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031020 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 10, 2020 - 7:00 PM CLOSED SESSION - 6:00 P.M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding two parcels of real property owned by the City of Temecula, as successor to the assets of the Redevelopment Agency of the City of Temecula (APN Nos: 922-360-006 and 922-360-007) located on Main Street at Mercedes Street in the City of Temecula. The parties to the negotiations for the potential lease and/or license of the property are: Marketplace Old Town, LLC (Truax Development) and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, and Luke Watson. Under negotiation are price and terms for the lease and/or license of the property. CALL TO ORDER: Mayor James Stewart PRELUDE MUSIC: Claire Maxey INVOCATION: TBD FLAG SALUTE: Council Member Mike Naggar ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS - NONE PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. On those items, each speaker is limited to five minutes. Page 1 City Council Agenda March 10, 2020 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. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. Attachments: Agenda Report 2. Approve Action Minutes of February 25, 2020 3. 4. Recommendation Attachments That the City Council approve the action minutes of February 25, 2020. Minutes Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Adopt Ordinance 2020-02 Amending the 2019 California Building Code ode (Second Reading) Recommendation That the City Council adopt an ordinance entitled: ORDINANCE NO.2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MANDATORY SWIMMING POOL SAFETY FEATURE BY REQUIRING AN APPROVED SWIMMING POOL ENCLOSURE FOR CERTAIN RESIDENTIAL SWIMMING Page 2 City Council Agenda March 10, 2020 5. 6. 7. 8. POOLS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE Attachments: Agenda Report Ordinance Approve Sponsorship Agreement with Reality, Inc. for the 2020 Reality Rally At the Request of Subcommittee Members Mayor Stewart and Mayor Pro Tempore Edwards) Recommendation: That the City Council approve the Sponsorship Agreement with Reality Rally, Inc. for in -kind support valued at $3,900 for City support and $11,415 for promotional services for the 2020 Reality Rally. Attachments: Agenda Report Agreement Approve Sponsorship Agreement with JDS Creative Academy for the 2020 Digifest Temecula (At the Request of Subcommittee Members Mayor Stewart and Mayor Pro Tempore Edwards) Recommendation: That the City Council approve the Sponsorship Agreement with JDS Creative Academy for City in -kind staff and facility support of the 2020 Digifest Temecula. Attachments: Agenda Report Agreement Approve License Agreement with the Temecula Valley Unified School District for the Use of City Real Property for Contractor Storage Yard Recommendation: That the City Council approve a License Agreement with the Temecula Valley Unified School District for the Use of City Real Property for Contractor Storage Yard. Attachments: Agenda Report Agreement Approve the Extension of Joint Use Agreements with the Temecula Valley Unified School District for Temecula Elementary School and Chaparral High School Recommendation: That the City Council: 1. Approve the Fifth Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School; and 2. Approve the Second Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Chaparral High School (Aquatic Facility). Page 3 City Council Agenda March 10, 2020 Attachments: Agenda Report Amendment - Temecula Elementary School Amendment - Chaparral High School 9. Accept Improvements and File Notice of Completion for Pavement Rehabilitation Program Citywide - Moraga Road, Yukon Road and La Serena Way, PW 19-06 Recommendation: That the City Council: 1. Accept the improvements for the Pavement Rehabilitation Program Citywide - Moraga Road, Yukon Road and La Serena Way, PW 19-06, as complete; 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; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Affidavit and Final Release 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 THE TEMECULA PUBLIC FINANCING AUTHORITY Page 4 City Council Agenda March 10, 2020 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS 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 or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 10. Approve Action Minutes of February 25, 2020 Recommendation: That the Board of Directors approve the action minutes of February 25, 2020. Attachments: Minutes 11. Approve the Extension of Joint Use Agreements with the Temecula Valley Unified School District for Temecula Middle School and James L. Day Middle School Recommendation: That the City Council: 1. Approve the First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track; and 2. Approve the First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of a Portion of James L. Day Middle School. Attachments: Agenda Report Amendment - Temecula Middle School Amendment - James L. Day Middle School Page 5 City Council Agenda March 10, 2020 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, March 24, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 6 City Council Agenda March 10, 2020 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chairperson James Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS 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 or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. 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. 12. Approve Action Minutes of February 25, 2020 Recommendation: That the Board of Directors approve the action minutes of February 25, 2020. Attachments: Minutes 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, March 24, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda March 10, 2020 TEMECULA HOUSING AUTHORITY - NO MEETING JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER: Chairperson James Sewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart TPFA PUBLIC COMMENT 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 or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. 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. 13. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Heirloom Farms Development Recommendation: That the City Council/Board of Directors approve the deposit agreement and initiate the Community Facilities District (CFD) formation proceedings related to the Heirloom Farms Development and adopt resolutions entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - HEIRLOOM FARMS 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 - HEIRLOOM FARMS Page 8 City Council Agenda March 10, 2020 Attachments: Agenda Report Council Resolution TPFA Resolution Agreement TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, March 24, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 9 City Council Agenda March 10, 2020 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 the project(s) at the time of the hearing. If you challenge any of the project(s) 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. 14. Introduce an Ordinance Amending Title 17 and Title 18 of the Temecula Municipal Code Related to Small Cell Wireless Facilities Located Within the Public Right -Of -Way and Adopt Resolution Regarding an Updated Policy for Small Wireless Facilities in the Public Right -of -Way (Long Range Planning_ Application Number LR19-0498) Recommendation That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN UPDATED POLICY FOR IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY Attachments: Agenda Report Ordinance Resolution City Council Policy - Small Wireless Facilities Planning Commission Staff Report Planning Commission Resolution No. 2020-01 Page 10 City Council Agenda March 10, 2020 BUSINESS 15. Receive and File Homeless Outreach Program Annual Update Recommendation: That the City Council receive and file the homeless outreach program annual update. Attachments: Agenda Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, March 24, 2020, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 11 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 10, 2020 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 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. Unless otherwise required, the full reading of the text of standard 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 FEBRUARY 25, 2020 - 7:00 PM CLOSED SESSION - 6:30 PM CONFERENCE WITH LEGAL COUNSEL —PENDING LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Miranda Wellons v. City of Temecula, Riverside County Superior Court Case No. MCC 1600850. CALL TO ORDER at 7:00 PM: Mayor James Stewart PRELUDE MUSIC: Lucas Lu and Trinidy Lu INVOCATION: Pastor Ricardo Velarde of Reliance Church FLAG SALUTE: Boy Scout Troop 148 ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart PRESENTATIONS/PