promenade Mall East entrance from Winchester Road just west of Margarita Road. The traffic signal shall include full vehicular and pedestrian controlled movements, interconnection to the Winchester Road/ Promenade Mall East intersection and infrastructure to support future closed circuit video monitoring equipment. The Agreement states that the Developer shall pay the sum of Forty -Four Thousand Four Hundred Forty -Six Dollars ($44,446.00) toward the cost of the traffic signal. The work installed a traffic signal system at the intersection of Promenade Mall East and Ring Road complete and included street name signs, safety lighting, emergency vehicles pre-emption, fiber optic cable connection, traffic signal loop detectors, signing, striping, pedestrian curb ramp, modification to existing pedestrian ramps, and all incidental work and materials. ILB 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 October 2, 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 $412,206.00. Three construction contract change orders were issued totaling $15,383.34. This resulted in a total construction cost of $427,589.34. FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing and recording the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED B AND RETURN TO: CITu CLERK CITF] OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 NOTICE OF COMPLETION NOTICE IS HEREB❑ 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 International Line Builders, Inc} 3955 Temescal Canyon Road, Corona, CA 92883 to perform the following work of improvement TRAFFIC SIGNAL — PROMENADE MALL RING ROAD Project Nol PW21-15 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 December 12, 2023. That upon said contract the Liberty Mutual Insurance Company and Travelers Casualty and Surety Company of America 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 � TRAFFIC SIGNAL — PROMENADE MALL RING ROAD Project Nol PW21-15 6. The location of said property is❑ Promenade Mall East and Ring Road, Temecula, California Dated at Temecula, California, this 12' day of December, 2023. City of Temecula Randi ohl, City Clerk STATE OF CALIFORNIA ) COUNT❑ OF RIVERSIDE ) ss CIT❑ OF TEMECULA ) I, Randi ohl, 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 12th day of December, 2023. City of Temecula Randi ohl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 190050875/107683136 MAINTENANCE BOND for TRAFFIC SIGNAL PROMENADE MALL RING ROAD PROJECT NO. PW21-15 KNOW ALL PERSONS BY THESE PRESENT THAT International Line Builders, Inc. DBA ILB Electric, 3955 Temescal Canyon Road, Corona, CA 92883 NAME AND ADDRESS OF CONTRACTOR Corporation (fill in whether a Corporation, Partnership, or Individual) (hereinafter called "Principal"), and Liberty Mutual Insurance Company, 175 Berkeley Street, Boston, MA 02116 & Travelers Casually and Surety Company of America, One Tower Square, Hartford, CT 06183 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 Forty Two Thousand Seven Hundred Fifty Eight DOLLARS AND 93/100 CENTS ($ 42,758.93 ] 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 13th day of September , 2022 , a copy of which is hereto attached and made a part hereof for the construction of TRAFFIC SIGNAL PROMENADE MALL RING ROAD, PROJECT NO. PW21-15. 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 2nd day of October , 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 9th day of November , 2023 INSU,4q jLOriFOR�hE'ym (Seal) 1912 n Yd3 ors"rn6,c dad Liberty Mutual Insurance Company & SURETY Travelers Casualty and Surety Company of America ,�uninW �010 "+HIV, HARTFORDF5 � By. Heather R. Goedtel (Name) Attorney -in -Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPAL: International Line Builders, Inc DBA ILB Electric By: 4,4rTw4ch) (Name) PfIC.'I--� (Title) By: � (Name) V i U, I� �rPS, tlen �- (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 Riverside On November 13, 2023 before me, Tiffany Reinsimar, Notary Public (insert name and title of the officer) personally appeared Matthew Edwards, Vice President who proved to me on the basis of satisfactory evidence to be the pe song) whose name is afW subscribed to the within instrument and acknowle d to me that atw/thdq executed the same in his rl� it authorized capacity, and that by i� erlth�ir signatures on the instrument the persory, or the entity upon behalf of which the person(tj 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. TIFFANYREIN51M,4R Notary Puhlfc - California Riverside County Comrnlssion # 2358591 _ --- -i lamy Comm. Expires may 23, 2025 Signature Nj':" (Seal) L' 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 Riverside On November 13, 2023 before me, Tiffany Reinsimar, Notary Public (insert name and title of the officer) personally appeared Arnold Arias, Vice President who proved to me on the basis of satisfactory evidence to be the per ort(T*si !whose name bscribed to the within 'snstrument and acknowle ed to me that h 11>e Ittr6y executed the same in hi rltlf it authorized capacity{ }, and that by(ll I it signs uraR) on the instrument the rsonM, or the entity upon behhif of which the person) 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. *my WITNESS my hand and official seal. TIFFANYRElNSAAR Notary Public • Calfforma Riverside County Commission # 2358591 Comm. Expires May 23, 2025 Signature 1�r� `� (Seal) ACKNOWLEDGMENT A no 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 validitV of that document. State of I&ARZYM Minnesota County of Hennepin On November 9. 2023 before me, Blake S. Bohli , Notary Public (insert name and title of the officer) personally appeared Heather R. Goedtel. Attorney- in -Fact 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 ofX*MWrfa that the foregoing paragraph is true and correct. Minnesota WITNESS my hand and official seal. Signature (Seal) �.tirtsr,� BLAKE S. BOHLIG Notary Public µ State of Minnesota My Commission Expires .,. January 31,2026 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8209635-190003 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corpotalion duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a oorporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, BIakc S. Bob Iig; Brian I). Ca rpctiter-, Cra ig 01mstead; f:rik i-. Gunkc1; l talky Pflug, I leather R. Goedlcl, Jessica Hecker, KelIy Nicole I,'nghatlascn I.Iluric Ptltlg: Michelle I falter Michelle Ward, Nicole Longer all of the city of Bloomington state of MN each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surely and as its act and dead, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 20th day of March 2023 Liberty Mutual Insurance Company P4 tt1$Up 4y'I'1 INS& a 3NS&R� The Ohio Casualty Insurance Company Jk`oaPaa+r C+m 01,$ "°a+r ym uG aR�Q"4r� fi West American Insurance Company 7 , ty 1912 n n 1919 V 1991 s o a a aa) �„� ��da c yy� da rS, +Nnrsr+r�d3 By. 0 ko State of PENNSYLVANIA David M. Carey, Assistant Secretary D � t:�:n County of MONTGOMERY ss o E a) On this 20th day of March 2023 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance •' � Y. P Y PP Y, 9 Y ty � o �6 Company, The Ohio Casualty —Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes > therein contained by signing on behalf of the corporations by himself as a duly authorized officer, w <J N � L3 c 'rn IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, yip p4s� k.^ 'Gpt �- Commonwealth or?9nn$yWrAb-Notary Seel �Qu �, C Teresa Pas(ella, No" Public Montgomery County OF My commission expires March 28, 2025 q Commission number 1126044 By: `l LW, Member, Pennsylvania AsaaciallonM Nolanns ere.a"a Paste /rA Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 9th day of November , 2023 . P4 ►NS4V p�KI INS&, 1NSZIFyq °a�e� ��r+ ,aIkFONfR �oym 1912 0 1919 f 1991 By: �'ACµkSg �aa o3H kAM7B Y�� M'OIAN='�,ab Renee C. Llewellyn. Assistant Secretary1r 1 # ]� vS7 a % LMS-12873 LMIC OCIC WAIC Multi Cc 02/21 O O � N 3 o? O C-) :i. L C? Go c� kB — vCU � U d am Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint HEATHER R GOEDTEL of BLOOMINGTON , Minnesota , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. a� r liSR�F M �� W� Wirt � � HARTCONN , 6 Epp)( L` CONN. IN State of Connecticut City of Hartford ss. r By; Robert L. Raney(. -Senior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. �tiPr ND.y. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �s'=u� #loiAAY My Commission expires the 30th day of June, 2026 � o� Hu��l Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 9th day of November , 2023 . 8T��� eryl�Ayd �Flt4iFORa . HARTFORD, Cq{N7pI'1. it UXi+• � � h CONN. Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power ofAttorney is attached. ,�.oaa-:1,-AD- CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for TRAFFIC SIGNAL PROMENADE MALL RING ROAD PROJECT NO. PW21-15 This is to certify that ILB Electric, (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 TRAFFIC SIGNAL PROMENADE MALL RING ROAD, PROJECT NO. PW21-15, situated in the City of Temecula, State of California, more particularly described as follows: RING ROAD AT PROMENADE MALL EAST ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: 11/1/23 By Signature Shaun Latham, Sr. Project Manager Print Name and Title CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE R-1 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: December 12, 2023 SUBJECT: Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project PREPARED BY: Anissa Sharp, Management Assistant Ron Moreno, Assistant Director of Public Works RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COST PARTICIPATION AGREEMENT BETWEEN CITY OF TEMECULA AND WINGSWEEP CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT 2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP on behalf of the City of Temecula. BACKGROUND: The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 055, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation ("Developer") are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project (the "Project"). In connection with the Project, the City previously authorized the construction of (i) public improvements related to Nicolas Road and Calle Girasol in the City (the "Road Improvements"), (ii) a "Community Sports Park" bordered on three sides by Butterfield Stage Road, North Loop Road, and Long Valley Wash (the "Sports Park"), and (iii) improvements to Butterfield Stage Road including the Butterfield Stage Road Phase III improvements (the `Butterfield Stage Road Phase III Improvements"), and (iv) the Long Valley Wash trail system including its easterly connection to the "Wine Country" future trail system (the "East Trail System Connection"). Together, the Road Improvements, the Sports Park, the Butterfield Stage Road Phase III Improvements, and the East Trail System Connection will be referred to as the "Improvements." The Improvements are part of the Project. On March 9, 2022, the City and the Phase II Owners entered into an Eighth Operating Memorandum to the Development Agreement (the "Memorandum"). Pursuant to the Memorandum, the Phase II Owners have agreed to participate in the planning, permitting, and/or construction of certain improvements which are part of the Project and the City has agreed to fund those improvements (the "Additional Improvements"). This Agreement will set forth specific terms of the Parties' respective participation in the Improvements and the Additional Improvements, which together consist of the following: • The additional improvements to Nicolas Road adjacent to the Seraphina project (the "Seraphina Frontage Improvements") which are described as Exhibit A to the agreement. • The upsizing of an Eastern Municipal Water District ("EMWD") sewer main (the "Sewer Improvements") which is described as Exhibit B to the agreement. • The installation of additional streetlights and associated electrical services within the Nicolas Road and Calle Girasol project (the "Streetlight Improvements"). The Streetlight Improvements are described as Exhibit C to the agreement. • The installation of certain additional improvements to the Sports Park (the "Sports Park Improvements"), which are described as Exhibit D to the agreement. • The landscape repairs and additional landscaping for erosion control purposes within the Butterfield Stage Road Phase III Improvements (the "Landscape Improvements"), which are described as Exhibit E to the agreement. • The additional improvements to the East Trail System Connection (the "Trail Improvements"), which are described as Exhibit F to the agreement. The Agreement outlines the application of funding and responsibilities of both the City and Developer as they relate to the Improvements and Additional Improvements. FISCAL IMPACT: Sufficient funds will be available through the Nicolas Road Multi - Use Trail Extension (PWNT-25) and the Citywide Trails Account. Additional appropriation of funds will be allocated as needed. ATTACHMENTS: 1. Resolution 2. Cost Participation Agreement 3. Cost Participation Agreement Exhibits RESOLUTION NO. 2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COST PARTICIPATION AGREEMENT BETWEEN CITY OF TEMECULA AND WINGSWEEP CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Approval of Agreements. The City Council hereby approves the agreement entitled "Cost Participation Agreement" between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP for public improvements related to the Sommers Bend Project, and authorizes the Mayor to execute the Agreement on behalf of the City in the form presented to the City Council with such non -substantive changes as may be approved by the City Attorney as necessary and convenient to implement the purposes of the Agreement. Section 2. City Manager AuthoritX. The City Manager is authorized and directed to take all actions necessary and convenient to implement the Agreement and to enter into such additional agreements as may be necessary and convenient to implement the agreements, including but not limited to, executing operating memoranda and agreements, certifications, escrow, amendments to the Agreement, and similar agreements and actions. Section 3. Environmental Review. The City of Temecula shall be responsible for obtaining any and all environmental permits and approvals as may be necessary for the project including, but not limited to, compliance with requirements imposed under the California Environmental Quality Act ("CEQA") as may be applicable. 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 12th day of December, 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 12th day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk COST PARTICIPATION AGREEMENT BETWEEN WINGSWEEP CORPORATION AND WOODSIDE 05S, LP AND CITY OF TEMECULA This "Cost Participation Agreement between Wingsweep Corporation and Woodside 05S and the City of Temecula" ("Agreement") is entered into and effective as of , 2023, between the City of Temecula, a municipal corporation ("City") and Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation (jointly, the "Phase II Owners"). City and the Phase II Owners are referred to within this Agreement jointly as the "Parties" and individually as a "Party." RECITALS This Agreement is made with respect to the following: a. The Phase II Owners are the owners of part of the area generally known as Phase II of the Roripaugh Ranch Specific Plan (the "Property"). b. The Property is a portion of land which is the subject of a statutory development agreement entered into between Ashby USA, LLC ("Ashby") and the City dated December 17, 2002, and recorded on January 9, 2003, in the Official Records of the County of Riverside as Document No. 2003-018567 (the "Development Agreement"). C. The Phase II Owners are the successors -in -interest to Ashby under the Development Agreement with respect to the completion of Phase II of the Roripaugh Ranch Specific Plan (the "Project"). d. In connection with the Project, City previously has authorized the construction of (i) public improvements related to Nicolas Road and Calle Girasol in the City (the "Road Improvements"), (ii) a "Community Sports Park" bordered on three sides by Butterfield Stage Road, North Loop Road, and Long Valley Wash (the "Sports Park"), and (iii) improvements to Butterfield Stage Road including the Butterfield Stage Road Phase III improvements (the `Butterfield Stage Road Phase III Improvements"), and (iv) the Long Valley Wash trail system including its easterly connection to the "Wine Country" future trail system (the "East Trail System Connection"). Together, the Road Improvements, the Sports Park, the Butterfield Stage Road Phase III Improvements, and the East Trail System Connection will be referred to within this Agreement as the "Improvements." The Improvements are part of the Project. e. On March 9, 2022, City and the Phase II Owners entered into an Eighth Operating Memorandum to the Development Agreement (the "Memorandum"). Pursuant to the Memorandum, the Phase II Owners have agreed to participate in the planning, permitting, and/or construction of certain improvements which are part of the Project and the City has agreed to fund those improvements (the "Additional Improvements"). f. This Agreement will set forth specific terms of the Parties' respective participation in the Improvements and the Additional Improvements, which together consist of the following: • The additional improvements to Nicolas Road adjacent to the Seraphina project (the "Seraphina Frontage Improvements") which are described on Exhibit A. • The upsizing of an Eastern Municipal Water District ("EMWD") sewer main (the "Sewer Improvements") which is described on Exhibit B. • The installation of additional streetlights and associated electrical services within the Nicolas Road and Calle Girasol project (the "Streetlight Improvements"). The Streetlight Improvements are described on Exhibit C. • The installation of certain additional improvements to the Sports Park (the "Sports Park Improvements"), which are described on Exhibit D. • The landscape repairs and additional landscaping for erosion control purposes within the Butterfield Stage Road Phase III Improvements (the "Landscape Improvements"), which are described on Exhibit E. • The additional improvements to the East Trail System Connection (the "Trail Improvements"), which are described on Exhibit F. g. The Parties desire to enter into this Agreement to provide for (i) the design and construction by the Phase II Owners of the Improvements and Additional Improvements, and the terms of the funding of portions of the Improvements and Additional Improvements by the City and the Phase II Owners. This Agreement is intended to serve as the separate agreement referenced in Section M of the Memorandum. AGREEMENT For the consideration set forth within this Agreement, the Parties agree as follows: 1. The Improvements, Additional Improvements, and Application of Funding Sources. a. Seraphina Frontage Improvements. The City shall be responsible for the full cost of the design and construction of the Seraphina Frontage Improvements, including the bicycle path and the roadwork on Nicolas Road necessary to construct the bicycle path. The City shall apply funds from the City Capital Improvement Project Account (the "City Capital Improvement Project Funds") and the City Trails Master Plan Implementation Account (the City Trails Master Plan Implementation Funds") to the cost, pursuant to Section 2, Reimbursement of Costs. In addition, the Phase II Owners shall apply any remainder savings pursuant to Section 5, Delta Revision Offset, which are not applied to the Landscape Improvements and the Trail Improvements. b. Sewer Improvements. The City and EMWD have entered into a cost participation agreement by which EMWD will reimburse City the actual costs of the Sewer Improvements. The City shall reimburse the Phase II Owners the full amount of any EMWD reimbursement funds received by the City, pursuant to Section 3, Transfer of EMWD Reimbursement (the "EMWD Reimbursement Funds"). C. Streetlight Improvements. To partially offset the cost of the design and construction of the Streetlight Improvements, the City has calculated and provided reductions in the plan check and inspection fees paid by the Phase II Owners to the City (the "Plan Check and Inspection Fee Reduction"). The Phase II Owners shall apply savings from the Plan Check and Inspection Fee Reduction to the cost of the Streetlight Improvements, pursuant to Section 4, Adjustment of City Plan Check and Inspection Charges. d. Sports Park Improvements. To partially offset the cost of the design and construction of the Sports Park Improvements, the Phase II Owners shall apply savings from the Plan Check and Inspection Fee Reduction to the cost of the Sports Park Improvements, pursuant to Section 4, Adjustment of City Plan Check and Inspection Charges. e. Landscape Improvements. To offset the cost of the design and construction of the Landscape Improvements, the City has approved revisions to the plans and specifications for the Road Improvements (the "Delta Revision Offset"). The Phase II Owners shall apply savings from the Delta Revision Offset to the cost of the Landscape Improvements, pursuant to Section 5, Delta Revision Offset. f. Trail Improvements. To offset the cost of the design and construction of the Trail Improvements, the Phase II Owners shall apply savings from the Delta Revision Offset, pursuant to Section 5, Delta Revision Offset. 2. Reimbursement of Costs. Phase II Owners shall design, construct, and install the Seraphina Frontage Improvements, consistent with Exhibit A, as follows: a. The Phase II Owners shall maintain all books, records, reports, invoices, and correspondence to or from consultants, engineers, contractors, subcontractors, and other persons (the "Documentation") relating to the costs incurred for the design and construction of the Seraphina Frontage Improvements which are to be borne by the City pursuant to this Agreement, the Memorandum, the Third Amendment, and any other agreement entered into between the City and the Phase II Owners, whether before or after the signing of this Agreement, which obligates the City to pay, reimburse, or otherwise direct funding to the Phase II Owners for work performed and paid for by the Phase II Owners (collectively, the "Reimbursable Costs"). Phase II Owners shall permit representatives of City to review and copy the Documentation on two (2) business days' written notice to Phase II Owners. Phase II Owners shall deliver all Documentation to City within three (3) months from the date of City's acceptance of the Improvements to which the Documentation relates. This requirement is separate and distinct from any documentation required for reimbursement to the Phase II Owners either (i) from the available and future bond proceeds from CFD 16-01 and CFD 03-02 or (ii) for the EMWD Reimbursement addressed in Section 3, Transfer of EMWD Reimbursement. b. The Phase II Owners shall pay when due all invoices for Reimbursable Costs actually incurred ("Paid Invoices"). On or about the first calendar day of each month, the Phase II Owners will provide the City with copies of each Paid Invoice paid during the previous calendar month with the information required by the "reimbursement package" described in Section 2d below. C. Within thirty (30) calendar days after the execution of this Agreement, the City shall provide to the Phase II Owners the form and content of the reimbursement package, as reasonably required by the Director of Public Works, to be provided by the Phase II Owners with each monthly request for reimbursement of Reimbursable Costs paid by the Phase II Owners. d. Within thirty (30) calendar days after the receipt of each monthly reimbursement package, the City shall fully reimburse the Phase II Owners the amount of all Paid Invoices included within that month's reimbursement package. The Phase II Owners may include the cost of design of Improvements undertaken before the signing of this Agreement in the first monthly request for reimbursement. 3. Transfer of EMWD Reimbursement. With respect to the Sewer Improvements: a. The City and EMWD have entered into a cost participation agreement (the "Participation Agreement") by which EMWD will reimburse City the actual costs of the Sewer Improvements (the "EMWD Reimbursement"). b. Within thirty (30) calendar days after the execution of this Agreement, the City shall provide to the Phase II Owners the information required by the City to timely request the EMWD Reimbursement pursuant to the Participation Agreement (the "Sewer Cost Information"). C. The Phase II Owners will complete the Sewer Improvements consistent with Exhibit B. d. The Phase II Owners will maintain and make available to the City documentation in the same form and on the same terms as required for the Documentation in Paragraph 2b above. e. Upon completion of the Sewer Improvements, the Phase II Owners shall provide the City the Sewer Cost Information. Once the Sewer Cost Information is provided to the City by the Phase II Owners, the City shall diligently pursue the EMWD Reimbursement by requesting the EMWD Reimbursement from EMWD on the earliest date reasonably possible under the Participation Agreement. f. The City shall reimburse the Phase II Owners the full amount of any EMWD Reimbursement funds received by the City within fifteen (15) business days after those funds are received by the City. 4. Adjustment of City Plan Check and Inspection Charges. a. To partially offset the cost of the design and construction of the Streetlight Improvements and Sports Park Improvements, the City shall modify its Public Works plan check and inspection fees for the Project, as follows: 1) The City will not charge plan check and inspection fees for the Rancho California Water District facilities, EMWD facilities, and arch culverts, none of which require City Public Works inspection. 2) The City Building Department, rather than the Public Works Department, will plan check and inspect the structural components of the arch culverts and will charge established Building Department plan check and inspection fees. b. The Phase II Owners will pay established plan check and inspection fees to said Districts. C. The amount of the reduction in plan check and inspection fees has been calculated as $321,230. City and Phase II Owners hereby agree that this amount is the full and sufficient adjustment of the Public Works plan check and inspection fees due to the Phase II Owners under this Agreement. 5. Delta Revision Offset a. To offset the cost of the design and construction of the Landscape Improvements and the Trail Improvements, the City has approved 1) an elimination of certain components of a rock -lined drainage swale, to be documented by a delta revision to the Road Plans, and 2) a substitution of "CMB" road base material for the "CAB" road base material specified in the construction documents, to be documented by an "as -built" notation on the archived construction documents (together, the "Delta Revision Offset"), as described on Exhibit G. b. City and Phase II Owners hereby agree that the actual amount of savings resulting from the Delta Revision Offset cannot be finalized until completion of the Road Improvements work, that the actual amount of savings shall be considered to be sufficient to offset the cost of the design and construction of the Landscape Improvements and the Trail Improvements, and that the remainder of the actual amount of savings shall accrue to the Phase II Owners, to be applied pursuant to Section La, Seraphina Frontage Improvements. 6. Terms of Construction Contracts. Provisions for Prevailing Wage, Registration with the Department of Industrial Relations, Indemnification, Liability Insurance and Workman's Compensation for the Seraphina Frontage Improvements, the Sewer Improvements, the Streetlight Improvements, the Sports Park Improvements, the Landscape Improvements, and the Trail Improvements shall be as required in the construction contracts approved by the City. 7. Reconciliation of Costs. Upon the completion of the Road Improvements, the Parties agree to conduct a reconciliation, comparing all estimated costs and estimated savings under this Agreement with the actual costs incurred and savings realized under this Agreement. The Parties agree that the City shall be responsible for any actual funding shortfall for the Seraphina Frontage Improvements, and may apply City Capital Improvement Project Funds as necessary to cover any such actual shortfall. 8. Default. a. If one Party claims that the other Party has defaulted on its obligations under this Agreement, that Party shall notify the other Party of the alleged default. The Party receiving the notice of default shall cure the default within fifteen (15) days of the date of the Notice of Default, unless the default cannot reasonably be cured within that time, in which case the Party in default shall commence the cure and shall diligently prosecute the cure to completion. b. Except as provided in Paragraph 7c below, each Party shall have all remedies provided by law for any uncured default or breach of this Agreement. C. The Parties agree that damages may not be an adequate remedy if either Party fails to carry out its obligations under this Agreement. The sole remedy of either Party in the event of a breach of this Agreement by the other Party shall be specific performance (including the performance of any obligation to pay funds required by this Agreement), declaratory relief, writ of mandate, or similar remedies to compel the other Party's compliance with the terms of this Agreement. 9. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice: To City: City of Temecula Attention: City Manager 41000 Main Street Temecula, CA 92590 Copy to: Peter M. Thorson Richards, Watson & Gershon 350 South Grand Ave, 37th Floor Los Angeles, CA 90071 To Woodside 055, LP: Woodside 055, LP Attn: Trent Heiner 1250 Corona Pointe #500 Corona, CA 92879 With a copy to: Cynthia Paulsen Cox, Castle & Nicholson LLP 3121 Michelson Drive, Second Floor Irvine, CA 92612 To Wingsweep: Wingsweep Corporation Attn: Joseph T. Gauthier, Esq. c/o UNICOM PLAZA, Suite 310 15535 San Fernando Mission Boulevard Mission Hills, CA 91345 10. General. a. Choice of Law. This Agreement is made under and in all respects will be interpreted, enforced, and governed by the laws of the State of California. b. Jurisdiction. Any action by either Party shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. C. Amendment. This Agreement cannot be altered, amended or modified in any way without the express written consent of each of the Parties or their authorized successor -in -interest. The Parties have, however, mutually cooperated through agreements such as the Memorandum and this Agreement to facilitate the development of certain components of the Project. Therefore, future agreements between the Parties which, by their specific terms, would modify or eliminate the obligations of the Parties under this Agreement shall control over the terms of this Agreement even if this Agreement is not formally modified to be consistent with those specific terms of a future agreement. d. Assignment. This Agreement shall not be assignable by either Party in whole or in part without the prior written consent of the other Party, which written consent shall not be unreasonably withheld. The assigning Party shall provide to the other Party thirty (30) days' advanced notice of any such proposed assignment. e. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, assigns, executors, and administrators. f. Entire Agreement. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties which are the subject of this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to those obligations which are not set forth within this Agreement shall not be binding upon the Parties. g. Phase II Owners Not Agent of City. Neither Phase II Owners nor any of Phase II Owners' agents or contractors are or shall be considered to be agents of City in connection with the performance of Phase II Owners' obligations under this Agreement. h. Legal Responsibilities. Phase II Owners shall comply with all applicable local, state and federal laws and regulations governing the employment of individuals hired or otherwise retained by the Phase II Owners to perform their obligations under this Agreement. City, and its officers and employees shall not be liable for the failure of Phase II Owners to comply with this Subparagraph. i. Time of the Essence. Time is of the essence of this Agreement. j. Interpretation and Construction. Each Party has reviewed this Agreement and each has had the opportunity to have its respective counsel review and revise this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or its Exhibits. In this Agreement, the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the sections and subparagraphs of this Agreement are for convenience and reference only and shall not be interpreted to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. k. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid for any reason, the validity of the remaining provisions will not be affected, provided that the court determines that the intent of this Agreement can be fulfilled without the invalid provision. 1. Authority to Execute Agreement. The individuals executing this Agreement on behalf of the Parties each warrants and represents that he or she has the authority to execute this Agreement on behalf of that Party and bind that Party to its obligations under this Agreement. M. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute a single agreement. Each Party agrees that each Party may use either original signatures or electronic and digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties, if any, included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. n. Exhibits. The following exhibits are attached to this Agreement and are incorporated into this Agreement as though set forth in full: Exhibit A Description of the Seraphina Frontage Improvements Exhibit B Description of the Sewer Improvements Exhibit C Description of the Streetlight Improvements Exhibit D Description of the Sports Park Improvements Exhibit E Description of the Landscape Improvements Exhibit F Description of the Trail Improvements Exhibit G Description of the Delta Revision Offset [SIGNATURE PAGES FOLLOW] [EXHIBITS FOLLOW] This Agreement has been signed by the Parties as of the date set forth in the first paragraph on Page 1 of this Agreement: Woodside 055, LP, a California limited partnership By: WDS GP, Inc., A California corporation, Its general partner IRA Name: Title: Wingsweep Corporation, a California corporation LIZZ Corry Hong President and Chief Executive Officer City of Temecula, a municipal corporation Aaron Adams, City Manager Attest: Randi Johl, City Clerk Approved as to form: UR Peter M. Thorson, City Attorney Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit A Description of the Seraphina Frontage Improvements 1. Design and Permitting Estimated Costs. # Description Consultant/Agency Amount 1 Bike Path Design, construction support, MBI $129,956 2 Environmental - monitoring HELIX $49,668 3 Traffic Control Plans Allied / MBI $29,133 4 Lighting Design & Electrical Engineering Visual Concepts $2,885 Total: $211,642 2. Improvements from Nicolas Road Centerline Station 76+00 to Nicolas Road Centerline Station 95+00 as shown on City of Temecula Department of Public Works Street Improvement Plans entitled "TM 37368 — Roripaugh Ranch Specific Plan, CFD No. 03-03 & CFD No. 16-01, Nicolas Road and Calle Girasol Street Improvements", Sheets C-8, C-9, and C-10, and accompanying detail sheets and sheets of notes, signed by Public Works Director / City Engineer Patrick A. Thomas, 11/09/2022. # Description Contractor/Agency Amount 1 Dry Utilities AD Wilson $143,722 2 Earthwork, demolition, removals DMC $70,515 3 Communications Relocation Frontier $4,282 4 Street Surfacing Hillcrest $355,887 5 Landscape Jon Gilmer Construction $6,955 6 Construction Staking MBI $71,000 7 Geotechnical Testing and Reporting Leighton $21,617 Total: $673,979 Exhibits for Nicolas/Girasol Cost Participation Agreement Traffic Control Implementation Costs — Stage IA (Seraphina Frontage). # Description Contractor Amount 1 Traffic Control Implementation Allied $47,814 2 Temporary paving - north side. Pacific Masters $39,936 3 Temporary paving — south side. Hillcrest $85,743 4 Temporary paving removal (estimate) TBD $8,493 Total: $181,986 4. Total Seraphina Frontage Estimated Cost: $1,067,607 Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit B Description of the Sewer Improvements Upsizing of improvements as shown on Eastern Municipal Water District (EMWD) sewer relocation plans entitled "Nicolas Rd & Calle Girasol, 15" Sewer Relocation", Sheets 1 — 4, signed by EMWD on 8/19/2021, and which are Sheets C-44 through C-47 of City of Temecula Department of Public Works Street Improvement Plans entitled "TM 37368 — Roripaugh Ranch Specific Plan, CFD No. 03-03 & CFD No. 16-01, Nicolas Road and Calle Girasol Street Improvements". The Sewer Improvements are the subject of the "Cost -Participation Agreement between City of Temecula and Eastern Municipal Water District for Sewer Pipeline Relocation for the Nicolas Road and Calle Girasol Improvements CFD Project", entered into as of 9/24/2021, to upsize the sewer main from 15" to 21". The Sewer Improvements and the method and process for their reimbursement by EMWD to the City of Temecula are described in the Agreement. Estimated Reimbursement. The Agreement estimates the reimbursement amount for upsizing at $19,273. EMWD will reimburse the City using the actual costs for the bid items, up to an amount not exceeding $100,000. Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit C Description of the Streetlight Improvements The Streetlight Improvements consist of the actual cost addition of any streetlights above the fourteen (14) streetlights shown on the City of Temecula Department of Public Works plans entitled "Nicolas Extension Road, Street Light Plan, Jessie Circle to Calle Girasol", Sheets 1-6, prepared by Visual Concepts, Inc., dated 07/25/2022, including the conversion of any streetlight shown on the plans as "Future Streetlight" to a furnished and installed streetlight, together with the actual cost of the addition of the City Interconnect, consisting of a three-inch (Y) conduit and pull boxes for future City communications interconnect purposes. Estimated Streetlight Improvements Cost. City Interconnect. Three-inch (Y) conduit and pull boxes for future City communications interconnect purposes. Contract cost: A. D. Wilson: $170,993.75 Each Additional Streetlight or Conversion. Contract Costs A. D. Wilson. Additional Streetlights # Unit Unit Cost Cost Stage 2 2 Each $8,527 $17,054.00 Stage I 6 Each $8,527 $51,162.00 Estimated Totals: 8 $68,216.00 Estimated Total Streetlight Improvements Cost: $239,209.75. Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit E Description of the Landscape Improvements Item Description Estimated Cost 1 Design and Construction Documents $10,520 Use 3.5% of construction costs. 2 Traffic Control: $39,000 3 Slope Grading and Hydroseed and BMPs: $53,000 4 Landscape: 25,260 sf - Mulch @ 2" depth. Subtotal: $7,578 5 Irrigation: Connect to existing mainline, add'l mainline, battery controllers, valves, lateral lines on $170,992 grade, rotary spray heads on risers. 6 Maintenance: Contract maintenance until turnover to County. $30,000 $2,500/month for 12 months Estimated Total: $311,090 Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit F Description of the Trail Improvements 1. Remove and dispose of existing EMWD gate. 2. Provide labor and material to install five (5) removable bollards, QCP Model #QS-8BR at the location of the existing gate. 3. Supply, install and coordinate locks for the removable bollards to the satisfaction of EMWD. 4. Cost: Qty UoM Description Amount Extended Amount 5 EA QCP #QS-8RB $ 2,362.18 $ 11,810.90 Removable Bollards Total Estimate: $11,810.90 Exhibits for Nicolas/Girasol Cost Participation Agreement Exhibit G Description of the Delta Revision Offset The Delta Revision Offset would eliminate all components of the Rock Swale, detailed below, with the exception of the twelve inches (12") of Class 1 Riprap. 12"- CLASS 1 RIPRAP 24"- WASHED MNCRETE SAND 4" - J` GRAv£L 12" - 1" GRAVEL (RAP 6" PERFORATED PIPE -TCYTri F FARPTr. WRAP (35 ROCF4 SALE DERAIL N{]7{7 S[:AII The Delta Revision Offset would also revise the road base material specification from "CAB" to "CMB". Delta Revision Offset Scope Stage Quantity Unit Unit Price Total Estimated Savings Rock Swale Rock Swale - Original Detail 1C - Offsite Nicolas 7,332 SF $ 98.00 $ 718,536 Rock Swale - Revised Detail 1C - Offsite Nicolas 7,332 SF $ 10.00 $ 73,320 $ 645,216 Base Material Change Base Material - Original Spec 1C - Offsite Nicolas 98,506 SF $ 1.65 $ 162,229 Base Material - Revised Spec 1C - Offsite Nicolas 98,506 SF $ 1.24 $ 122,107 $ 40,122 Base Material - Original Spec 1A - Seraphina 20,927 SF $ 1.18 $ 24,694 Base Material - Revised Spec 1A - Seraphina 20,927 SF $ 0.75 $ 15,695 $ 8,999 Base Material - Original Spec 1B - Leifer 11,615 SF $ 1.52 $ 17,655 Base Material - Revised Spec 1B - Leifer 11,615 SF $ 0.75 $ 8,711 $ 8,944 Base Material - Original Spec 2 - Nicolas/Girasol 45,460 SF $ 1.65 $ 75,009 Base Material - Revised Spec 2 - Nicolas/Girasol 45,460 SF $ 1.25 $ 56,825 $ 18,184 Total Estimated Savings: $ 721,465 Item No. 11 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 28, 2023 COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 7:07 PM: President James Stewart ROLL CALL: Alexander, Brown (virtual), 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 Kalfus. The vote reflected unanimous approval. 13. Approve Action Minutes of November 14, 2023 Recommendation: That the Board of Directors approve action minutes of November 14, 2023. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:12 PM, the Community Services District meeting was formally adjourned to Tuesday, December 12, 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. 12 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Jennifer Hennessy, Director of Finance DATE: December 12, 2023 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustment: a. Increase the TCSD Service Level "L" — Lake Park Maintenance Fund Utilities operating account (196.180.999.5240) by $5,100 to cover the higher than anticipated utilities cost. BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2023. FISCAL IMPACT: None ATTACHMENTS: TCSD Fund Summaries City of Temecula Fiscal Year 2022-23 ( The Heart of southern California Quarterly Budget Report Wine Country FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Special Tax (Measure C) 1,923,561 1,916,505 1,928,969 1,916,505 0 0.0% Licenses, Permits and Service Charges Development Impact Fees 902 0 0 0 0 0.0% Contract Classes 823,734 1,000,000 961,966 1,000,000 0 0.0% Classes/Activities 59,239 45,962 64,186 45,962 0 0.0% Facility Rentals 295,437 420,486 480,329 420,486 0 0.0% Aquatics 227,981 128,312 201,975 128,312 0 0.0% Museum Admissions 91,610 102,612 96,876 102,612 0 0.0% Theater Admissions 266,927 265,000 314,583 265,000 0 0.0% Sports Leagues & Tournaments 190,761 189,562 226,819 189,562 0 0.0% Day Camps 113,187 79,540 127,288 79,540 0 0.0% Fines and Forfeitures Fines & Forfeitures 50 0 0 0 0 0.0% Use of Money and Property Investment Interest (25,199) 0 36,449 0 0 0.0% Reimbursements Other Reimbursements 172,308 125,845 123,042 125,845 0 0.0% Operating Transfers In Operating Transfers In 0 500,000 500,000 500,000 0 0.0% Contribution From Measure S 10,002,131 10,295,571 10,295,571 10,295,571 0 0.0% Miscellaneous Miscellaneous 94,479 84,186 105,371 84,186 0 0.0% Total Revenues and Other Sources 14,237,109 15,153,582 15,463,424 15,153,582 0 0.0% Expenditures by Category Salaries & Benefits 7,802,743 9,503,059 9,574,969 9,503,059 0 0.0% Operations & Maintenance 3,908,138 4,637,834 4,272,065 4,637,834 0 0.0% Internal Service Fund Allocations 1,942,165 2,363,872 2,272,868 2,363,872 0 0.0% Capital Outlay 248,732 11,194 0 11,194 0 0.0% Total Expenditures and Other Financing Uses 13,901,778 16,515,958 16,119,901 16,515,958 0 0.0% Excess of Revenues Over (Under) Expenditures 335,331 (1,362,377) (656,477) (1,362,377) 0 0.0% Fund Balance, Beginning of Year 1,238,945 1,574,276 1,574,276 1,574,276 Fund Balance, End of Year 1,574,276 211,899 917,799 211,899 Fund Description .. City of Temecula / Fiscal Year 2022-23 The Heart of Southern caiifornia Quarterly Budget Report Wine Country FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND 2022-23 Year to Date 2022-23 Q4 2021-22 Current Actuals Revised Change Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Citywide Operations reflects the collection of the Special Tax (Measure C) charged to households for recreation programs as well as fees for classes and activities. Accounts for facility operations, maintenance, and community recreation programs. Measure C was approved by residents in 1997 at a rate of $74.44 per parcel for the purpose of maintaining the City's parks, recreation facilities, arterial street lighting and traffic signals. The Special Tax revenue is allocated equally between TCSD and the General Fund to fund both recreation programs and parks maintenance. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 191 - TCSD SERVICE LEVEL "B" STREETLIGHT REPLACEMENT FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest 0 0 16,786 0 0 0.0% Operating Transfers In Operating Transfers In 852,930 200,000 200,000 200,000 0 0.0% Total Revenues and Other Sources 852,930 200,000 216,786 200,000 0 0.0% Expenditures by Category Operations & Maintenance 87 0 0 0 0 0.0% Total Expenditures and Other Financing Uses 87 0 0 0 0 0.0% Excess of Revenues Over (Under) Expenditures 852,843 200,000 216,786 200,000 0 0.0% Fund Balance, Beginning of Year 0 852,843 852,843 852,843 Fund Balance, End of Year 852,843 1,052,843 1,069,628 1,052,843 Fund Description This fund was established to accumulate resources for the replacement of street light equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison, and to install new street lights as needed throughout the City. Each year, $200,000 is transferred to this fund from the TCSD Service Level "B" Street Lights Fund (Fund 192). t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 192 - TCSD SERVICE LEVEL "B" STREET LIGHTS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 640,790 640,767 639,690 640,767 0 0.0% Use of Money and Property Investment Interest (6,965) 0 6,657 0 0 0.0% Total Revenues and Other Sources 633,825 640,767 646,347 640,767 0 0.0% Expenditures by Category Transfers 852,930 200,000 200,000 200,000 0 0.0% Operations & Maintenance 285,166 502,030 312,080 502,030 0 0.0% Total Expenditures and Other Financing Uses 1,138,096 702,030 512,080 702,030 0 0.0% Excess of Revenues Over (Under) Expenditures (504,271) (61,263) 134,267 (61,263) 0 0.0% Fund Balance, Beginning of Year 761,638 257,367 257,367 257,367 Fund Balance, End of Year 257,367 196,103 391,634 196,103 Fund Description Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only those parcels within residential subdivisions that receive residential street lighting services. This service level includes operational, administrative, maintenance and utility costs of residential street lights. Each year, $200,000 is transferred from this fund to the TCSD Service Level "B" Streetlight Replacement Fund (Fund 191) to accommodate these costs. ( The Heart of southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 8,913,039 9,550,621 9,532,420 9,550,621 0 0.0% Recycling Program 5,000 5,000 28,008 5,000 0 0.0% Use of Money and Property Investment Interest (872) 0 22,609 0 0 0.0% Intergovernmental Revenues Grants 0 159,957 159,957 159,957 0 0.0% Total Revenues and Other Sources 8,917,167 9,715,578 9,742,995 9,715,578 0 0.0% Expenditures by Category Salaries & Benefits 67,898 71,467 78,663 71,467 0 0.0% Operations & Maintenance 8,756,428 9,416,070 9,363,712 9,416,070 0 0.0% Total Expenditures and Other Financing Uses 8,824,325 9,487,537 9,442,375 9,487,537 0 0.0% Excess of Revenues Over (Under) Expenditures 92,842 228,041 300,620 228,041 0 0.0% Fund Balance, Beginning of Year 186,902 279,744 279,744 279,744 Fund Balance, End of Year 279,744 507,784 580,363 507,784 Fund Description Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose of providing refuse collection, recycling, and street sweeping throughout the City, which is provided by CR&R. In addition, Service Level D has received grants to increase recycling efforts Citywide. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 115 5,532 5,302 5,532 0 0.0% Use of Money and Property Investment Interest (201) 0 579 0 0 0.0% Total Revenues and Other Sources (86) 5,532 5,881 5,532 0 0.0% Expenditures by Category Operations & Maintenance 3,321 10,532 107 10,532 0 0.0% Total Expenditures and Other Financing Uses 3,321 10,532 107 10,532 0 0.0% Excess of Revenues Over (Under) Expenditures (3,407) (5,000) 5,774 (5,000) 0 0.0% Fund Balance, Beginning of Year 30,688 27,281 27,281 27,281 Fund Balance, End of Year 27,281 22,281 33,055 22,281 Fund Description Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62. Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 196 - TCSD SERVICE LEVEL "L" LAKE PARK MAINT. FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 250,186 251,691 251,292 251,691 0 0.0% Harveston Lake Boat Revenue 7,211 4,200 5,035 4,200 0 0.0% Use of Money and Property Investment Interest (3,145) 0 7,436 0 0 0.0% Miscellaneous Miscellaneous 0 22,500 27,930 22,500 0 0.0% Total Revenues and Other Sources 254,252 278,391 291,693 278,391 0 0.0% Expenditures by Category Salaries & Benefits 29,581 11,459 12,863 11,459 0 0.0% Operations & Maintenance 257,342 291,727 295,365 296,827 5,100 1.75% Total Expenditures and Other Financing Uses 286,922 303,186 308,228 308,286 5,100 1.68% Excess of Revenues Over (Under) Expenditures (32,670) (24,795) (16,535) (29,895) (5,100) 20.57% Fund Balance, Beginning of Year 409,961 377,291 377,291 377,291 Fund Balance, End of Year 377,291 352,496 360,757 347,396 Fund Description Service Level L Fund reflects the benefit assessments charged to property owners for the purpose of maintaining the Harveston Lake Park. Expenditures include operational, administrative and maintenance costs. t Alk The Heart of Southern California Wine Country FUND: 197 - TEMECULA LIBRARY FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Printing & Copies 6,924 8,000 9,967 8,000 0 0.0% Fines and Forfeitures Fines & Forfeitures 25,446 26,000 32,636 26,000 0 0.0% Use of Money and Property Investment Interest (4,206) 0 10,167 0 0 0.0% Lease/Rental Income 10,268 15,000 18,192 15,000 0 0.0% Reimbursements Other Reimbursements 0 0 70 0 0 0.0% Operating Transfers In Contribution From Measure S 947,149 975,563 975,563 975,563 0 0.0% Total Revenues and Other Sources 985,581 1,024,563 1,046,594 1,024,563 0 0.0% Expenditures by Category Salaries & Benefits 158,714 218,817 209,877 218,817 0 0.0% Operations & Maintenance 511,742 500,111 498,265 500,111 0 0.0% Internal Service Fund Allocations 321,367 359,643 329,860 359,643 0 0.0% Capital Outlay 0 30,829 30,829 30,829 0 0.0% Total Expenditures and Other Financing Uses 991,823 1,109,401 1,068,832 1,109,401 0 0.0% Excess of Revenues Over (Under) Expenditures (6,242) (84,838) (22,238) (84,838) 0 0.0% Fund Balance, Beginning of Year 531,981 525,739 525,739 525,739 Fund Balance, End of Year 525,739 440,902 503,501 440,902 Fund Description The Library Fund is used to account for the maintenance and operations of the Ronald H. Roberts Temecula Public Library on Pauba Road. t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 37,944 37,932 37,526 37,932 0 0.0% Use of Money and Property Investment Interest (98) 0 188 0 0 0.0% Total Revenues and Other Sources 37,846 37,932 37,714 37,932 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 39,158 37,619 32,531 37,619 0 0.0% Total Expenditures and Other Financing Uses 39,161 37,619 32,531 37,619 0 0.0% Excess of Revenues Over (Under) Expenditures (1,315) 313 5,183 313 0 0.0% Fund Balance, Beginning of Year 14,333 13,018 13,018 13,018 Fund Balance, End of Year 13,018 13,331 18,201 13,331 Fund Description Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations (HOAs). t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 42,659 42,542 42,545 42,542 0 0.0% Use of Money and Property Investment Interest (864) 0 2,319 0 0 0.0% Total Revenues and Other Sources 41,795 42,542 44,863 42,542 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 36,678 59,360 40,110 59,360 0 0.0% Total Expenditures and Other Financing Uses 36,705 59,360 40,110 59,360 0 0.0% Excess of Revenues Over (Under) Expenditures 5,090 (16,818) 4,753 (16,818) 0 0.0% Fund Balance, Beginning of Year 111,673 116,763 116,763 116,763 Fund Balance, End of Year 116,763 99,945 121,516 99,945 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 503 - SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 47,534 47,328 47,414 47,328 0 0.0% Use of Money and Property Investment Interest (362) 0 1,070 0 0 0.0% Total Revenues and Other Sources 47,171 47,328 48,484 47,328 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 35,529 50,859 40,284 50,859 0 0.0% Total Expenditures and Other Financing Uses 35,557 50,859 40,284 50,859 0 0.0% Excess of Revenues Over (Under) Expenditures 11,615 (3,531) 8,200 (3,531) 0 0.0% Fund Balance, Beginning of Year 46,464 58,079 58,079 58,079 Fund Balance, End of Year 58,079 54,548 66,278 54,548 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 6,394 6,394 6,348 6,394 0 0.0% Use of Money and Property Investment Interest (36) 0 105 0 0 0.0% Total Revenues and Other Sources 6,358 6,394 6,453 6,394 0 0.0% Expenditures by Category Salaries & Benefits 102 0 0 0 0 0.0% Operations & Maintenance 5,171 6,503 5,181 6,503 0 0.0% Total Expenditures and Other Financing Uses 5,273 6,503 5,181 6,503 0 0.0% Excess of Revenues Over (Under) Expenditures 1,085 (109) 1,272 (109) 0 0.0% Fund Balance, Beginning of Year 4,727 5,812 5,812 5,812 Fund Balance, End of Year 5,812 5,703 7,084 5,703 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 39,365 39,025 39,025 39,025 0 0.0% Use of Money and Property Investment Interest (211) 0 396 0 0 0.0% Total Revenues and Other Sources 39,154 39,025 39,421 39,025 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 48,406 38,053 29,065 38,053 0 0.0% Total Expenditures and Other Financing Uses 48,434 38,053 29,065 38,053 0 0.0% Excess of Revenues Over (Under) Expenditures (9,280) 972 10,356 972 0 0.0% Fund Balance, Beginning of Year 31,202 21,922 21,922 21,922 Fund Balance, End of Year 21,922 22,894 32,279 22,894 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 27,266 28,625 28,625 28,625 0 0.0% Use of Money and Property Investment Interest (308) 0 826 0 0 0.0% Total Revenues and Other Sources 26,957 28,625 29,451 28,625 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 24,043 30,755 15,015 30,755 0 0.0% Total Expenditures and Other Financing Uses 24,071 30,755 15,015 30,755 0 0.0% Excess of Revenues Over (Under) Expenditures 2,887 (2,130) 14,435 (2,130) 0 0.0% Fund Balance, Beginning of Year 36,900 39,787 39,787 39,787 Fund Balance, End of Year 39,787 37,657 54,222 37,657 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 15,314 15,308 15,308 15,308 0 0.0% Use of Money and Property Investment Interest (70) 0 141 0 0 0.0% Total Revenues and Other Sources 15,245 15,308 15,449 15,308 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 17,757 15,179 10,786 15,179 0 0.0% Total Expenditures and Other Financing Uses 17,759 15,179 10,786 15,179 0 0.0% Excess of Revenues Over (Under) Expenditures (2,514) 129 4,663 129 0 0.0% Fund Balance, Beginning of Year 9,992 7,478 7,478 7,478 Fund Balance, End of Year 7,478 7,607 12,141 7,607 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 137,155 137,025 136,500 137,025 0 0.0% Use of Money and Property Investment Interest (816) 0 1,989 0 0 0.0% Total Revenues and Other Sources 136,339 137,025 138,489 137,025 0 0.0% Expenditures by Category Salaries & Benefits 13,643 0 0 0 0 0.0% Operations & Maintenance 114,724 151,464 129,826 151,464 0 0.0% Total Expenditures and Other Financing Uses 128,368 151,464 129,826 151,464 0 0.0% Excess of Revenues Over (Under) Expenditures 7,971 (14,439) 8,663 (14,439) 0 0.0% Fund Balance, Beginning of Year 109,757 117,728 117,728 117,728 Fund Balance, End of Year 117,728 103,289 126,392 103,289 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 5,106 5,106 5,057 5,106 0 0.0% Use of Money and Property Investment Interest (237) 0 588 0 0 0.0% Total Revenues and Other Sources 4,869 5,106 5,645 5,106 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 3,785 14,115 6,899 14,115 0 0.0% Total Expenditures and Other Financing Uses 3,787 14,115 6,899 14,115 0 0.0% Excess of Revenues Over (Under) Expenditures 1,081 (9,009) (1,254) (9,009) 0 0.0% Fund Balance, Beginning of Year 31,064 32,145 32,145 32,145 Fund Balance, End of Year 32,145 23,137 30,891 23,137 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 9,744 9,744 9,744 9,744 0 0.0% Use of Money and Property Investment Interest (102) 0 281 0 0 0.0% Total Revenues and Other Sources 9,642 9,744 10,025 9,744 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 10,203 12,052 8,446 12,052 0 0.0% Total Expenditures and Other Financing Uses 10,230 12,052 8,446 12,052 0 0.0% Excess of Revenues Over (Under) Expenditures (588) (2,308) 1,579 (2,308) 0 0.0% Fund Balance, Beginning of Year 14,882 14,294 14,294 14,294 Fund Balance, End of Year 14,294 11,987 15,873 11,987 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 2,450 2,450 2,450 2,450 0 0.0% Use of Money and Property Investment Interest (29) 0 63 0 0 0.0% Total Revenues and Other Sources 2,421 2,450 2,513 2,450 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 2,854 2,379 2,015 2,379 0 0.0% Total Expenditures and Other Financing Uses 2,856 2,379 2,015 2,379 0 0.0% Excess of Revenues Over (Under) Expenditures (435) 71 498 71 0 0.0% Fund Balance, Beginning of Year 3,923 3,488 3,488 3,488 Fund Balance, End of Year 3,488 3,560 3,986 3,560 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 96,326 96,396 96,036 96,396 0 0.0% Use of Money and Property Investment Interest (733) 0 1,435 0 0 0.0% Total Revenues and Other Sources 95,594 96,396 97,471 96,396 0 0.0% Expenditures by Category Salaries & Benefits 6,821 0 0 0 0 0.0% Operations & Maintenance 119,428 113,543 94,468 113,543 0 0.0% Total Expenditures and Other Financing Uses 126,249 113,543 94,468 113,543 0 0.0% Excess of Revenues Over (Under) Expenditures (30,656) (17,147) 3,004 (17,147) 0 0.0% Fund Balance, Beginning of Year 116,858 86,202 86,202 86,202 Fund Balance, End of Year 86,202 69,056 89,206 69,056 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 34,173 34,224 34,100 34,224 0 0.0% Use of Money and Property Investment Interest (218) 0 609 0 0 0.0% Total Revenues and Other Sources 33,955 34,224 34,709 34,224 0 0.0% Expenditures by Category Salaries & Benefits 684 0 0 0 0 0.0% Operations & Maintenance 29,369 38,151 35,454 38,151 0 0.0% Total Expenditures and Other Financing Uses 30,052 38,151 35,454 38,151 0 0.0% Excess of Revenues Over (Under) Expenditures 3,902 (3,927) (744) (3,927) 0 0.0% Fund Balance, Beginning of Year 30,775 34,677 34,677 34,677 Fund Balance, End of Year 34,677 30,751 33,933 30,751 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 14,774 14,774 14,368 14,774 0 0.0% Use of Money and Property Investment Interest (95) 0 208 0 0 0.0% Total Revenues and Other Sources 14,679 14,774 14,577 14,774 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 14,806 16,247 13,495 16,247 0 0.0% Total Expenditures and Other Financing Uses 14,808 16,247 13,495 16,247 0 0.0% Excess of Revenues Over (Under) Expenditures (129) (1,473) 1,081 (1,473) 0 0.0% Fund Balance, Beginning of Year 12,311 12,182 12,182 12,182 Fund Balance, End of Year 12,182 10,709 13,263 10,709 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 9,904 9,800 9,800 9,800 0 0.0% Use of Money and Property Investment Interest (92) 0 231 0 0 0.0% Total Revenues and Other Sources 9,812 9,800 10,031 9,800 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 10,090 11,038 6,698 11,038 0 0.0% Total Expenditures and Other Financing Uses 10,092 11,038 6,698 11,038 0 0.0% Excess of Revenues Over (Under) Expenditures (280) (1,238) 3,333 (1,238) 0 0.0% Fund Balance, Beginning of Year 12,013 11,733 11,733 11,733 Fund Balance, End of Year 11,733 10,495 15,066 10,495 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 38,022 37,800 37,625 37,800 0 0.0% Use of Money and Property Investment Interest (542) 0 1,647 0 0 0.0% Total Revenues and Other Sources 37,480 37,800 39,272 37,800 0 0.0% Expenditures by Category Salaries & Benefits 684 0 0 0 0 0.0% Operations & Maintenance 20,918 53,417 36,670 53,417 0 0.0% Total Expenditures and Other Financing Uses 21,601 53,417 36,670 53,417 0 0.0% Excess of Revenues Over (Under) Expenditures 15,879 (15,617) 2,602 (15,617) 0 0.0% Fund Balance, Beginning of Year 66,211 82,090 82,090 82,090 Fund Balance, End of Year 82,090 66,473 84,692 66,473 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 2,116 2,116 2,070 2,116 0 0.0% Use of Money and Property Investment Interest (17) 0 48 0 0 0.0% Total Revenues and Other Sources 2,099 2,116 2,118 2,116 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 1,823 2,089 1,634 2,089 0 0.0% Total Expenditures and Other Financing Uses 1,826 2,089 1,634 2,089 0 0.0% Excess of Revenues Over (Under) Expenditures 273 27 484 27 0 0.0% Fund Balance, Beginning of Year 2,293 2,566 2,566 2,566 Fund Balance, End of Year 2,566 2,594 3,050 2,594 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 93,342 94,010 92,941 94,010 0 0.0% Use of Money and Property Investment Interest (473) 0 957 0 0 0.0% Total Revenues and Other Sources 92,869 94,010 93,898 94,010 0 0.0% Expenditures by Category Salaries & Benefits 4,094 0 0 0 0 0.0% Operations & Maintenance 98,813 89,427 71,359 89,427 0 0.0% Total Expenditures and Other Financing Uses 102,906 89,427 71,359 89,427 0 0.0% Excess of Revenues Over (Under) Expenditures (10,037) 4,583 22,539 4,583 0 0.0% Fund Balance, Beginning of Year 62,293 52,256 52,256 52,256 Fund Balance, End of Year 52,256 56,839 74,795 56,839 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 54,612 54,450 54,485 54,450 0 0.0% Use of Money and Property Investment Interest (604) 0 1,576 0 0 0.0% Total Revenues and Other Sources 54,009 54,450 56,061 54,450 0 0.0% Expenditures by Category Salaries & Benefits 5,731 0 0 0 0 0.0% Operations & Maintenance 48,160 82,041 60,021 82,041 0 0.0% Total Expenditures and Other Financing Uses 53,891 82,041 60,021 82,041 0 0.0% Excess of Revenues Over (Under) Expenditures 118 (27,591) (3,960) (27,591) 0 0.0% Fund Balance, Beginning of Year 87,754 87,872 87,872 87,872 Fund Balance, End of Year 87,872 60,280 83,912 60,280 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 177,513 177,975 177,987 177,975 0 0.0% Use of Money and Property Investment Interest (1,698) 0 4,973 0 0 0.0% Total Revenues and Other Sources 175,815 177,975 182,960 177,975 0 0.0% Expenditures by Category Salaries & Benefits 13,638 0 0 0 0 0.0% Operations & Maintenance 139,232 191,303 163,508 191,303 0 0.0% Total Expenditures and Other Financing Uses 152,870 191,303 163,508 191,303 0 0.0% Excess of Revenues Over (Under) Expenditures 22,944 (13,328) 19,452 (13,328) 0 0.0% Fund Balance, Beginning of Year 232,805 255,749 255,749 255,749 Fund Balance, End of Year 255,749 242,422 275,202 242,422 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 228,591 228,201 227,139 228,201 0 0.0% Use of Money and Property Investment Interest (1,227) 0 3,099 0 0 0.0% Total Revenues and Other Sources 227,365 228,201 230,238 228,201 0 0.0% Expenditures by Category Salaries & Benefits 25,952 0 0 0 0 0.0% Operations & Maintenance 211,908 233,386 214,011 233,386 0 0.0% Total Expenditures and Other Financing Uses 237,860 233,386 214,011 233,386 0 0.0% Excess of Revenues Over (Under) Expenditures (10,495) (5,185) 16,227 (5,185) 0 0.0% Fund Balance, Beginning of Year 195,719 185,224 185,224 185,224 Fund Balance, End of Year 185,224 180,038 201,451 180,038 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 4,408 4,408 4,408 4,408 0 0.0% Use of Money and Property Investment Interest (79) 0 213 0 0 0.0% Total Revenues and Other Sources 4,329 4,408 4,621 4,408 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 3,793 5,955 3,558 5,955 0 0.0% Total Expenditures and Other Financing Uses 3,796 5,955 3,558 5,955 0 0.0% Excess of Revenues Over (Under) Expenditures 534 (1,547) 1,063 (1,547) 0 0.0% Fund Balance, Beginning of Year 10,707 11,241 11,241 11,241 Fund Balance, End of Year 11,241 9,694 12,304 9,694 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 8,363 8,400 8,470 8,400 0 0.0% Use of Money and Property Investment Interest (188) 0 544 0 0 0.0% Total Revenues and Other Sources 8,175 8,400 9,014 8,400 0 0.0% Expenditures by Category Salaries & Benefits 54 0 0 0 0 0.0% Operations & Maintenance 4,401 16,468 6,864 16,468 0 0.0% Total Expenditures and Other Financing Uses 4,455 16,468 6,864 16,468 0 0.0% Excess of Revenues Over (Under) Expenditures 3,720 (8,068) 2,150 (8,068) 0 0.0% Fund Balance, Beginning of Year 23,667 27,387 27,387 27,387 Fund Balance, End of Year 27,387 19,319 29,537 19,319 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 162,547 162,100 161,473 162,100 0 0.0% Use of Money and Property Investment Interest (302) 0 850 0 0 0.0% Total Revenues and Other Sources 162,246 162,100 162,324 162,100 0 0.0% Expenditures by Category Salaries & Benefits 10,927 0 0 0 0 0.0% Operations & Maintenance 155,928 162,041 146,351 162,041 0 0.0% Total Expenditures and Other Financing Uses 166,855 162,041 146,351 162,041 0 0.0% Excess of Revenues Over (Under) Expenditures (4,609) 59 15,972 59 0 0.0% Fund Balance, Beginning of Year 55,446 50,837 50,837 50,837 Fund Balance, End of Year 50,837 50,896 66,809 50,896 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 43,913 44,000 43,700 44,000 0 0.0% Use of Money and Property Investment Interest (492) 0 1,361 0 0 0.0% Total Revenues and Other Sources 43,421 44,000 45,061 44,000 0 0.0% Expenditures by Category Salaries & Benefits 1,366 0 0 0 0 0.0% Operations & Maintenance 41,115 56,995 36,506 56,995 0 0.0% Total Expenditures and Other Financing Uses 42,481 56,995 36,506 56,995 0 0.0% Excess of Revenues Over (Under) Expenditures 940 (12,995) 8,555 (12,995) 0 0.0% Fund Balance, Beginning of Year 69,972 70,912 70,912 70,912 Fund Balance, End of Year 70,912 57,917 79,467 57,917 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 2,025 2,160 2,160 2,160 0 0.0% Use of Money and Property Investment Interest (14) 0 38 0 0 0.0% Total Revenues and Other Sources 2,011 2,160 2,198 2,160 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 1,929 2,110 1,638 2,110 0 0.0% Total Expenditures and Other Financing Uses 1,931 2,110 1,638 2,110 0 0.0% Excess of Revenues Over (Under) Expenditures 80 50 560 50 0 0.0% Fund Balance, Beginning of Year 1,921 2,001 2,001 2,001 Fund Balance, End of Year 2,001 2,050 2,561 2,050 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 527 - SERVICE LEVEL"C"ZONE 27 AVONDALE FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 9,071 9,100 8,995 9,100 0 0.0% Use of Money and Property Investment Interest (68) 0 180 0 0 0.0% Total Revenues and Other Sources 9,003 9,100 9,175 9,100 0 0.0% Expenditures by Category Salaries & Benefits 27 0 0 0 0 0.0% Operations & Maintenance 8,605 11,120 7,624 11,120 0 0.0% Total Expenditures and Other Financing Uses 8,632 11,120 7,624 11,120 0 0.0% Excess of Revenues Over (Under) Expenditures 371 (2,020) 1,551 (2,020) 0 0.0% Fund Balance, Beginning of Year 9,261 9,632 9,632 9,632 Fund Balance, End of Year 9,632 7,612 11,183 7,612 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 234,250 232,974 232,567 232,974 0 0.0% Use of Money and Property Investment Interest (5,457) 0 7,581 0 0 0.0% Total Revenues and Other Sources 228,793 232,974 240,148 232,974 0 0.0% Expenditures by Category Salaries & Benefits 27,314 0 0 0 0 0.0% Operations & Maintenance 216,874 230,690 201,755 230,690 0 0.0% Transfers 28,346 371,654 19,954 371,654 0 0.0% Total Expenditures and Other Financing Uses 272,534 602,344 221,709 602,344 0 0.0% Excess of Revenues Over (Under) Expenditures (43,741) (369,370) 18,440 (369,370) 0 0.0% Fund Balance, Beginning of Year 336,098 292,357 292,357 292,357 Fund Balance, End of Year 292,357 310,797 310,797 (77,013) Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Licenses, Permits and Service Charges Assessments 5,301 4,462 4,239 4,462 0 0.0% Use of Money and Property Investment Interest (53) 0 160 0 0 0.0% Total Revenues and Other Sources 5,248 4,462 4,398 4,462 0 0.0% Expenditures by Category Salaries & Benefits 2 0 0 0 0 0.0% Operations & Maintenance 2,201 3,978 3,078 3,978 0 0.0% Total Expenditures and Other Financing Uses 2,202 3,978 3,078 3,978 0 0.0% Excess of Revenues Over (Under) Expenditures 3,046 484 1,321 484 0 0.0% Fund Balance, Beginning of Year 5,195 8,241 8,241 8,241 Fund Balance, End of Year 8,241 8,725 9,562 8,725 Fund Description t Alk The Heart of Southern California Wine Country City of Temecula Fiscal Year 2022-23 Quarterly Budget Report FUND: 530 - SERVICE LEVEL"C"ZONE 30 FUTURE ZONES FUND 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Use of Money and Property Investment Interest (268) 0 0 0 0 0.0% Total Revenues and Other Sources (268) 0 0 0 0 0.0% Excess of Revenues Over (Under) Expenditures (268) 0 0 0 0 0.0% Fund Balance, Beginning of Year 36,330 36,062 36,062 36,062 Fund Balance, End of Year 36,062 36,062 36,062 36,062 Fund Description Item No. 13 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023 SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2023 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2023. BACKGROUND: The attached financial statements reflect the preliminary results for Fiscal Year Ended June 30, 2023. FISCAL IMPACT: None ATTACHMENTS: SARDA Fund Summaries t Alk The Heart of Southern California Wine Country FUND: 380 - SARDA DEBT SERVICE FUND City of Temecula Fiscal Year 2022-23 Quarterly Budget Report 2022-23 Year to Date 2022-23 Q4 % Change 2021-22 Current Actuals Revised Requested from Current Description Actuals Budget 6-30-2023 Budget Adjustments Budget Revenues by Source Taxes and Franchises Redevelopment Property Tax Fund Distribution 0 7,127,194 0 7,127,194 0 0.0% Use of Money and Property Investment Interest 11,926 0 217,374 0 0 0.0% Operating Transfers In Operating Transfers In 9,636,926 0 6,843,276 0 0 0.0% Total Revenues and Other Sources 9,648,852 7,127,194 7,060,650 7,127,194 0 0.0% Expenditures by Category Operations & Maintenance 1,571,207 299,172 1,570,747 299,172 0 0.0% Debt Service - Principal 0 2,625,000 0 2,625,000 0 0.0% Debt Service - Interest 3,070,844 2,975,694 2,975,694 2,975,694 0 0.0% Transfers 7,416,607 7,653,330 2,702,005 7,653,330 0 0.0% Total Expenditures and Other Financing Uses 12,058,657 13,553,196 7,248,446 13,553,196 0 0.0% Excess of Revenues Over (Under) Expenditures (2,409,805) (6,426,002) (187,796) (6,426,002) 0 0.0% Fund Balance, Beginning of Year (33,782,877) (36,192,682) (36,192,682) (36,192,682) Fund Balance, End of Year (36,192,682) (42,618,684) (36,380,478) (42,618,684) Fund Description The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose trust fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity for other governments. Item No. 14 THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Luke Watson, Deputy City Manager DATE: December 12, 2023 SUBJECT: Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 Through June 30, 2025 (ROPS 24-25) PREPARED BY: Haide Urias, Housing and Real Estate Analyst RECOMMENDATION: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: Pursuant to Health and Safety Code Section 34177 and Section 34177 (o), successor agencies are required to prepare, in advance, a Recognized Obligation Payment Schedule (ROPS) that is forward looking for twelve months. The ROPS lists all of the Successor Agency's anticipated payments for enforceable obligations during the covered period. The Successor Agency is required to submit this ROPS for the period of July 1, 2024, through June 30, 2025 to the Riverside County Oversight Board for approval by January 30, 2024, and the State Department of Finance, the State Controller's Office, and the County Auditor Controller no later than February 1, 2024. Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Administrative Budget The proposed administrative budget must include all the following: • Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period • Proposed sources of payment for the administrative costs; and • Proposals for arrangements for administrative and operations services provided by the City or other entity. ABX1 26 provides that the Successor Agency may include, among others, the value of City staff, including employee benefits, necessary for the administration and operations of the Successor Agency; and the cost of other resources of the City necessary for the administration and operations of the Successor Agency, such as office space, supplies, equipment, utilities, and insurance. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year. However, in the event there are insufficient funds to pay the former Redevelopment Agency's enforceable obligations, some or all the administrative cost allowance will be used to pay for the enforceable obligations, and these funds will not be available for administrative expenses of the Successor Agency. The administrative cost allowance will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. However, the use of bond proceeds to pay administrative expenses is subject to certain limitations. The Successor Agency is now required to submit each proposed administrative budget to the County Oversight Board for its approval. The Successor Agency is also required to provide administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each six-month fiscal period. The attached Resolution approves the proposed administrative budget for FY 2024-25, which is attached as Exhibits A to the Resolution. Because of the County's early deadline for the approval of the proposed budget, the attached proposed budget is based upon the 2024-25 budget. FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year, as outlined in the proposed 2024-25 Administrative Budget. ATTACHMENTS: 1. Resolution - ROPS 2. Exhibit A — Recognized Obligations Payment Schedule for the period of July 1, 2024 through June 30, 2025 (ROPS 24-25) 3. Resolution — Budget 4. Exhibit A — 2024-25 Successor Agency to the Redevelopment Administrative Budget RESOLUTION NO. SARDA 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2024, THROUGH JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law. D. Pursuant to Health and Safety Code Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2024 through June 30, 2025 (ROPS 24-25) and submit ROPS 24-25 to the Riverside County Oversight Board of the Successor Agency (the "Oversight Board") for approval. E. Accordingly, the Board desires to adopt this Resolution approving the ROPS 24- 25. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board hereby approves ROPS 24-25 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 24-25 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS 24-25 and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board -approved ROPS 24-25 on the Successor Agency's website. Section 6. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including submitting the ROPS 24-25 to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of December, 2023. Zak Schwank, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2023- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 12th day of December, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A Recognized Obligations Payment Schedule (ROPS) for the period July 1, 2024 through June 30, 2025 (ROPS 24-25) Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Temecula County: Riverside Current Period Requested Funding for Enforceable Obligations (ROPS Detail) A Enforceable Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G F RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E) Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. 24-25A Total 24-25B Total ROPS 24-25 (July - (January - Total December) June) $ 3,945,168 $ 3,645,567 $ 7,590,735 3,820,168 3,520,567 7,340,735 125,000 125,000 250,000 $ 3,945,168 $ 3,645,567 $ 7,590,735 Name Title /s/ Signature Date Temecula Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025 A B C D E F G H I J K L M I N 1 O P Q R S T I U V W ROPS 24-25A (Jul - Dec) ROPS 24-25B (Jan - Jun) Item Obligation Agreement Agreement Project Total ROPS 24-25A 24-25B Fund Sources Fund Sources # Project Name Type Execution Termination Payee Description Area Outstanding Retired 24-25 Total Total Date Date Obligation Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF $7,590,735 $7,590,735 $- $- $- $3,820,168 $125,000 $3,945,168 $- $- $- $3,520,567 $125,000 $3,645,567 1 Trustee Admin Fees 04/24/ 06/30/2036 US Bank as Trustee Fees No. 4,500 N $4,500 - - - 4,500 - $4,500 - - - - - $- Fees 2002 Trustee for for TAB Bond 1-1988 Bondholders Issues 3 Abbott OPA OPA/DDA/ 02/12/ 02/12/2030 Abbott Reimbursement No. 750,000 N $750,000 - - - 375,000 - $375,000 - - - 375,000 - $375,000 Construction 2002 Vascular for 1-1988 Development Improvements 4 SERAF SERAF/ 05/10/ 05/10/2025 Low -Mod Loan of Low No. 620,091 N $620,091 - - - 310,046 - $310,046 - - - 310,045 - $310,045 Payment ERAF 2011 Housing Mod to 1-1988 Reimbursment Fund Redeve. Fund for SERAF 5 Temecula OPA/DDA/ 07/01/ 07/01/2027 Temecula Loan for No. 295,000 N $295,000 - - - 295,000 - $295,000 - - - - - $- Gardens L.P Construction 1998 Gardens Affordable 1-1988 Loan L.P. Housing Agreement 20 Agency Admin 07/01/ 06/30/2016 Multiple Agency Staff No. 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 Administration Costs 2012 Payees Compensation / 1-1998 Agency Admin 31 Tax Allocation Refunding 12/14/ 12/15/2038 US Bank as Bonds Issues No. 3,562,500 N $3,562,500 - - - 1,784,000 - $1,784,000 - - - 1,778,500 - $1,778,500 Refunding Bonds 2017 Trustee for to Fund 1-1998 Bonds Series Issued After Bondholders Redevelopment 2017A 6/27/12 Activities 32 Tax Allocation Refunding 12/14/ 12/15/2039 US Bank as Bonds Issues No. 2,108,644 N $2,108,644 - - - 1,051,622 - $1,051,622 - - - 1,057,022 - $1,057,022 Refunding Bonds 2017 Trustee for to Fund 1-1988 Bonds Series Issued After Bondholders Redevelopment 2017B 6/27/12 Activities Temecula Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF Prior ROPS ROPS 21-22 Cash Balances RPTTF and Comments (07/01/21 - 06/30/22) Bonds issued Bonds issued Reserve Rent, grants, Non-Admin on or before 12/31 /10 on or after 01 /01 /11 Balances retained interest, etc. and Admin for future period(s) 1 Beginning Available Cash Balance (Actual 07/01/21) - 13,139,890 - - (1,631,104) RPTTF amount should exclude "A" period distribution amount. 2 Revenue/Income (Actual 06/30/22) 6,388 (13,985) 7,007,284 RPTTF amount should tie to the ROPS 21-22 total distribution from the County Auditor -Controller 3 Expenditures for ROPS 21-22 Enforceable Obligations 7,166,607 9,636,925 $3,487,341 reflects the transfer of (Actual 06/30/22) accumulated SERAF reimbursements to the Housing Successor Fund. 4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 5 ROPS 21-22 RPTTF Prior Period Adjustment No entry required 22,260 RPTTF amount should tie to the Agency's ROPS 21-22 PPA form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/22) $- $5,979,671 $- $(13,985) $(4,283,005) Cto F=(1 +2-3-4), G=(1 +2-3-4-5) Temecula Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025 I Item # I Notes/Comments I RESOLUTION NO. SARDA 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. Pursuant to Part 1.85 of the Community Redevelopment Law (commencing with Health and Safety Code Section 34170) ("Part 1.85"), the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") is required to undertake a number of actions related to winding down the affairs of the former Redevelopment Agency pursuant to Health and Safety Code Section 34177(h). B. In connection with the administration and operations of the Successor Agency, the Successor Agency is and will be utilizing the staff, facilities, and other resources of the City. The City Manager of the City serves as Executive Director of the Successor Agency, the Temecula Director of Finance serves as Finance Officer of the Successor Agency, and the City Clerk serves as Secretary to the Successor Agency. Planning, Finance, Engineering, Public Works, and other City departments devote and are expected to devote substantial time with respect to the administration and operations of the Successor Agency, including gathering information relating to the Redevelopment Agency's enforceable obligations, conferring with public officials representing governmental agencies, and undertaking other activities in connection with administration and operations of the Successor Agency. C. By providing and making available to the Successor Agency the staff, facilities, services, and other resources of the City, including, without limitation, consultants, legal counsel, office space, equipment, supplies, and insurance, necessary to the administration and operations of the Successor Agency, the City has advanced and will continue to advance the cost of the foregoing to the Successor Agency. The City and the Successor Agency desire to enter into an agreement to provide for an appropriate method of reimbursement of such advances by the Successor Agency to the City. D. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or agreements necessary for the administration or operation of the Successor Agency are enforceable obligations and pursuant to Health and Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter into agreements with the City with the approval of the oversight board for the Successor Agency (the "Oversight Board"). E. Pursuant to Health and Safety Code Section 341770), the Successor Agency is required to prepare a proposed administrative budget for each six-month fiscal period and submit each proposed administrative budget to the Oversight Board for its approval. Each proposed administrative budget shall include all of the following: (1) Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) Proposed sources of payment for the costs identified in (1); and (3) Proposals for arrangements for administrative and operations services provided by the City or another entity. F. Pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each applicable six-month fiscal period. Section 2. This Resolution is adopted pursuant to the provisions of Part 1.85. Section 3. The Board hereby approves the administrative budget for the twelve-month fiscal period commencing July 1, 2024 and ending June 30, 2025, attached hereto as Exhibit A and incorporated herein by reference. Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 5. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 12th day of December, 2023. Zak Schwank, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2023- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 12th day of December, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Exhibit A Successor Agency to the Temecula Redevelopment Agency FY 2024-25 Administrative Budget Ak Successor Agency to the Redevelopment Agency Fiscal Year 2024-25 Gt Proposed Administrative Budget The Heart of Southern California Wine Country Tota I Administrative Other FY2024-25 Portion Sources Budget AFFORDABLE HOUSING FUND 165 165.199.999.5100 SALARIES & WAGES 84,834 168,454 253,288 165.199.999.5101 DEFERRED COMPENSATION 1,978 3,928 5,906 165.199.999.5102 P.E.R.S. RETIREMENT 23,455 46,575 70,031 165.199.999.5103 CAL CASH OUT 3,563 7,075 10,638 165.199.999.5104 MEDICARE 1,317 2,614 3,931 165.199.999.5106 AUTO ALLOWANCE 422 838 1,260 165.199.999.5108 VOL LIFE INSURANCE 95 188 282 165.199.999.5109 UNEMPLOYMENT TRAINING TAX 78 154 232 165.199.999.5111 CAFETERIA BENEFIT 11,394 22,626 34,020 165.199.999.5121 OVERTIME WAGES 567 1,126 1,694 SALARIES & BENEFITS Total 127,703 253,579 381,282 165.199.999.5230 POSTAGE & PACKAGING 198 393 591 165.199.999.5246 LEGAL SERVICES - GENERAL 36,823 73,120 109,943 165.199.999.5248 CONSULTING SERVICES 10,761 21,369 32,130 165.199.999.5250 OTHER OUTSIDE SERVICES 53,561 106,356 159,917 165.199.999.5262 MILEAGE 88 175 263 OPERATIONS & MAINTENANCE Total 101,432 201,412 302,844 165.199.999.5530 INSURANCE 8,085 16,055 24,141 165.199.999.5540 INFORMATION TECHNOLOGY 7,191 14,279 21,470 165.199.999.5545 SUPPORT SERVICES 50 99 149 165.199.999.5550 FACILITIES 5,539 10,998 16,536 INTERNAL SERVICE FUND ALLOCATIONS Total 20,865 41,431 62,297 DEPARTMENTAL Total 250,000 496,423 746,423 Item No. 15 TEMECULA PUBLIC FINANCING AUTHORITY/ CITY COUNCIL AGENDA REPORT TO: City Council/Board of Directors FROM: Aaron Adams, City Manager/Executive Director DATE: December 12, 2023 SUBJECT: Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Prado Development PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT — PRADO RESOLUTION NO. TPFA A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — PRADO BACKGROUND: The Authority has received a request from Meritage Homes of California, Inc., a California corporation (the "Developer"), that expects to develop certain property in the City, that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD"). The proposed CFD would be authorized to issue special tax bonds (the "Bonds") in order to finance various public improvements necessitated by the development of the property in the area of the CFD, as well as to fund various municipal services. The property to be developed consists of the Prado development, including Riverside County Assessor's Parcel Numbers 916-400-051, 916-400-052, 916-400-053 and 916-400-070. The Developer has submitted to the Finance Director of the City a check in the amount of $130,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD and issue the Bonds. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Bonds. SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement and authorizing actions necessary to implement the Agreement. The Board of Directors to consider the adoption of the Resolution acknowledging receipt of the Deposit, directing staff to present to the Board of Directors the proceedings to form the CFD and authorize the issuance of the Bonds, and designating and authorizing the Executive Director to execute contracts with Webb Municipal Finance, LLC as Special Tax Consultant and Quint & Thimmig LLP as Formation Counsel to assist in the formation and authorization proceedings. The passage of these Resolutions does not obligate the City Council or the Board of Directors to form the CFD or to issue the Bonds. FISCAL IMPACT: The City has received an initial $130,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation of the CFD. There is no fiscal impact to the Authority or the City. ATTACHMENTS: 1. City Council Resolution 2. TPFA Resolution 3. Petition of the Developer 4. Deposit/Reimbursement Agreement RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/ REIMBURSEMENT AGREEMENT — PRADO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Meritage Homes of California, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $130,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD and the possible issuance of Bonds by the Authority for the CFD. Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement. Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 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 12th day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. TPFA 2023- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO — PRADO THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Meritage Homes of California, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $130,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD"). Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD (the "Bonds"), and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue the Bonds of the Authority for the CFD. Section 3. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement. Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue the Bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or to issue the Bonds. Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, and the firm of Quint & Thimmig LLP is hereby designated as Formation Counsel to the Authority for the CFD. The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement) and /or the proceeds of the Bonds when and if they are issued by the Authority for the CFD. Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 12th day of December, 2023. Zak Schwank, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2023- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 12th day of December, 2023, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 11/8/23 11/19/23 PETITION (Including Waivers) To Create a Community Facilities District and With Respect to Related Matters To the Board of Directors of the Temecula Public Financing Authority 41000 Main Street Temecula, California 92589-9033 Dear Directors: This is a petition to create a community facilities district, and with respect to related matters, under Sections 53311 and following of the California Government Code (the "Act"), and the undersigned hereby states as follows: 1. Petitioner. This petition is submitted by the entity identified below (the "Petitioner") as the owner of the parcels of land identified below (the "Land"). By submitting this petition, the Petitioner represents to the Temecula Public Financing Authority (the "Authority") that it is the sole owner of the Land, and that the person executing this Petition is authorized to execute it for the Petitioner. 2. Proceedings Requested. The Petitioner hereby asks that the Board of Directors of the Authority undertake proceedings under the Act to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado)" (the "CFD"), to levy special taxes in the CFD and to authorize special tax bonds for the CFD in an amount of not to exceed $20,000,000. 3. Boundaries of CFD. The Petitioner hereby asks that the territory to be included within the boundaries of the CFD include the Land. 4. Purpose of CFD. The Petitioner hereby asks that the CFD be created, the special taxes be levied and the bonds be issued (a) to finance costs of the public improvements and the elimination of liens or payment of indebtedness of any overlapping district identified as the "Facilities" on Exhibit A hereto, and (b) to finance other costs of issuing the special tax bonds and of providing a reserve fund for the bonds. It is also expected that special taxes will be levied to fund costs of the "Municipal Services" identified on Exhibit A. 5. Election. The Petitioner hereby asks that the special election to be held under the Act to authorize the levy of the special taxes and the issuance of the bonds and to establish an appropriations limit for the CFD be consolidated into a single election and that the election be conducted by the Authority and its officials, using mailed or hand -delivered ballots and that such ballots be opened and canvassed and the results certified at the same meeting of the Board of Directors of the Authority as the meeting at which the public hearings on the CFD under the Act are to be held, or as soon thereafter as possible. 20009.24:J19212 6. Waivers. To expedite the completion of the proceedings for the formation of the CFD, the Petitioner hereby waives all notices of hearings and all notices of election, applicable waiting periods under the Act for the election and all ballot analysis and arguments for the election. The Petitioner also waives (a) any requirement as to the specific form of the ballot to be used for the election, whether under the California Elections Code or otherwise, and (b) any notice with respect to the special taxes to be levied on property in the CFD otherwise required by California Government Code Section 54930. This Petition is dated The property that is the subject of this Petition is identified as the Riverside County Assessor Parcel Nos.: 916-400-051 916-400-052 916-400-053 916-400-070 2023. Meritage Homes of California, Inc., a California corporation an Aaron Talarico, Vice President - Land Acquisition and Forward Planning The address to which a ballot for the CFD election may be sent: Meritage Homes 5 Peters Canyon Road, Suite 310 Irvine, CA 92606 Attention: Aaron Talarico, Vice President - Land Acquisition and Forward Planning -2- EXHIBIT A DESCRIPTION OF FACILITIES AND MUNICIPAL SERVICES TO BE FUNDED BY THE CFD FACILITIES It is proposed that the CFD be eligible to finance all or a portion of the costs of the following facilities: The acquisition and construction of: streets (including paving, aggregate base, striping and traffic marking, sidewalks, curbs, gutters and driveways), including Temecula Center Drive, Date Street and Ynez Road within and in the vicinity of the CFD; stormwater drainage systems (including storm drain lines, inlets, outlets, channels, structures, junctions, manholes, catch basins and related dewatering); street light improvements (including light fixtures, substructures, conduits and service points of connection); and street signage (including traffic, stop and street name signs). The foregoing are to include the acquisition of any related right-of-way and other land needed for the installation of any such improvements, demolition of existing structures and site leveling needed for the installation of any such improvements, erosion control, and other appurtenances. • The acquisition and installation of traffic signal improvements, including traffic signal interconnection and video surveillance systems, at the intersection of Ynez Road and Temecula Center Drive. • Landscaping improvements in the public right of way along or in the vicinity of Temecula Center Drive, Date Street and Ynez Road, including related appurtenances. • Capital improvements included in the City of Temecula's adopted Capital Improvement Program for Fiscal Years 2024-2028. • School improvements to be designated by the Temecula Valley Unified School District, which may include construction of buildings, equipping of school facilities, and acquisition of support and other appurtenances with a useful life of five years or more. • Sewer system and water development improvements to be designated by the Eastern Municipal Water District. • Water facilities to be designated by the Rancho California Water District. All or a portion of any amount necessary to eliminate any fixed special assessment liens, or to pay, repay, or defease any obligation to pay or any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the CFD (including, but not limited to the lien of special taxes by the Temecula Public Financing Authority Community Facilities District No. 01-2 (Harveston), or to pay debt service on any such indebtedness. The Facilities include the acquisition of right-of-way, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, the cost of any required environmental mitigation and any required noise mitigation measures, landscaping and irrigation, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. A-1 MUNICIPAL SERVICES It is proposed that the CFD be eligible to fund all or a portion of the costs of the following municipal services: • Public safety services, including police and fire protection. • Maintenance of parks, and landscaping in public areas, public easements and public right of way in or near the area of the CFD, such maintenance to include but not be limited to maintenance of planting areas, trees, bioretention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of public signage in or near the CFD. • Maintenance of storm drainage systems within or serving the area of the CFD, and including storm drain pipes, culverts, detention/desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of sidewalks, streets and roadways within or in the vicinity of the area of the CFD, and including slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the CFD, and including decorative lighting and pull box assemblies. • Maintenance of traffic signals, and traffic interconnection and video surveillance systems, within and in the vicinity of the CFD, and including electrical, LED replacement, maintenance and replacement. • Graffiti removal from public improvements within and in the area of the CFD. The CFD may fund any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy, for any lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses. The CFD may also provide for the reimbursement to the City of Temecula to the extent that the City of Temecula advances funds to pay for any of the foregoing services, and may fund reserves for repairs and replacements and for future expected costs of services. It is expected that the services will be provided by the City of Temecula, either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the CFD shall be in addition to those provided in the territory of the CFD before the date of creation of the CFD, and will not supplant services already available within that territory when the CFD is created. ADMINISTRATIVE EXPENSES The administrative expenses to be financed by the CFD include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the CFD or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's A-2 general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the CFD or the facilities and services authorized to be financed by the CFD, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the CFD. ISM MA The CFD may also finance any of the following: 1. Bond related expenses, including underwriters discount, appraisal and price point study costs, reserve fund, capitalized interest, bond and disclosure counsel fees and expenses, landowner counsel fees and expenses, and all other incidental expenses related to any special tax bonds (the "Bonds") issued for the CFD. 2. Administrative fees of the Authority, the City of Temecula and the Bond trustee or fiscal agent related to the CFD and the Bonds. 3. Reimbursement of costs related to the formation of the CFD advanced by the Authority, the City of Temecula, any landowner in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the Authority, the City of Temecula, any landowner in the CFD or any party related to any of the foregoing, for facilities, fees or other purposes or costs of the CFD. A-3 Quint & Thimmig LLP 11 /8/23 11 /19/23 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 23-02 (Prado) (the "CFD"), and Meritage Homes of California, Inc., a California corporation (the "Developer"). RECITALS: WHEREAS, the Developer has advised the City and the Authority that it plans to develop approximately 25.4 acres of property located within the City, including Riverside County Assessor's Parcel Numbers 916-400-051, 916-400-052, 916-400-053 and 916-400-070 (the "Property"); and WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act and to eliminate liens or pay indebtedness of any assessment or community facilities district the territory of which overlaps the CFD, as well as to fund various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and otherwise in connection with the possible issuance of special tax bonds by the Authority for the CFD (the "Bonds"), provided that such funds so advanced are reimbursed to the Developer from the proceeds of the Bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" 20009.24:J19223 $130,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of the CFD and the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit. The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and any possible issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City. Section 2. Use of Funds. The Deposits shall be administered as follows: (a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney, Formation Counsel and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof; (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. (b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid. (c) If the CFD is not successfully formed and the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the -2- intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid. Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds. Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below. Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of the Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder. Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue the Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of the Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property. Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits. Section 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Section 9. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. -3- IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below. Executed on: Executed on: Executed on: 20009.24:J19223 DEVELOPER: MERITAGE HOMES OF CALIFORNIA, INC., , 2023 a California corporation .2023 , 2023 in Aaron Talarico, Vice President — Land Acquisition and Forward Planning CITY: CITY OF TEMECULA in Aaron Adams, City Manager AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 23-02 (Prado) 0 Aaron Adams, Executive Director [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 23-021 S-1 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: December 12, 2023 SUBJECT: Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 PREPARED BY: Matt Peters, Assistant Director of Community Development RECOMMENDATION: That the City Council introduce an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) SUMMARY OF ORDINANCE: The proposed ordinance would make amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of Temecula Municipal Code to implement the requirements of Senate Bill (SB) 9, which requires the ministerial approval of up to four -unit development and urban lot splits on all single-family residential zoning districts. Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU). Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 4). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of four units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units. SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02 and Resolution 2022-08), provided the new development meets the definition of a multi -family dwelling unit. BACKGROUND: Senate Bill 9 (SB 9) specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to adopt objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and SB 9 two unit residential developments in the City's single-family residential zones. On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in the ordinance. Adoption of the Interim Urgency Ordinance also means that the added protection developed by the City was put in place immediately and applied to any SB 9 applications for a period of 45 days (expiring on April 8, 2022). State Urgency Ordinance provisions are structured so that during the 45-day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. The City extended the Interim Urgency Ordinance twice and it is scheduled to expire on February 21, 2024. Pursuant to State law, the City cannot further extend the Interim Urgency Ordinance and must adopt permanent regulations prior to the expiration of the Interim Urgency Ordinance. Staff has prepared an ordinance consistent with State Law, and with additional provisions to promote orderly growth and development as detailed below: 1. Proposed Change Analysis The S139 Urban Lot Split Ordinance will require new lot lines to be straight from the front property line to the rear with no curves, jogs, or major angles. This will ensure proper lot design and physical improvements, lot access from public right-of-way, adequate width, and setbacks to accommodate utilities, and help achieve livability and protection of land values. Finally, straight lot lines will help avoid confusion between property owners with regard to ownership, access, trespass, and maintenance. A 10-foot setback between habitable structures is required to ensure proper separation for light, air, structure maintenance and access, and fire protection consistent with the California Building Code. S139 requires two Primary Dwellings be allowed on a single lot. Two additional units are allowed for a total of four units under and Urban Lot Split scenario. The City's SB9 ordinance will limit the two additional units to 1,200 square feet each consistent with Accessory Dwelling Unit (ADU) law in an effort to promote consistency for administration, and to accommodate smaller, more affordable dwelling units. The City has included Objective Design Standards in the S139 Ordinance to ensure consistency of colors, materials, roof pitch, window sizes and other design element to match the existing or proposed primary dwelling units in order to promote consistency and quality of development. 2. Affordability Covenant The City is exploring an Affordability Covenant for S139, Urban Lot Split development. The affordability covenant requirement is being explored to help implement the State's goal of providing affordable housing and to help the City meet its State -mandated Regional Housing Needs Assessment (RHNA) number of providing 4,193 affordable units during the 6th Cycle Housing Element from 2021-2029. The Department of Housing and Community Development (HCD) considers any requirement for affordable housing above a 15% threshold to be an inclusionary housing requirement. The City is exploring requiring one of four units, or 25% to be affordable. Consequently, the City is required to complete an economic feasibility study to provide evidence that the ordinance does not unduly constrain the production of housing. The City is working with Keyser Marston Associates (KMA). If the study indicates that the affordability covenant does not unduly constrain the production of housing by making it too expensive to build, then the City will also explore an in -lieu fee as a state -mandated option to the affordability covenant. The Draft Ordinance was presented to the Planning Commission on November 15, 2023. Much of the discussion and questions were concerning flag lots, shared driveways, parking, primary and other dwelling unit sizes, setbacks, and straight/perpendicular lot lines. The Planning Commission passed a Resolution recommending that the City Council approve the Ordinance to amend Titles 16 and 17 to implement the requirements of Senate Bill 9 (S139). Planning Staff met with the General Plan Update Subcommittee consisting of Council Members Stewart and Alexander on October 10, 2023, and November 28, 2023, to discuss S139. FISCAL IMPACT: There will be no direct fiscal impact due to the adoption of this ordinance, however the increase of residences permitted under this ordinance will increase demand for City services and in turn increase cost to the City but are unknown at this time. ATTACHMENTS: 1. Ordinance 2. PC Resolution No. 2023-22 3. Notice of Public Hearing 4. Notice of Exemption 5. Senate Bill 9 6. Interim Urgency Ordinance No. 2022-03, 2022-05 and 2023-01 7. CC S139 Alleviation Report ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On November 15, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-22 recommending approval of the Ordinance by the City Council. C. On December 12, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b. c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing. Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.120 SB 9 Two Unit Development A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and N void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance. B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. 1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. 2. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. 3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit. 5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. 6. "SB 9 two unit development" means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. 7. "Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation. 8. "Urban Lot Split" means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. C. General Requirements and Restrictions. 1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days. 2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below: a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan. b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years. g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section. 4 h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.. i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: ( 1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section 59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 5 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building. 4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation. D. Unit Configuration and Quantity. 1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations: a) Without Urban Lot Split — 4 units maximum per existing parcel: (1) 2 primary dwellings and 2 ADU's; or (2) 2 primary dwellings and 1 ADU and 1 JADU b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total): (1) 2 primary dwellings per parcel; (2) 1 primary dwelling and 1 ADU per parcel; (3) 1 primary dwelling and 1 JADU; (4) 1 primary dwelling per parcel, or (5) 1 primary dwelling on 1 parcel and 1 vacant parcel. 2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. Illustrations are based on a preliminary analysis of the low. Details are subject to change and are for informational purposes only. VACANT LOT Al EXISTING Na units A2 ADD UNITS, NO LOT SPLIT ADD UNITS, LOT SPLIT &&a Up to 2 units .t ADU & -1 JADUs A3 i Up to 4 total units LOT WITH SINGLE-FAMILY HOME Bt I unit B2 Up to 2 units ,I ADU & ,t JADUS 133 Up to 4 total units LOT WITH SINGLE-FAMILY HOME AND AN ADU C1 gilr_ I unit I ADUlJAM C2 I Can add 2 addtt. units II must be an JADU) C3 i i Up to 4 total units LOT WITH SINGLE-FAMILY HOME, AN ADU AND A JADU D1 1 unit I JADU & . I ADU D2 Can add 1 addtf. unit D3 ilk Up to 4 total units For parcels with non conforming buildings please check with Department of Running & Development on the requirements for 58 9 to be utilized for building new units. USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: e Without a lot split, two primary units and up to • SH 9 does not require jurisdictions rmmmm�� 2 new ADUs/JADUs can be built. to approve more than 4 units total, SB 9 can be used to develop single including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited. with all SB 9 requirements. E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following: 1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City. 2. Building Height. The height of residential units constructed under this section shall be limited as follows: a) In no case shall any building height exceed the limit set in the applicable zoning district. 3. Windows. All upper story windows shall be: a) Clerestory; or b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement. 4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. 7 5. Floor Area Ratio and Lot Coverage. a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations. 6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements. 7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design. 8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted. 9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted. 10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance. 11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1. 12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit. 13. Parking. Parking shall be provided as follows: a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development. b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2. d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements. e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit. f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement. 14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot. 15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements: a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts. (1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks (1) Accessory structures are required to maintain a minimum six foot separation from other structures. 16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge. 17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit. a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site. c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way. 18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required. F. Design Review Standards. 1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090. 2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development. a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following: (1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings. (2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 10 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and 3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot. K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed. Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows: M "Chapter 16.59 URBAN LOT SPLIT Section 16.59.010 — Purpose and Applicability Section 16.59.020 — Definitions Section 16.59.030 - Application and Approval Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards Section 16.59.060 — Map Requirements Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purnose and Annlicabilitv. A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits. On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section. Section 16.59.020 Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point. B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. Section 16.59.030 Application and Approval. B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map. 1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor. 12 C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter. D. The City Engineer shall not approve an urban lot split for a parcel: 1 That is located within any of the prohibited areas identified in Section 17.06.120(C)(2); 2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or (iv) Housing that has been occupied by a tenant in the last three years. 3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district; d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements; 13 g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems; h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals; k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations; 1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); o) Location of existing or proposed pedestrian pathway access to the public right-of- way; p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development. F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. The parcel has not been established through prior exercise of an urban lot split under this chapter; 14 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter; 4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; 5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; 6. The uses allowed on a lot created by the parcel map shall be limited to residential uses; 7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another; 8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split; 9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and 11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. Section 16.59.040 Design and Improvement Requirements. A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision. B. Each parcel must be served by a separate water service meter and separate sewer connection. C. Each parcel shall drain to the street or to a developed drainage easement. 15 D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). F. A lot line shall not bisect or be located within four feet of any of the following: 1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. G. The location and orientation of new lot lines shall meet the following standards: 1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below. 2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line. 3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following: a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for property and building maintenance. (2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents. 4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends. 5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet. 6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible. Erl 7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. 8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. 9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses. 10. Lot lines shall be contiguous with existing zoning boundaries. 11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance. 12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. 13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law. H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements: 1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point. 2. The creation of a flag lot shall not create: a) A legal nonconforming structure or use. b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet. 3. Boundary monuments shall be installed for all flag lots. Section 16.59.050 Access Standards. A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: 1. Vehicle access easements serving a maximum of two units shall meet the following standards: a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14); 17 b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than three feet to the easement. 2. Vehicle access easement serving three to four units shall meet the following standards: a) Easement width shall be a minimum of 20 feet; b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than five feet to the easement. 3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: a) Easement width shall be a minimum of five feet; and b) Pedestrian access easements shall not exceed 200 feet in length. 4. Vehicle access easements shall not be located closer than 25 feet to an intersection. 5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading. Section 16.59.060 Map Requirements. A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter. B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. D. The parcel map shall contain a declaration that: 1. Each lot created by the parcel map shall be used solely for residential dwellings; 2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. Section 16.59.070 Concurrent Processing with other Ministerial Housing Permits. A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit 18 for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted. B. A building permit for development on an urban lot split cannot be issued until the parcel map records. C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. IM Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , ATTEST: Randi Johl, City Clerk [SEAL] , Mayor 20 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 21 PC RESOLUTION NO.2023-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in Interim Urgency Ordinance No. 2022-03. B. Interim Urgency Ordinance No. 2022-03 was subsequently extended twice by the City Council and is scheduled to expire on February 21, 2024. C. City staff identified the need to adopt a permanent ordinance to address urban lot splits permitted under Government Code Section 66411.7 and SB 9 two unit developments permitted under Section 65852.210) before Interim Urgency Ordinance No. 2022-03 expires. D. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code on November 15, 2023, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. E. The proposed amendments to Title 16, & 17 are consistent with the City of Temecula General Plan, and each element thereof. F. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed Ordinance implements the requirements of Senate Bill (SB) 9, which requires local jurisdictions to ministerially approve urban lot splits and residential development of up to four units. The proposed Ordinance is drafted in a manner to ensure compliance with state law. Residential land uses are permitted in the General Plan and therefore, the uses are consistent with the residential land districts identified in the General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed Ordinance does not propose any land use that is inconsistent with the General Plan. The changes proposed would expand or increase the intensity of residential uses in areas that already permits such uses. The proposed Ordinance furthers Goal 3 of Land Use Element of the Temecula General Plan, which is to encourage "A City of diversified development character, where rural and historical areas are protected and co- exist with newer urban development." 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 16, and 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes are consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan which is "Orderly and efficient patterns of growth that enhance quality of life for Temecula Residents." Section 3. Environmental Compliance. Under California Government Code Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR22-0158, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November 2023. ! IN A -J - EN ATTEST: eag ZWL Luke Watson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2023-22 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of November, 2023, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Hagel, Solia, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Ruiz Aatt P1, ,P Luke Watson Secretary ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On November 15, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-XX recommending approval of the Ordinance by the City Council. C. On December 12, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: -I- A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b. c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing. Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.120 SB 9 Two Unit Development A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance. B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply -2- for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. 1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. 2. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. 3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit. 5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. 6. "SB 9 two unit development' means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. 7. "Substantial redevelopment' means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation. 8. "Urban Lot Split' means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. C. General Requirements and Restrictions. 1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days. -3- 2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below: a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table Ill-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan. b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years. g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section. h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section I" 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.. i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division I of Title 2 of the Government Code. j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section 59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building. -5- 4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation. D. Unit Configuration and Quantity. 1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations: a) Without Urban Lot Split — 4 units maximum per existing parcel: (1) 2 primary dwellings and 2 ADU's; or (2) 2 primary dwellings and 1 ADU and 1 JADU b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total): (1) 2 primary dwellings per parcel; (2) 1 primary dwelling and 1 ADU per parcel; (3) 1 primary dwelling and 1 JADU; (4) 1 primary dwelling per parcel, or (5) 1 primary dwelling on 1 parcel and 1 vacant parcel. 2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. in Illustrations are based on a preliminary analysis of the law. Details are subject to change and are for Informational purposes only. VACANT LOT Al EXISTING No units A2 ADD UNITS, NO LOT SPLIT ADD UNITS, LOT SPLIT Up to 2 units I ADU @ • I JADUs Al Up to 4 total units LOT WITH SINGLE-FAMILY HOME B1 1 unit 82 Lf" Up to 2 units • 1 ADU ft -1 JADUs 63 Up to 4 total units LOT WITH SINGLE-FAMILY HOME AND AN ADU C1 1 unit 1 ADUIJADU C2 Can add 1 addtl. units /1 must be an JADUs C3 add Up to 4 total units LOT WITH SINGLE-FAMILY HOME, AN ADU AND A JADU D1 I unit I JADU ft 4 1 ADU D2 Can add 1 addtl. unit D3 i Up to 4 total units roc parcels with non conforming buddings please check with Department of Planning b Development or) the requirements for 4a 9 to be utilized for buifdng new units USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: Ir • Without a lot split, two primary units and up to • SB 9 does not require jurisdictions 2 new ADUs/JADUs can be built. to approve more than 4 units total, 58 9 can be used to develop single Including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited, with all SB 9 requirements. E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following: 1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City. 2. Building Height. The height of residential units constructed under this section shall be limited as follows: a) In no case shall any building height exceed the limit set in the applicable zoning district. 3. Windows. All upper story windows shall be: a) Clerestory; or b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement. 4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. -7- 5. Floor Area Ratio and Lot Coverage. a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations. 6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements. 7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design. 8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted. 9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted. 10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance. 11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1. 12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit. 13. Parking. Parking shall be provided as follows: a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development. b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2. 10 d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements. e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit. f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement. 14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot. 15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements: a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts. (1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks (1) Accessory structures are required to maintain a minimum six foot separation from other structures. 16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge. 17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit. a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site. In c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way. 18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required. F. Design Review Standards. 1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090. 2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development. a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following: (1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings. (2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: -10- 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and 3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot. K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed. Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows: "Chapter 16.59 URBAN LOT SPLIT -11- Section 16.59.010 — Purpose and Applicability Section 16.59.020 — Definitions Section 16.59.030 - Application and Approval Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards Section 16.59.060 — Map Requirements Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purpose and Applicability. A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits. On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section. Section I6.59.020 Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point. B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. Section „16.59.030 Application and Approval. B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map. 1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor. -12- C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter. D. The City Engineer shall not approve an urban lot split for a parcel: 1 That is located within any of the prohibited areas identified in Section 17.06.120(C)(2); 2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or (iv) Housing that has been occupied by a tenant in the last three years. 3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district; d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements; -13- g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems; h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals; k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations; 1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); o) Location of existing or proposed pedestrian pathway access to the public right-of- way; p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development. F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. The parcel has not been established through prior exercise of an urban lot split under this chapter; -14- 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter; 4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; 5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; 6. The uses allowed on a lot created by the parcel map shall be limited to residential uses; 7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another; 8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split; 9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and 11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. Section 16.59.040 Desi n and Improvement Re uirements. A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision. B. Each parcel must be served by a separate water service meter and separate sewer connection. C. Each parcel shall drain to the street or to a developed drainage easement. D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). -15- F. A lot line shall not bisect or be located within four feet of any of the following: 1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. G. The location and orientation of new lot lines shall meet the following standards: 1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below. 2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line. 3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following: a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for properly and building maintenance. (2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents. 4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends. 5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet. 6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible. 7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. -16- 8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. 9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses. 10. Lot lines shall be contiguous with existing zoning boundaries. 11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance. 12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. 13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law. H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements: 1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point. 2. The creation of a flag lot shall not create: a) A legal nonconforming structure or use. b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet. 3. Boundary monuments shall be installed for all flag lots. Section 16.59.050 Access Standards, A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: 1. Vehicle access easements serving a maximum of two units shall meet the following standards: a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14); b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than three feet to the easement. 2. Vehicle access easement serving three to four units shall meet the following standards: -17- a) Easement width shall be a minimum of 20 feet; b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than five feet to the easement. 3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: a) Easement width shall be a minimum of five feet; and b) Pedestrian access easements shall not exceed 200 feet in length. 4. Vehicle access easements shall not be located closer than 25 feet to an intersection. 5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading. Section 16.59.060 Ma Requirements. A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter. B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. D. The parcel map shall contain a declaration that: 1. Each lot created by the parcel map shall be used solely for residential dwellings; 2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. Section 16.59.070 Concurrent Processing with other Ministerial Housing -Permits. A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted. B. A building permit for development on an urban lot split cannot be issued until the parcel map records. -18- C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Proj ect: Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage. -19- PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing THE CIT OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CIT❑ COUNCIL to consider the matter(s) described below. Case No :� LR22-0158, Senate Bill 9 Ordinance Update Applicant: City of Temecula Location: Citywide Proposal: An Ordinance of the City Council of the City of Temecula amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of SB9 and make a finding that the project is exempt from CE A per (Section 15061(13)(3)). Environmental Action: In accordance with the California Environmental luality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CE A (Section 15061(b)(3)). PLACE OF HEARING: 41000 Main St4Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: December 12, 2023 TIME OF HEARING: 6:00 PM Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8100 a.m. until 5100 p.m. ❑uestions concerning the project(s) may be addressed to Matt Peters, City of Temecula Community Development Department, (951) 694-6400. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sina(& asrclkrec. com December 13, 2023 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR22-0158, amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of Senate Bill 9 (SB9). Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the City will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Matt Peters at email: Matt.PetersgTemeculaCA. og_v. Sincerely, Luke Watson Deputy City Manager Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Long Range Project No. LR22-0158 Municipal Code Update to Titles 16 and 17 for SB9. Description of Project: An Ordinance of the City Council of the City of Temecula amending Titles 16 and 17 of the Temecula Municipal Code to implement the requirements of Senate Bill 9 ("SB9") (2021). Project Location: Citywide Applicant/Proponent: City of Temecula The City Council approved the above -described project on December 12th, 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number: ❑Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061 (b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: In accordance with the California Environmental Quality Act (CEQA), the proposed ordinance has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed ordinance amends the municipal code to make minor revisions to Massage Establishments, Home Occupation Permits, and Accessory Dwelling Units, implement standards for battery storage facilities and shipping containers, clarify permitted uses in open space zoning districts, update definitions of Specialty Market and Restaurant and correct other various typographical errors and omissions. Contact Person/Title: Matt Peters, Assistant Director of Community Development Telephone Number (951) 694-6408 Signature: Luke Watson, Deputy City Manager Date received for filing at the County Clerk and Recorders Office: Date: •CPA)s!nrorc�uroa.vl� AUTHENTICATED ELECTRONIC LEGAL MATERIAL Senate Bill No. 9 CHAPTER 162 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons. and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Ch. 162 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or Iaw that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is Iocated within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA_ The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 — 3 — Ch. 162 This bill would exempt a Iocal agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The people of the State of California do enact as follows: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 Ch. 162 — 4 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years- (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor, as defused in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project ifthe building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 5 — Ch. 162 no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a tern longer than 30 days. (# Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (i) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered. 0) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section. SEC. 2. Section 66411.7 is added to the Government Code, to read: 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: 94 Ch. 162 — 6 — (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income_ (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020_ 1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 7 — Ch. 162 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsitc improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision ofpublic services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be Iimited to residential uses. (g) (1) A local agency shall require an applicant for an urban Iot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162 housing units as theirprincipal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision snail not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. 0) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (e), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (1) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (1) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay cones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 9 — Ch. 162 considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements ofpublic rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later, The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting_ The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements; as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. 94 Ch. 162 —10 — (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 94 -11— Ch. 162 (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate Iand use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition ofreal property orany interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January I, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to Ievy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 —12 — because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 94 ORDINANCE NO.2022-03 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION 65852.21(J) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858. B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community. H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9. K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements: A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows: 1. "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time. 2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time. 3. "Primary Residence" means the original dwelling on the property. 4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7. 5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9. 6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. B. Applicability: Ministerial Compliance Review. 1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code. 2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. 3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split. 4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. 5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements: 1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act. 2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance. 3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required; f. Access to the public right-of-way shall be maintained in perpetuity; and g. All required parking shall be maintained. 4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit. D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards: 1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance. 2. For an urban lot split that results in only one new unit being developed on the lot, the new development shall match the existing primary dwelling unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials, and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick on columns); window sizes and shapes; and trim material and color. 3. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot. 4. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot. 5. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way. 6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 7. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. 8. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. 9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height. 10. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area. 11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21. 12. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet. 13. An SB 9 Development Project shall not require the demolition or alteration of any of the following: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application. 14. A SB 9 Development Project shall not be permitted on a parcel located in: a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or, sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant 8 Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). i. Lands under conservation easement. k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City. 15. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. 16. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards: a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet. b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide. f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity. E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance. SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance. SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance. SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, 10 clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022. ATT Randi Johl, City Clerk [SEAL] 1 Matt Rahn, Mayor 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 12 ORDINANCE NO.2022-05 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, EXTENDING INTERIM URGENCY ORDINANCE NO. 2022-03, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has a term of forty-five (45) days and is scheduled to expire on April 8, 2022. SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption. B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council. C. On September 16, 2021, California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. D. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. F. Some parcels within the City are within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. H. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents — including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability — without compensating benefits to the community. I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9. K. The City Council now finds that it is necessary to extend the emergency regulations. 2 L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. M. The City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 3. Compliance with Government Code Section 65858(d). Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On March 8, 2022, the City Council issued this report. SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for ten (10) months and fifteen (15) days so as to extend these regulations until and through February 21, 2023. The urgency ordinance hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9. SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate, ten (10) months and fifteen (15) days after the 45- day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time. SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this Interim Urgency Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Urgency Ordinance. SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this Interim Urgency Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this Interim Urgency Ordinance. SECTION 9. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this Interim Urgency Ordinance in the event the studies desired by this City Council will not be concluded on or before the termination of the Urgency ordinance. SECTION 10. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency 4 Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 11. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 12. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect ten (10) months and fifteen (15) days from the 45-day expiration date of Interim Urgency Ordinance No. 2022-03, unless extended pursuant to the legal requirements contained in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22°d day of March, 2022. u ATTE Randi Johl, City Clerk [SEAL] 1 CIL., Matt Rahn, . ayor 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-05 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of March, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4 � Randi Johl, City Clerk 6 ORDINANCE NO.2023-01 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO.2022- 03, ESTABLISHING EMERGENCY REGULATIONS PURSUANT TO GOVERNMENT CODE SECTION 65858 ON URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO GOVERNMENT CODE SECTION 65852.21(J) AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Prior Ordinance. On February 22, 2022, the City Council adopted Interim Urgency Ordinance No. 2022-03 establishing emergency regulations pursuant to Government Code Section 65858 on urban lot splits and housing units built in accordance with Senate Bill 9. That ordinance has an initial term of forty-five (45) days, which the Council extended for an additional ten (10) months and fifteen (15) days on March 22, 2022. Interim Urgency Ordinance No. 2022-03 is scheduled to expire on February 21, 2023. SECTION 2. Legislative Findings. The City Council of the City of Temecula does find, determine, and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, an interim urgency zoning ordinance must be adopted by not less than a four -fifths vote of the City Council and is effective for forty-five (45) days from the date of its adoption. B. The City Council may consider up to two (2) extensions of Interim Urgency Ordinance No. 2022-03 pursuant to the legal requirements provided in Government Code Section 65858. The City Council may initially extend Interim Urgency Ordinance No. 2022-03 by up to ten (10) months and fifteen (15) days. Then, the City Council may extend Interim Urgency Ordinance No. 2022-03 for one (1) subsequent year. Both extensions require a four -fifths vote of the City Council. C. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. D. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. E. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. F. Some parcels within the City are within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. G. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. H. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents — including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability — without compensating benefits to the community. I. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. J. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. To accomplish this, the City Council imposed, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant to SB 9. K. The City Council now finds that it is necessary to extend the emergency regulations. L. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. M. The City Council finds that it is necessary that this Interim Urgency Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this Interim Urgency Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this Interim Urgency Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. N. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 3. Compliance with Government Code Section 65858(d). Government Code Section 65858(d) requires that ten days prior to the expiration or extension of any interim zoning ordinance, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. On January 10, 2023, the City Council issued this report. SECTION 4. Adoption as an Interim Urgency Zoning Ordinance. This Ordinance is adopted as an interim urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 2 of this Interim Urgency Ordinance, the City Council finds and determines that the adoption of this Interim Urgency Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety, and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 5. Emergency Regulations Extended. The emergency regulations enacted by the City of Temecula pursuant to Interim Urgency Ordinance No. 2022-03 are hereby extended pursuant to Government Code Section 65858 for an additional year so as to extend these regulations until and through February 21, 2024. The urgency ordinance hereby extends emergency regulations of urban lot splits and housing units built in accordance with Senate Bill 9. SECTION 6. Term. This Interim Urgency Ordinance shall take effect immediately upon adoption, and this Interim Urgency Ordinance shall expire, and the emergency regulations established hereby shall terminate on February 21, 2024. The City Council shall retain the authority to terminate or to limit the scope of the emergency regulations at any time. SECTION 7. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Interim Urgency Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this Interim Urgency Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this Interim Urgency Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This Interim Urgency Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this Interim Urgency Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this Interim Urgency Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this Interim Urgency Ordinance. SECTION 8. Planning Studies. City staff shall continue the studies commenced pursuant to Interim Urgency Ordinance No. 2022-03 that they deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. SECTION 9. Effect of Ordinance. This Interim Urgency Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this Interim Urgency Ordinance; provided, however, that nothing contained in this Interim Urgency Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Interim Urgency Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 11. Effective Date. This Interim Urgency Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect on February 22, 2024. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula on this 241h day of January, 2023. ATTES Randi Johl, City Clerk [SEAL] 1 Zak Schwank, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-01 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 20 day of January, 2023 by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 8, 2022 SUBJECT: Issuance of a Public Report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council issue this report pursuant to Government Code Section 6585(d). BACKGROUND: Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance. Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after 45 days on April 8, 2022. However, extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Therefore, City staff has scheduled and will notice of a public hearing for March 22, 2022 so that the City Council may consider extending the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including February 22, 2023. In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03. Measures taken to alleviate the conditions that led to the adobtion of Interim Urgencx Ordinance No. 2022-03: Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique residential character is maintained while complying with the provisions of SB. City staff has begun identifying updates that will specifically address the housing development and design of structures and urban lot splits permitted by SB 9. While considering zoning and subdivision provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the following: • Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods; • Determine an estimated number and location of new units resulting from implementation of SB 9; • Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula. At this time, a preliminary project schedule has been prepared that may include a study session and/or public hearing with the Planning Commission and City Council. The further evaluation of potential unexpected increases in residential density will be essential to ensure the health, safety and welfare of the community as well as to ensure the efficient and adequate delivery of governmental services. To ensure that regulations are in place while City staff drafts and the Planning Commission and City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need to be extended. This will serve to protect the City's unique residential character but also ensures the City's compliance with SB 9 as set forth in the statute. FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report. ATTACHMENTS: None Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Captain Chris Durham, Temecula Police Chief DATE: December 12, 2023 SUBJECT: Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc. RECOMMENDATION: That the City Council: 1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and 3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras. BACKGROUND: On July 13, 2021, the City Council approved an agreement with the Flock Group, for the purchase of 50 cameras as part of the Flock Automated License Place Recognition (ALPR) System. Two additional cameras were later added to the system and approved by City Council on December 14, 2021, for a total of 52 cameras citywide. Flock has now presented the Riverside County Sheriff's Office (RSO) and the City with a unique opportunity to lock in current pricing before 2024 price increases, of $2,500 per camera for five (5) years. For the current 52 cameras, that would equate to a per camera savings of approximately $500 per year or $130,000 over 5-years. On November 7, 2023, Chief Durham presented to the Public Safety Ad Hoc Subcommittee (Councilmembers Alexander and Kalf is) how the Flock System has dramatically increased the Sheriff's Department's ability to increase public safety by deterring, capturing, and arresting criminal suspects. The current cameras have led to the recovery of over 60 vehicles involved in criminal activity, support in amber and silver alerts (missing seniors with various mental disabilities) as well as assistance in a recent assault with a deadly weapon case. Although cameras are deployed throughout the City, including examples of private property owners investing in this technology such as the Temecula Car Dealerships and varied HOA's, in the opinion of law enforcement, the middle part of the city lacks adequate Flock coverage. To address this issue, RSO has recommended an additional 28 cameras, for a total of 80 cameras. As a proven and critical law enforcement tool, RSO and the City would like to take the fiscally proactive action of locking in the current annual rate, which will save the City $200,000 over the five (5) year period. The total five (5) year contract amount is $1,000,000. This agreement will maintain current levels of technology adoption, which does not include facial recognition software nor any illegal invasion of privacy. ALPR users are required to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. Should the City and/or RSO elect to adopt additional Flock technologies during the agreement term, those modifications would be subject to City Council approval. In addition to Riverside County having a contractual relationship/investment with Flock for the unincorporated areas, the following Riverside County City's currently utilize Flock cameras: • Beaumont • Canyon Lake • Corona • Desert Hot Springs • Eastvale • Hemet • Indian Wells — Pending with Council • Jurupa Valley • Lake Elsinore • La Quinta • Indio • Menifee • Moreno Valley • Murrieta • Norco • Palm Desert • Palm Springs — Pending with Council • Rancho Mirage • Riverside City • Temecula Although both Subcommittee members expressed their support of RSO's efforts and the Flock outcomes, there was a stated concern over the potential proliferation of cameras and the possible advent of "Big Brother" technology here in Temecula. Staff acknowledged the Subcommittee concerns and outlined the obligation to proceed with the City Staff/RSO recommendation(s) to enhance public safety (through this investment) for consideration by the full City Council. FISCAL IMPACT: Adequate funds have been appropriated in the Fiscal Year 2023-24 Annual Police Department Operating Budget. ATTACHMENTS: Services Agreement Flock Safety + CA - City of Temecula Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT: Tonia Crump ton i a@ floc ksa fety.com 4049329942 frock safety f ock safety Customer: CA - City of Temecula Legal Entity Name: CA - City of Temecula Accounts Payable Email: ap@temeculaca.gov Address: 41000 Main St Temecula, California 92590 Hardware and Software Products Annual recurring amounts over subscription term Flock Safety Platform Flock Safety Flock OS FlockOS TM Flock Safety LPR Products Flock Safety Falcon Professional Services and One Time Purchases One Time bees Flock Safety Professional Services Professional Services - Standard Implementation Fee Professional Services - Existing Infrastructure Implementation Fee EXHIBIT A ORDER FORM Initial Term: 60 Months Renewal Term: 24 Months Payment Terms: Net 30 Billing Frequency: Annual - First Year at Signing. Retention Period: 30 Days 5200;000.00 Included I Included Included 80 Included $650.00 15 $9,750.00 $150,00 13 $1,950. 00 Subtotal Year l: $211,700.00 Annual Recurring Subtotal: $200,000.00 Discounts: $200,000.00 Estimated Tax: $0.00 Contract Total: $1,011,700.00 Billing Schedule Year 1 At Contract Signing $211,700.00 Annual Recurring after Year 1 $200,000.00 Contract Total $1,011,700.00 * his not i n c I t ded Discounts Flock Safety Plat I rin $200,000.00 Flock Safety Add-ons $0.00 Flock Safety Professional Services $0.00 Product and Services Description Flock Safety Falcon © An infrastructure -free license plate reader camera that utilizes Vehicle Fingerprint° technology to capture vehicular attributes. The Term shall commence upon first installation and validation of Flock Hardware. Installation on existing infrastructure One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - Advanced Implementation Fee One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief FlockOS Features & Description Package: Essentials Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you. Unlimited Users Unlimited users for FlockOS State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network. Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network. Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle FingerprintTm technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks. Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports. Flock Safety's maps are powered by ESRI, which offers the ability for 3D visualization, viewing of Floor ESRI Based Map Interface plans, and layering ofextemal GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior Floor plans (i.e., hospitals, corporate campuses, universities) Real -Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect's license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map. By executing this Order Form, Customer represents and warrants that it has read and agrees all of the terms and conditions. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC.,,,- Customer: CA -City of Temecula ITM Title: I C -4 aa&L C66 Title: PO Number: CITY OFTEMECULA By: Zak Schwank, Mayor ATTEST: Randi Johl, Secretary APPROVED AS TO FORM: Peter M. Thorson, City Attorney EXHIBIT A TERMS AND CONDITIONS 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. 1.1 "Anonymized Data" means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly and is thereby rendered "anonymized data" as defined in ISO 25237:2017, Sections 3.2 and 3.3. 1.2 "Authorized End User(s)" means any individual employees, agents, or contractors of Custorner and/or RSO accessing or using the Services, under the rights granted to Customer pursuant to this Agreement. 1.3 "Customer Data" means the data, media and content provided or made accessible to Flock by Customer through or in connection with the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.4. "Customer Hardware" means the third -party cameras owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.5 "Embedded Software" means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware. 1.6 "Flock Hardware" means the Flock device(s), which may include the pole, cameras, clamps, solar panel, installation components, and any other Flock owned physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda. 1.7 "Flock IP' means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or 2885630 its Authorized End Users. Flock IP does not include Footage (as defined below). 1.8 "Flock Network End User(s)" means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein. 1.9 "Flock Services" or "Services" means the provision of Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. LI0 "Footage" means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services. 1.11 "Hotlist(s)" means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned,or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction. 1 .12 "Installation Services" means the services provided by Flock for installation of Flock Services and Flock Hardware. 1.13 "Permitted Purpose" means any legitimate law enforcement purpose, including, but not limited to, the awareness, prevention, and prosecution of crime, investigations, prevention of commercial harm, to the extent permitted by law. 1.14 "Retention Period' means the time period that the Customer Data is stored by Flock within the cloud storage, as specified in the product addenda. 1.15 "Vehicle Fingerprinl'TM' means the unique vehicular attributes captured through the Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks. 1. 16 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services. 1.17 "RSO" means the Riverside County Sheriffs Department. 1.18 "Applicable Laws" means Title 1.81 of Part 4 of Division 3 of the California Civil Code, 2885630 including Section 1798.90.5, et seq., and the California Consumer Privacy Act, Section 1798.100, et seq., Government Code Section 7284, et seq., and any and all other applicable local, State and federal laws and regulations. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non- transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the longer of. the Retention Period, period of retention required by Customer's records retention requirements or State law including California Government Code Section 34090, et seq., or any period set forth in a notice of litigation hold as provided herein. Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Customer may request that access by any Authorized End User of the Flock Services requires 2-step verification. Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage), provided any such third parties with access to Customer Data, maintain confidentiality of Customer Data. 2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services. 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use cornmercially reasonable efforts to respond to requests for support within forty-eight (48) hours of becoming aware of malfunction in the Flock Services or Flock Hardware. Flock will provide Customer with 2885630 reasonable technical and on -site support and maintenance services in -person, via phone or by email at support(a-Mocksafety.com (such services collectively referred to as "Support Services". 2.4 Upgrades to Platform. Flock may make any upgrades to its system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its customers, the competitive strength of, or market for, Flock's products or services such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand and agree that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third -party services required in order to provide the Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of an unforeseeable Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties under Customer's direction, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term. 2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock 1P by Customer; (b) Customer's or any Authorized End User's use of the Flock 1P disrupts or poses a security risk to the Flock IP or any other customer or 2885630 vendor of Flock; (c)Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer's account ("Service Suspension"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit, unless the suspension occurred at no fault of Customer. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension. 2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately. 3. CUSTOMER OBLIGATIONS 3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer or RSO. Authorized End Users shall only use Customer or RSO-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining, and/or requiring RSO to obtain and maintain, any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities, and shall require RSO to provide reasonable access to RSO facilities, and to Customer and RSO 2885630 personnel, as applicable, in order to enable Flock to perform the Services (such obligations of Customer are collectively defined as "Customer Obligations"). 3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer and/or RSO shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content. 3.3 NOTWITHSTANDING ANY OTHER PROVISION HEREIN, THE PARTIES ACKNOWLEDGE AND AGREE THAT: (A) RSO WILL BE AN "AUTHORIZED END USER" AND OPERATOR OF THE FLOCK ALPR SYSTEM, INCLUDING ALL HARDWARE, FLOCK IP, AND THE SERVICES; (B) RSO IS THE LAW ENFORCEMENT AGENCY PROVIDING LAW ENFORCEMENT SERVICES FOR THE CUSTOMER AND THAT IT IS RSO, BY AUTHORIZATION FROM THE CUSTOMER, THAT WILL BE ACCESSING AND USING THE ALPR DATA COLLECTED BY THE FLOCK HARDWARE, SOFTWARE AND SYSTEM; (C) FLOCK SHALL EXTEND TO RSO THE SAME RIGHTS AND BENEFITS OF THIS AGREEMENT AS ARE PROVIDED TO THE CUSTOMER, INCLUDING, WITHOUT LIMITATION, THE RIGHTS AND BENEFITS OF THIS SECTION 3.2, SECTION 5, SECTION 8, AND SECTION 9; AND (D) CUSTOMER SHALL REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE SECTIONS. 4. DATA USE AND LICENSING 4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. For the term of this Agreement, Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data solely for the purpose of performing all acts as may be necessary for Flock to lawfully provide the Flock Services to Customer. Flock does not own and shall not share, disseminate, or sell Customer Data, except as expressly provided herein. Notwithstanding any other provision herein, Flock shall: (a) keep and maintain Customer Data and Customer Generated Data (collectively, "Data" sometimes in this Section 4) in strict confidence, using such degree of care as is appropriate and -consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose the Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and Applicable Laws; (c) allow access to the 2885630 Data only to Customer, Authorized End Users, and those employees or agents of Flock who are directly involved with and responsible for providing the Services, and/or third parties bound in writing to maintain confidentiality of the Data; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available any of the Data for Flock's own purposes or for the benefit of anyone other than Customer without Customer's prior written consent, or as otherwise provided herein. 4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated Data"). Customer shall retain whatever legally cognizable right, title, and interest it otherwise possesses in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. For the term of this Agreement, Customer grants Flock a non- exclusive, irrevocable, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not share, disseminate, or sell Customer Generated Data, except as expressly authorized herein. 4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non -identifiable to create Anonymized Data, as defined herein, to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. 4.4 Security of Customer Data. In storing, handling, transmitting, and/or accessing Customer Data, Flock shall incorporate a comprehensive set of data security protocols comprising a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with Applicable Laws, to protect Customer Data at rest, Customer Data in use, and Customer Data in transit, and that, at minimurn: (i) control access to Data; (ii) include regular 2885630 audits, including threat assessments, to evaluate susceptibility to unauthorized access; (iii) provide regular maintenance and updating to ensure current cyber threats are identified and proactive defensive measures are undertaken; (iv) meet all current rules, regulations, policies, and standards of the Criminal Justice Information Services, Division of the Federal Bureau of Investigation (CJIS), including ensuring that persons having access to Customer Data are free of criminal history or any other security threat that would otherwise disqualify any such person from accessing confidential criminal justice information under current rules, regulations, policies, and standards of the CJIS; and (v) provide for the physical and environmental protection of all Customer Data. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data , or the physical, technical, administrative, or organizational safeguards put in place by Flock that relate to the protection of the security, confidentiality, or integrity of that Customer Data, Flock shall, as applicable: (a) notify Customer and RSO as soon as practicable or as required by Applicable Laws, but no later than forty-eight (48) hours of becoming aware of such occurrence; (b) cooperate with Customer and RSO in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with Applicable Laws; (c) in the case of personally identifiable information, provide all notifications to individuals required by Applicable Laws; (d) perform or take any other actions required to comply with Applicable Law as a result of the occurrence; and (e) provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Flock will undertake to prevent a future occurrence. To the maximum extent permitted by law, Flock shall indemnify, defend and pay reasonable attorneys' fees and costs, and hold Customer and the County of Riverside, and Customer's and County's elected officials, officers, employees, and agents free and harmless, with respect to any and all claims and liabilities to the extent arising out of, related to, or incurred in connection with any unauthorized access to or theft of Customer Data, including any and all related bank charges in the case of identity theft; provided, however, that Flock's liability for "cyber theft" shall not exceed the limits of Flock's cyber liability policy required herein. All cloud based storage shall comply with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto, and shall be provided solely within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to Customer promptly upon 2885630 request. Cloud based storage using Amazon Web Services (AWS) or Microsoft Azure, shall be deemed to satisfy the foregoing requirements. Customer and RSO shall have full and complete access to, and ability to download, any Customer Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Flock or during a Service Suspension not due to the fault of Customer. Customer or RSO may at any time, provide Flock with a written "litigation hold" notice, therein requiring Flock to isolate and maintain any Customer Data that Flock has access to and that becomes relevant to any criminal or civil action or discovery process involving Customer or RSO. 5. CONFIDENTIALITY; DISCLOSURES 5.1 Confidentiality. To the extent required by any applicable public records requests, each Party understands that the other Party (the "Disclosing Party') has or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality, and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer or any Authorized End User to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. For avoidance of doubt, all Customer Data and Customer Generated Data is Proprietary Information. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any subpoena, judicial or governmental order, or the California Public Records Act provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order or disclosure. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), 2885630 together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There are no implied rights. 5.3 Disclosure of Footage. Subject to and during the Retention Period, and in compliance with all Applicable Laws, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a court order, subpoena, or Applicable Laws, legal process, enforce this Agreement, or detect, prevent or otherwise address an actual security breach, crime of fraud, or emergency situations where there is an actual threat to public health or safety. 6. PAYMENT OF FEES 2885630 6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer shall use reasonable efforts to contact Flock no later than thirty '(30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim, except a claim that any Flock Hardware installed by Flock is not properly functioning. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer of the payment delinquency before exercising any suspension right. 6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days' notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable). 6.3 Late Fees. if payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made. 6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 7.TERM AND TERMINATION 7.1 Term. Unless sooner terminated as provided herein, the initial term of this 2885630 Agreement shall be for five (5) years (the "Term"). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for up to two, additional one (1) year terms (each, a "Renewal Term") unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term. Termination for Non -Appropriation. Customer may terminate this Agreement without penalty at any time after the first year of the Term or Renewal Term in the event Customer fails to appropriate funds sufficient to pay Flock the fees required hereunder for the City's following fiscal year. 7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre -paid fees for Services not received due to such termination. 7.3 Survival. The following Sections will survive termination: 1, 3, 4, 5, 6, 7, 8.3, 8.4, 9, 10.1 and 11.6. &REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER 8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software to perform as represented by Flock or as described in any applicable documentation (a "Defect'), Customer shall utilize reasonable efforts to notify Flock's technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace 2885630 such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock. 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee scliedule(littl2s://www.flocksafety.coiii/reitistall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware. However, annual renewal fees to be paid hereunder shall be reduced in proportion to the reduced functionality resulting from the reduction in Flock Hardware. 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third - party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. Service Level Guarantee. Flock understands and agrees that Customer is a public entity and that the Services are paid for with public funds. Therefore, in order to ensure accountability to the public and that the public is receiving the level of performance of online services for which public funds are being paid ("Guaranteed Service Levels"), Flock agrees that, unless otherwise agreed upon in writing, "Uptime Availability" of the software shall be not less than 99% over any calendar month period based on the following formula: "Scheduled Uptime" = the total minutes in the reporting month, minus the total minutes consumed by scheduled downtime for maintenance or documented force majeure events. "Actual Uptime" means the total minutes in the reporting month that the Services were actually available to Customer and Authorized End Users for normal use. "Uptime Availability" = (Actual Uptime/Scheduled Uptime) x 100. Failure to maintain the Guaranteed Service Levels for any two consecutive month period shall constitute a material breach of this Agreement. 8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS 2885630 CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE LAW OF THE STATE OF CALIFORNIA. 8.5 Insurance. Flock will maintain commercial general, auto, and cyber liability policies, and worker's compensation, in such form and with such limits as set forth in Exhibit B hereto. 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance frorn any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions not caused by a party hereto. Notwithstanding the foregoing, nothing herein shall require Customer to pay for Services made unavailable by any force majeure. 9. LIMITATION OF LIABILITY; INDEMNITY 9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; 2885630 (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. THIS SECTION 9.1 SHALL NOT APPLY TO, AND NOTHING IN THIS SECTION 9.1 SHALL LIMIT, FLOCK'S LIABILITY ARISING OUT OF ANY INDEMNITY OR INSURANCE PROVISION OR OBLIGATION HEREIN. 9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees. 9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, stop notices, costs (including defense) and expenses, on account of: (i) any alleged or actual infringement of any intellectual property or proprietary right, any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement or related to the Flock Services; or (ii) any damage, injury, or death to any person, or any damage to property to the extent caused by, installation of Flock Hardware by Flock, or any of Flock's employees, agents, or contractors, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Should Customer or any Authorized End User be prevented from using the Flock Services or any of the Flock Hardware as a result of any such infringement claim or violation, at Flock's expense, Flock shall (i) obtain all rights for Customer and Authorized End Users to utilize the Services and/or Flock 2885630 Hardware; (ii) provide alternate services or hardware providing substantially the same functionality; or (iii) issue a pro rata refund for all amounts prepaid to Flock, remove all Flock Hardware, and restore each Flock Hardware site to its original condition, reasonable wear and tear excepted. 10. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware, unless otherwise necessary in order to protect the public health or safety, or to safeguard Flock Hardware until retrieval by Flock. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services for not less than sixty (60) days after receipt of written demand by Flock, Flock may remove Flock Hardware at Flock's discretion and Flock shall restore all Customer property to substantially its original condition, wear and tear excepted. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Customer's default and Flock shall have the right to enforce any other legal remedy or right. 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location and will provide alternative options to Customer. Customer may also reject any location proposed by Flock, without penalty. Customer hereby grants Flock a right of entry in and onto Customer's property to perform Installation Services. Flock understands and agrees that, since RSO shall be the operator of the Flock Equipment and shall have exclusive possession and control over the Footage, Customer will assist Flock as reasonably necessary to enable Flock to make any necessary physical, including electronic, connections to RSO facilities. 2885630 10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https:llwww.flocksafety.com/reinsta11Jee-schedule), unless any such changes are necessary to comply with any law or regulation, or to minimize any risk to the public health or safety, or not due to any acts, omissions or requests of Customer. Customer will receive prior notice and confirm approval of any such fees, unless such fees are subject to the foregoing exception. 10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide. ("Customer Obligations"). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement, and in compliance with All Applicable Laws including, but not limited to, the current California Building Code and California Electrical Code. Upon termination or expiration of this Agreement Flock Hardware shall be removed and Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock's use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this Agreement. 11. MISCELLANEOUS 1 1.1 Compliance with Laws. Parties shall comply with all applicable laws including all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).Furthermore, the Installation Services constitute "public works" as defined in California Labor Code Section 1720. As to any and all work performed by Flock constituting public works, Flock shall comply with all California Labor Code requirements set forth in Exhibit "D" attached hereto and incorporated by reference herein. 2885630 1 1.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. 1 1..3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction. 11.4 Entire Agreement. This Agreement, together with the Order,Form(s), the reinstall fee schedule (litt s://www,flocksafet .comlreinstall-fee-schedule and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. Customer shall not be bound by the terms of any "click -through" end user license or similar online agreement unless provided to and approved in writing in advance by Customer. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California. The Parties hereto agree that venue would be proper in the Superior Court for the County of Riverside, California, or the U.S. District Court for the Central District, State of 2885630 California. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer's prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 1 1 .8 Publicity. Provided Customer's written consent is first obtained, Flock has the right to reference and use Customer's name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DEAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by 2885630 the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 1 1.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing. 1 1.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise. 1 l .14 Morality. In the event either party or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish the innocent party's reputation, the innocent party shall have the option to terminate this Agreement upon prior written notice to the other. 1 1 .15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. These Terms and Conditions are subject to change upon written agreement of the parties 2885630 EXHIBIT B INSURANCE. REQUIREMENTS Insurance and Indemnity. To the maximum extent permitted by law, Flock shall indemnify, defend, including payment of reasonable attorneys' fees, and hold the Agency, the County of Riverside, and Agency's and County's elected officials, officers, employees, agents, and volunteers, harmless with respect to any and all claims, liabilities, stop notices, damages, and losses, arising out of, related to, or incurred in connection with Flock's performance of Installation Services, whether performed by Flock, Flock employees, any Flock subcontractor, or anyone else acting on Flock's behalf. At all times during the term of this Agreement and while performing Installation Services, Flock shall maintain for the benefit of Flock and the Agency: (a) Workers compensation insurance in such amount as required by California law; (b) Commercial general and automobile liability insurance, each with limits of not less than $2,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage, using an ISO or Accord form acceptable to Agency's Risk Manager; (c) Cyber liability with limits of not less than $2,000,000 per occurrence, providing protection against claims and liabilities arising from: (i) errors and omissions in connection with maintaining security of Agency Data and Non -Agency End User Data; (ii) data breach including theft, destruction, and/or unauthorized use of Agency Data and/or Non -Agency End User Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of Agency Data and/or Non - Agency End User Data. Said policies of insurance shall (i) name the Agency, the County of Riverside, and Agency's and County's elected officials, officers, employees, agents, and volunteers as additional insureds; (ii) be primary and non-contributing to any insurance maintained by the Agency; (iii) waive the right of subrogation; (iv) be issued by an insurer(s) with a Best rating of not less than A:VII; (v) require not less than 30 days' prior notice be given to the Agency prior to any required insurance being cancelled or not renewed; and (vi) be in such form as otherwise required by the Agency's risk manager. Flock shall not commence Installation Services unless and until insurance certificates and required endorsements, evidencing the required insurance, have been provided to Agency. 2885630 EXHIBIT C LABOR CODE COMPLIANCE CALIFORNIA LABOR CODE COMPLIANCE Flock ("Contractor herein") acknowledges that certain work under this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works of the awarding public agency ("City" herein), and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. This contract calls for work that is a public work and requires the payment of prevailing wages for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor pursuant to Section 1771 of the Labor Code. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City 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. These rates are on file with the City Clerk or may be obtained at htto://www.dir.ca.=Gov/ 1-1R ,/DPreWaLieDelerminalion.htm. Copies may be obtained at cost at the City Clerk's office, except when City's City Hall is closed due to a local emergency. Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. In accordance with Labor Code Sections 1725.5 and 1771.1, and except for projects involving construction, alteration, demolition, installation, or repair work of $25,000 or less, or maintenance work of $15,000 or less, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only, pursuant to Labor Code Section 1771.1(a)]. Pursuant to Labor Code Section 1776, Contractor shall maintain and make available an accurate record showing the name of each worker and hours worked each day and each week by each worker employed by Contractor performing services covered by this Agreement. Contractor and its subcontractors shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for 2885630 compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: S ignature "1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- inst ance in accordance with the provisions of that code, and I will comply w 'SUCX before commencing the performance of the work of Date,3:;6__NON�r— L4jZj �. 2023 2885630 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 WRITTEN CONSENT OF THE BOARD OF DIRECTORS FLOCK GROUP INC Under and in accordance with Section 141(f) of the Delaware General Corporation Law (the -'DGCL") the undersigned, constituting all the members of the Board of Directors (the "Board") of Flock Group Inc, a Delaware corporation (the "Company"), and being entitled to vote upon the recitals and resolutions set forth on Annex A hereto, do hereby waive notice of time, place or purpose of a meeting of directors and consent that such recitals and resolutions are deemed to be adopted to the same extent and to have the same force and effect as if such recitals and resolutions were adopted by unanimous vote at a special meeting of the Board duly called and held for the purpose of acting upon proposals to adopt such recitals and resolutions. Dated as of May 19, 2022 DocuSignud by: Garrett Langley CnADocuSEgnod by: Matt Feury DocuSigned by: �.•. nni�awca. Ilya Sukhar FaDocuSigned by: haw Alex Clayton DacuSigned by: N U[+& David Ulevitch EAST\ 191334929.1 DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-13806-BA93067C46F2 ANNEX A TO WRITTEN CONSENT OF THE BOARD OF DIRECTORS FLOCK GROUP INC Amendment to Fifth Amended and Restated Voting Agreement WHEREAS, the Board has determined it is in the best interests of the Company and its stockholders for the Company to enter into the First Amendment to the Fifth Amended and Restated Voting Agreement (the "Voting Agreement") in substantially the form attached hereto as Exhibit A (the "Amendment"); WHEREAS, Section 11.5 of the Voting Agreement provides that the Voting Agreement may be amended only by a written instrument executed by (a) the Company; (b) the holders of a majority of the then outstanding Shares held by the Key Holders (as defined therein) who are either (x) then actively providing services to the Company as officers, employees, consultants or advisors in good standing or (y) Y Combinator Investments, LLC series S17 (the "Requisite Key Holders"); and (c) the holders of at least a majority of the then outstanding shares of Preferred Stock held by the Investors, voting together as a single class on an as converted basis (the "Requisite Investors"); WHEREAS, Section 11.5 of the Voting Agreement provides that the executed Amendment shall be binding upon each of the Stockholders; and NOW, THEREFORE, BE IT RESOLVED, that, pending its execution by the Requisite Key Holders, the Requisite Investors, and the Company, the Amendment is hereby authorized and approved; and FURTHER RESOLVED, that any officer of the Company is hereby authorized, directed and empowered, in the name of the Company, to execute and deliver the Amendment in substantially the form reviewed and approved by the Board, with such changes thereto as the officer(s) executing such documents shall approve, the execution and delivery thereof to be conclusive evidence of such approval. Appointment of Secretary WHEREAS, the Board desires to appoint Mark Smith as the Company's Secretary. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby appoints Mark Smith as the Secretary of the Company, and to hold such office until a successor is duly chose and qualified or until such officer sooner dies, resigns, is removed or becomes disqualified. General Provisions NOW, THEREFORE, BE IT RESOLVED, that any act taken or done by any officer or agent of the Company to facilitate the transactions contemplated by these resolutions is hereby ratified and approved by the Board, and the officers and agents of the Company are authorized to take and to do such further acts and deeds, and to execute and deliver for and in the name of the Company, such other documents, papers and instruments as are necessary, appropriate, advisable or required in order to effectuate the purpose and intent of these resolutions and the taking of any such acts and deeds, and the execution and delivery of any such documents, papers and instruments is hereby ratified and approved by the Board. 2 EAST\191334929.1 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 RESOLVED FURTHER, that this consent may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but all of which together shall be deemed one in the same consent. RESOLVED FURTHER, that this consent, the Stock Purchase Agreement, the Transaction Documents and any other related agreements may be executed by facsimile signature or any other electronic means (including, without limitation, any electronic signature (as contemplated by the Delaware Uniform Electronic Transactions Act)) (collectively, "Electronic Signatures"), and that any of the Electronic Signatures shall have the same effect as original signatures and be effective for all purposes. [Remainder of page intentionally left blank] EAST\ 191334929.1 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 Exhibit A Voting Agreement Amendment EAST\ 191334929.1 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 FLOCK GROUP INC FIRST AMENDMENT TO THE FIFTH AMENDED AND RESTATED VOTING AGREEMENT THIS FIRST AMENDMENT TO THE FIFTH AMENDED AND RESTATED VOTING AGREEMENT (this "Amendment") is made and entered into as of May 19, 2022, by and among (i) Flock Group Inc, a Delaware corporation (the "Company"), (ii) Garrett Langley, (iii) Paige Todd, (iv) Matt Feury (collectively with Garrett Langley and Paige Todd, constituting a Key Holder Majority (as defined below)), (v) A 16Z, (vi) Matrix, and (vii) Meritech (collectively with A16Z and Matrix, constituting a Preferred Majority (as defined below)). This Amendment amends that certain Fifth Amended and Restated Voting Agreement, dated as of January 31, 2022, among the Company, the Investors and the Key Holders (as so amended, the "Voting Agreement'). Capitalized terms used herein without definition shall have the meanings given to them in the Voting Agreement, RECITALS A. The Company desires to increase the size of the board of directors of the Company (the "Board") from a maximum of six (6) to seven (7) directors (or, during any Axon Director Period, from seven (7) to eight (8)) so as to increase the maximum number of Independent Directors that may be elected to the Board from one (1) to two (2). B. In accordance with Subsection 11.5 of the Voting Agreement, the Voting Agreement may be amended only with the consent of (i) the Company, (ii) the holders of a majority of the then outstanding Shares held by the Key Holders who are either (x) then actively providing services to the Company as officers, employees, consultants or advisors in good standing or (y) Y Combinator Investments, LLC Series S17 (collectively, a "Key Holder Majority"), and (iii) the holders of at least a majority of the then outstanding shares of Preferred Stock held by the Investors, voting together on an as converted basis as a single class (collectively, a "Preferred Majority" and together with the Company and the Key Holder Majority, the "Requisite Consent Parties"). AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions set forth in this Amendment, the parties hereto agree as follows: 1. Amendments to Voting Agreement. (i} Section 2.1 is hereby amended and restated in its entirety as follows: "Each Stockholder shall vote, or cause to be voted, at a regular or special meeting of stockholders (or by written consent) all Shares (excluding the Class E-1 Stock) owned by such Stockholder (or as to which such Stockholder has voting power) to ensure that the size of the Board shall be set and remain at seven (7) directors; provided that during any Axon Director Period (as defined below), each Stockholder shall vote or cause to be voted, at a regular or special meeting of stockholders (or by written consent) all Shares owned by such Stockholder (or as to which such Stockholder has voting power) to ensure that the size of the Board shall be set and remain at eight (8) directors." EAST\191334395.1 DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 (ii) Section 2.2(e) is hereby amended such that the instance of the word "seventh" therein shall be deleted and replaced with the word "eighth": (iii) Section 2.2(f) is hereby amended and restated in its entirety as follows: "(f) In any election of directors of the Company, each Stockholder shall vote at any regular or special meeting of stockholders (or by written consent) all shares of Common Stock or Preferred Stock (as applicable, but excluding any shares of Class E-1 Stock) then owned by such Stockholder (or as to which such Stockholder then has voting power) to elect two (2) directors who shall not be affiliated with the Company or any Investor nominated by the Company's Chief Executive Officer and approved unanimously by all other directors of the Company (the "Independent Directors")." 2. Counterparts. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 3. Continuing Effect. Except as specifically amended by this Amendment, the Voting Agreement shall remain in full force and effect and is hereby ratified and confirmed by the parties in all respects. This Amendment and the matters set forth herein shall be governed by the terms and conditions of the Voting Agreement, as amended hereby, which are incorporated by reference into this Amendment. This Amendment shall be construed as one with the Voting Agreement, and the Voting Agreement shall, where the context requires, be read and construed throughout so as to incorporate this Amendment. If there is any conflict between the terms and provisions of this Amendment and the terms and provisions of the Voting Agreement, the terms and provisions of this Amendment shall govern. [Remainder of page intentionally blank.] EAST\ 191334395.1 2 DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. COMPANY: FLOCK GROUP INC WcuS'p by: By: { �. Name: (aarrett'Eangley Title: Chief Executive Officer EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1 F94E8D-6806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. KEY HOLDERS: Garrett Langley oav549,ro b. F Matt Feury Irk BauSynrd b,: I Dye, �� �CCCD�33�1£FBYA3 Paige Todd EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. THE INVESTORS: ANDREESSEN HOROWITZ LSV FUND II, L.P. for itself as nominee for Andreesen Horowitz LSV Fund 11-13, L.P. and Andreesen Horowitz LSV Fund III-Q, L.P. By: AH Equity Partners LSV II, L.L.C. Its: General Partner ❑ocuftned by: off �er By: �221FCOA4CF Name: Scott Kupor Title: Managing Partner Address: 2865 Sand Hill Road, Suite 101 Menlo Park, California 94025 E-Mail: legal@al6z.com EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1 F94HD-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. THE INVESTORS: ANDREESSEN HOROWITZ LSV FUND III, L.P. for itself and as nominee for Andreessen Horowitz LSV Fund III-B, L.P. and AH 2O22 Annual Fund, L.P. By: AH Equity Partners LSV III, L.L.C. Its: General Partner Doe uSigned by: By: 5eV Name: Scott KLipor Title: Chief Operating Officer Address: 2865 Sand Hill Road, Suite 101 Menlo Park, California 94025 E-Mai I : legal@a16z.com EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1 F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. THE INVESTORS: MATRIX PARTNERS XI, L.P. By: Matrix Xl Management Co., L.L.C. Its: General Partner oau5qeda� By: Name: Ilya Sukhar Title: Managing Member WESTON & CO., XI LLC By: Matrix XI Management Co., L.L.C. Its: General Partner �Cacusq..SSd Nr By: nsaeo2r�L Name: Ilya Sukhar Title: Managing Member EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. THE INVESTORS: MERITECH CAPITAL PARTNERS VII L.P. By: Meritech Capital Associates VII L.L.C. Its: General Partner By: IFzl)- (Wa, Name: aXNe'x 1ayton Title: Managing Member Address: 245 Lytton Avenue, Suite 125 Palo Alto, CA 94301 MERITECH CAPITAL AFFILIATES VII L.P. By: Meritech Capital Associates VII L.L.C. Its: General Partner �I.l,� (I qbu, By • 99O122FC410A49F Name: Alex Clayton Title: Managing Member Address: 245 Lytton Avenue, Suite 125 Palo Alto, CA 94301 MERITECH CAPITAL ENTREPRENEURS VII L.P. By: Meritech Capital Associates VIE L.L.C. Its: General Partner ppcuSlp.0 b, By; eliR feu, Name: A ex" ayton Title: Managing Member Address: 245 Lytton Avenue, Suite 125 Palo Alto, CA 94301 EAST\ 191334395.1 DocuSign Envelope ID: EDE9F64A-F1F9-4E8D-B806-BA93067C46F2 IN WITNESS WHEREOF, the parties have executed this First Amendment to the Fifth Amended and Restated Voting Agreement as of the date first above written. THE INVESTORS: MERITECH FRANCHISE FUND L.P. By: Meritech Franchise Associates L.L.C. Its: General Partner By:_�oosq..a ar. I��ayfow Name: B9ex` day ton Title: Managing Member Address: 245 Lytton Avenue, Suite 125 Palo Alto, CA 94301 MERITECH FRANCHISE AFFILIATES L.P. By: Meritech Franchise Associates L.L.C. Its: General Partner oacsgn.a er: By.'(lafav+ T Name: Alex Clayton Title: Managing Member Address: 245 Lytton Avenue, Suite 125 Palo Alto, CA 94301 EAST\191334395.1 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: December 12, 2023 SUBJECT: Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee PREPARED BY: Matt Peters, Assistant Director of Community Development RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE BACKGROUND: The City of Temecula has one board (1) Old Town Local Review Board, and four commissions — (1) Community Services Commission, (2) Planning Commission, (3) Race, Equity, Diversity and Inclusion Commission, and (4) Traffic Safety Commission. The City Council has the power to establish certain boards and commissions as it deems necessary pursuant to Chapter 2.40 of the Temecula Municipal Code, and as specified in the Old Town Specific Plan. All boards and commissions serve in an advisory capacity to the City Council, while the Planning Commission also serves as a statutory body over certain land use decisions. On September 26, 2023, the City Council considered a proposal to reorganize the Old Town Local Review Board to meet new challenges and to take advantage of current opportunities related to grant funding and economic development. Currently, the Old Town Local Review Board has the following assigned duties as outlined in the Old Town Specific Plan: • Review and comment on all Level II projects; • Review and approve any Finding of Historic Appropriateness; • Review and comment on any requests to modify, alter any historic structure or building; and • Serve as an advisory resource to all agencies of the City in matters pertaining to the Temecula Local Historic District. The attached resolution reconstituting the Old Town Local Review Board would change the name to the Old Town Local Advisory Committee, and add the following assigned duties: (a) Members of the Committee are stakeholders in Old Town. They will each bring to the Committee important perspectives, experience and wisdom with respect to the development and maintenance of Old Town. The purpose of the Committee it to provide a forum for these stakeholders to examine issues related to Old Town and to provide their comments and recommendations to the Planning Commission and City Council who will then independently review the comments and recommendations pursuant to their legislative and adjudicative authority. (b) The role of the Committee shall only be advisory to the Planning Commission and City Council, providing comments and recommendations on all matters affecting Old Town from their special perspectives. The Committee shall have no decision -making authority with legislative and adjudicative authority remaining with the Planning Commission and City Council. Their recommendations are not binding on the Planning Commission and City Council and are subject to substantive review by the Planning Commission and City Council. The Committee does not make or compel governmental decisions through any initiative or voting powers. As such, the members of the Committee are not agency officials within the meaning of Section 82004 of the Government Code and Sections 18704 and 18700(c)(2) of the Fair Political Practice Commission Regulations because the role of the Committee is solely advisory, members of the Committee have no decision making authority, and the comments or recommendations they provide will be independently reviewed and acted upon by the Planning Commission and City Council which are the legislative bodies have legislative and adjudicative decision making authority with respect to matters in Old Town. Therefore, members of the Committee are not required to file Economic Disclosure Forms (Form 700) and are not subject to the conflicts of interest provisions of the Political Reform Act, Government Code Sections 81000 et seq. (c) The Committee shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and provide comments and recommendations. The Committee shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. (d) The Committee shall provide advice and recommendations to the Planning Commission and City Council with respect to the following matters in Old Town: 1) Matters pertaining to the Old Town Specific Plan, including: a) Proposed Level II projects. b) Proposed Findings of Historic Appropriateness. c) Requests to modify, alter any historic structure or building. d) Temecula Local Historic District. e) Historical and cultural preservation in Old Town. f) Architectural and development standards for projects in Old Town. 2) Special Events and Road Closure Review 3) Parking Management, including parking districts. 4) Recommendations for use of potential Parking District Revenue. 5) Oversight of Grant of Loan programs utilizing Parking Revenues. 6) Old Town Infrastructure. 7) Proposals for Studies of Old Town. 8) Marketing of Old Town. 9) Old Town Comprehensive Signage. 10) Old Town Conflict Resolution. 11) Capital Improvement Plan projects proposed for the Old Town area (prior to budget adoption). 12) Comprehensive economic development strategy for Old Town Term of Office. Terms of office for the Old Town Local Advisory Committee members shall be three (3) years with staggered terms. At the completion of any term, a Committee member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Removal and Vacancies. Members of the Old Town Local Advisory Committee shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050 and Section 3 of this Resolution. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Committee. Vacancies shall be filled pursuant to 2.40.070. Standing Committee seats reserved for Temecula Valley Chamber of Commerce, Visit Temecula Valley, Old Town Temecula Merchants Association, and Temecula Valley Historic Society shall be filled by a Committee member or employee representative proposed by each organization. If an any seat is left vacant for any reason, the City Council may fill that seat with an additional Temecula resident at -large. Time and Place of Meeting. The Committee shall meet regularly as may be appropriate or necessary for the orderly conduct of its business. Meetings of the Committee shall be open to the public and governed by the California Open Meetings Act (the Brown Act). Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the Committee similar to that of other Committees, committees, and commissions within the City. Transfer of Determinations and Approvals. The City Council hereby transfers the duties of the Old Town Local Review Board relating to determinations and approvals assigned to it by the Old Town Specific Plan to the Planning Commission. Old Town Local Review Board Abolished. The "Old Town Local Review Board" established by the Old Town Specific Plan is hereby abolished, provided, however, that nothing herein shall affect decisions previously made by such Board. FISCAL IMPACT: None ATTACHMENTS: Resolution RESOLUTION NO.2023- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Old Town Local Advisory Committee Established. Pursuant to Chapter 2.40 of the Temecula Municipal Code, there is hereby established the "Old Town Local Advisory Committee" ("Committee"). Section 2. Composition and Membership. The Committee shall consist of seven (7) members appointed by the City Council to the following seats on the Committee: (a) Four (4) of the Committee seats shall be reserved for one representative from each of the following organizations: 1) Temecula Valley Chamber of Commerce; 2) Visit Temecula Valley; 3) Old Town Temecula Merchants Association; and 4) Temecula Valley Historic Society. (b) One (1) of the Committee seats shall be reserved for an owner of land within the Old Town Specific Plan area. (c) One (1) of the Committee seats shall be reserved for a licensed architect. (d) One (1) of the Committee seats shall be reserved for a Temecula resident at -large. Section 3. Role and Purpose. (a) Members of the Committee are stakeholders in Old Town. They will each bring to the Committee important perspectives, experience and wisdom with respect to the development and maintenance of Old Town. The purpose of the Committee it to provide a forum for these stakeholders to examine issues related to Old Town and to provide their comments and recommendations to the Planning Commission and City Council who will then independently review the comments and recommendations pursuant to their legislative and adjudicative authority. (b) The role of the Committee shall only be advisory to the Planning Commission and City Council, providing comments and recommendations on all matters affecting Old Town from their special perspectives. The Committee shall have no decision -making authority with legislative and adjudicative authority remaining with the Planning Commission and City Council. Their recommendations are not binding on the Planning Commission and City Council and are subject to substantive review by the Planning Commission and City Council. The Committee does not make or compel governmental decisions through any initiative or voting powers. As such, the members of the Committee are not agency officials within the meaning of Section 82004 of the Government Code and Sections 18704 and 18700(c)(2) of the Fair Political Practice Commission Regulations because the role of the Committee is solely advisory, members of the Committee have no decision making authority, and the comments or recommendations they provide will be independently reviewed and acted upon by the Planning Commission and City Council which are the legislative bodies have legislative and adjudicative decision making authority with respect to matters in Old Town. Therefore, members of the Committee are not required to file Economic Disclosure Forms (Form 700) and are not subject to the conflicts of interest provisions of the Political Reform Act, Government Code Sections 81000 et seq. (c) The Committee shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and provide comments and recommendations. The Committee shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. (d) The Committee shall provide advice and recommendations to the Planning Commission and City Council with respect to the following matters in Old Town: 1) Matters pertaining to the Old Town Specific Plan, including: a) Proposed Level II projects. b) Proposed Findings of Historic Appropriateness. c) Requests to modify, alter any historic structure or building. d) Temecula Local Historic District. e) Historical and cultural preservation in Old Town. f) Architectural and development standards for projects in Old Town. 2) Special Events and Road Closure Review 3) Parking Management, including parking districts. 4) Recommendations for use of potential Parking District Revenue. 5) Oversight of Grant of Loan programs utilizing Parking Revenues. 6) Old Town Infrastructure. 7) Proposals for Studies of Old Town. 8) Marketing of Old Town. 9) Old Town Comprehensive Signage. 10) Old Town Conflict Resolution. 11) Capital Improvement Plan projects proposed for the Old Town area (prior to budget adoption). 12) Comprehensive economic development strategy for Old Town Section 4. Term of Office. Terms of office for the Old Town Local Advisory Committee members shall be three (3) years with staggered terms. At the completion of any term, a Committee member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 5. Removal and Vacancies. (a) Members of the Old Town Local Advisory Committee shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050 and Section 3 of this Resolution. (b) No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Committee. Vacancies shall be filled pursuant to 2.40.070. (c) Standing Committee seats reserved for Temecula Valley Chamber of Commerce, Visit Temecula Valley, Old Town Temecula Merchants Association, and Temecula Valley Historic Society shall be filled by a Committee member or employee representative proposed by each organization. If an any seat is left vacant for any reason, the City Council may fill that seat with an additional Temecula resident at -large. Section 6. Time and Place of Meeting. The Committee shall meet regularly as may be appropriate or necessary for the orderly conduct of its business. Meetings of the Committee shall be open to the public and governed by the California Open Meetings Act (the Brown Act). Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the Committee similar to that of other Committees, committees, and commissions within the City. Section 8. Transfer of Determinations and Approvals. The City Council hereby transfers the duties of the Old Town Local Review Board relating to determinations and approvals assigned to it by the Old Town Specific Plan to the Planning Commission. Section 9. Old Town Local Review Board Abolished. The "Old Town Local Review Board" established by the Old Town Specific Plan is hereby abolished, provided, however, that nothing herein shall affect decisions previously made by such Board. Section 10. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of December, 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk 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 12th day of December, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 19 CITY COUNCIL / TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: City Manager/Executive Director and City Council/Board of Directors FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: December 12, 2023 SUBJECT: Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council/Board of Directors: 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and 2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024. BACKGROUND: The City Council and Board of Directors appoint members to serve as Mayor, Mayor Pro Tempore, President and Vice President annually. These appointments are effective January 1, 2024. The newly appointed Mayor, Mayor Pro Tempore, President and Vice President will preside through calendar year 2024. FISCAL IMPACT: None ATTACHMENTS: None REQUEST TO SPEAK FORMS AND ELECTRONIC SUMBITTED PUBLIC COMMENTS REQUEST TO SPEAK CITY OF TEMECULA 1989 otj Date: Public Comment: Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �,"W WWW4-Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk 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: ISM T �'� 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 iUxv r Z�� Date:Z/_ V Public Comment: Non -Agenda Item: ❑ Agenda Item: Future Agenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: 2, E.'j 5S 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 19tf9 Date: Public Comment: Non -Agenda Item: ❑ Agenda Item:❑ Future Agenda Item: ❑ Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ',7 �^ Name: 3—a r f S l riser Phone Number: Address: � Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: Public Comment: Non -Agenda Item ElA Agenda Item: Future Agenda Item: El9 9 9 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: f �''k ASS Phone Number: 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 G989 Date: Z (z 23 Public Comment: Non -Agenda Item: ❑ Agenda Item:JO/ Future Agenda Item: ❑ Item Description or Item No. �� �� ❑ (i 4'k_&Vx Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: I ^YES 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 Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: ❑ Item Description or Item No. Cc- �l S �G rn 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. / 1 Name: C (> h _-, 4 G 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 Date: / -0 ` Public Comment: Non -Agenda Item: D 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: l/✓� ��,yt l?/I'S�pp 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. Ali information provided is optional. J0 ® REQUEST TO SPEAK CITY OF TEMECULA Date:d- Public Comment: Non -Agenda Item: ❑ Agenda Item: x 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: :�s C:�W'e' Phone Number Address Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK ,a CITY OF TEMECULA AAA i ivxy Date: Public Comment: Non -Agenda Item: Agenda Item Future Agenda Item: Item Description or Item No. 1-7 Q 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 s aker is called to speak, please come forward to the podium and state your name for the record. 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 �� 1 1989 G,/ Date: I w Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: El Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the reqprd.VjAk— ' 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 -z� Date: 1 Z 112 J 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: ODCk C1 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: Public comment for tonight's meeting From: Greg Langworthy < Sent: Tuesday, December 12, 2023 12:19 PM To: Luisa Tovar <luisa.tovar@temeculaca.eov> Subject: Public comment for tonight's meeting CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Luisa, I cannot be at tonight's meeting, so I would like to have my public comment read if possible concerning the proposed installation of surveillance cameras. Thank you for your help, Greg Langworthy Dear Temecula City Council, l am concerned about the Constitutionality of the proposed additional surveillance cameras to be installed in Temecula: your duty is to uphold our Constitution as the Supreme law of our nation. Government actions are constrained by the limits defined in our Constitution. The purpose of govemment is to protect or "secure" the God-given rights of the citizens. Our fourth amendment specifically limits the surveillance actions of our government agencies. The amendment states, "The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describe the place to be searched, and the persons or things to be seized. " Surveillance cameras are valuable tools for private citizens. Many citizens use them to protect their private property choosing to purchase them with their own funds. However, the government is not allowed to search or surveil private citizens unless a judge has determined they have probable cause to do so. For example, l am free to search or surveil my own home and property, but / am not free to search or surveil my neighbor's home without his permission. The government is similarly constrained from searching or spying without specific cause and permission from a judge. The fourth amendment puts clear limits on the government's ability to search people who are not suspected of having committed a crime. Use of these government cameras is similar to the use of a general warrant allowing the government to search whoever it wishes without establishing probable cause. The information gathered on innocent citizens could later be used by the govemment to target political opponents. Governments are tempted to use taxpayer money to target their political opponents, and the use of taxpayer- funded surveillance equipment is one means of doing just that. The recent unwarranted searches by the F81 on the Trump campaign before and after the 2016 election has given us a clear picture of the danger of allowing our government to go beyond the limits placed upon it by our Constitution. Sincerely, Greg Langworthy Subject: FW: Flock Systems #17 From: JOHN LEONARD < Sent: Tuesday, December 12, 2023 3:56 PM To: Curtis Brown <curtis.brown @TemeculaCA.gov>; Jessica Alexander <Jessica.Alexander@TemeculaCA.gov> Cc: Council Assistant <council.assistant@temeculaca.gov> Subject: Flock Systems #17 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. Honorable Council Members. I am writing to urge you not to increase the number of Flock cameras already in use within city limits. Although I certainly understand the temptation to install them with the intentions of blunting crime and preserving public safety, this decision should be carefully balanced with the citizens right of due process and privacy. Fighting crime and increasing public safety are admirable and necessary functions of good governance. Due process and privacy, however are Constitutionally guaranteed Rights. You have taken an oath to protect and defend those Rights several times. There is ample opinion, both private and legal to allow one to justify adding to these units. The expanding "police state" however, is a very real and present danger. Witness the scores of so called J6r's languishing... some of them valley residents. Humans will be running or writing code controlling these systems and therein lies the danger. Long after you and I are long gone these systems will remain. Will they be abused? Almost certainly they will. I urge you to leave well enough alone with what we have now. It was James Madison who wrote in part; paraphrased: If Men were angels, no government would be necessary. If angels were to govern men, no controls on government would be necessary. A government administered by men over men... the great difficulty lies in this: you must first enable the government... to control itself." Sincerely, John Leonard Subject: FW: Flock Systems #17 From: JOHN LEONARD < Sent: Tuesday, December 12, 2023 3:57 PM To: Zak Schwank <Zak.Schwank@temeculaca.gov> Cc: Council Assistant <council.assistant@temeculaca.gov> Subject: Flock Systems #17 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 Mayor Schwank. I am writing to urge you not to increase the number of Flock cameras already in use within city limits. Although I certainly understand the temptation to install them with the intentions of blunting crime and preserving public safety, this decision should be carefully balanced with the citizens right of due process and privacy. Fighting crime and increasing public safety are admirable and necessary functions of good governance. Due process and privacy, however are Constitutionally guaranteed. You have taken an oath to protect and defend those rights several times. There is ample opinion, both private and legal to allow one to justify adding to these units. The expanding "police state" however, is a very real and present danger. Witness the scores of so called J6r's languishing... some of them valley residents. Humans will be running or writing code controlling these systems and there lies the danger. Long after you and I are long gone these systems will remain. Will they be abused? Almost certainly they will. I urge you to leave well enough alone with what we have now. It was James Madison who wrote in part; paraphrased: If Men were angels, no government would be necessary. If angels were to govern men, no controls on government would be necessary. A government administered by men over men... the great difficulty lies in this: you must first enable the government... to control itself." Sincerely, John Leonard Subject: FW: Oppose FLOCK System From: Stacey Brown <stacey.brown @temeculaca.gov> Sent: Tuesday, December 12, 2023 4:00 PM To: James Stewart <James.Stewart@TemeculaCA.gov> Cc: Council Assistant <council.assistant@temeculaca.gov> Subject: Oppose FLOCK System Chris Bout, 24 year Temecula resident, calling to urge you to oppose the FLOCK system. Phone: Stacey Brown Senior Office Specialist City of Temecula (951)694-6413 stacey. brow n aTe m ecu la CA. q ov 41000 Main St., Temecula, CA 92590 .r i The Heart of southern Ca6fo' Wine Cent- , Please note that email correspondence with the City of Temecula, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. Subject: FW: Agenda Business Item #17 (Page 14) From: Stephanie Dawson < Sent: Tuesday, December 12, 2023 4:49 PM To: Council Comments<CouncilComments@TemeculaCA.gov> Subject: Agenda Business Item #17 (Page 14) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Evening Council, Although I do intend to be present at tonight's meeting, I will not be able to stay for long so in the event I have to leave before public comments for this item begin, here is the comment I have prepared: Good evening council members. I am here to state my opposition for the proposal to add surveillance cameras to our city. I spoke to members of our community who couldn't be here today but we are in agreement that the intended benefit to add more surveillance does not outweigh the risks. This unnecessary video surveillance in our community will not be very effective in deterring the bad guy but it does open the door to a slew of problems and concerns. Although we might not witness the repercussions of increasing city surveillance immediately, it is almost inevitable that at one point or another, such a surveillance system could be abused either at an institutional level, a personal level, or at a criminal level. Another concern is the chilling effect that video monitoring could have on society. In other words, video monitoring could affect or deter citizens from exercising basic rights such as our freedom of speech which is guaranteed by our first amendment. All in all, increasing video surveillance in our city comes with far too many risks. I ask you council members here today, to please closely evaluate whether the risks are worth the feeling of safety that these cameras are meant to bring. You will find that the risks largely outweigh the intended benefits. Thank you, Stephanie Dawson Subject: FW: Public comment re: Flock camera's & code enforcement From: Cindy Kennedy < Sent: Tuesday, December 12, 2023 5:02 PM To: Jessica Alexander <Jessica.Alexander@TemeculaCA.gov>; James Stewart <James.Stewart@TemeculaCA.gov>; Curtis Brown <curtis.brown @TemeculaCA.gov>; Zak Schwank <Zak.Schwank@temeculaca.gov>; Brenden Kalfus <brenden.kalfus@TemeculaCA.gov>; Aaron Adams <aaron.adams@temeculaca.gov> Subject: Public comment re: Flock camera's & code enforcement 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 Councilmembers, I am writing as a longtime Temecula resident to express my opposition to adding anymore Chinese spy (aka: Flock) cameras to our city. Given the lack of prosecution for any of these crimes ... what is the point? I feel like this money could be better spent on cleaning up our town from homeless encampments, graffiti, shopping carts all over the place, lack of code enforcement from local shopping center owners etc... It seems as if the majority of this council/city management cares about is Old Town and tourism. The shopping centers off Ynez (Target & Tower Plaza) are an embarrassment. These centers are run down and full of vagrants. Our small town is starting to look more like a big city everyday ... sad. Maybe take a field trip and look at Poway, Carlsbad, So. Orange County etc... to learn how to better manage our city. I remember when Stew ran for re- election that he even commented on lack of code enforcement. What happened to that campaign promise? Sincerely, Cindy Kennedy Temecula, CA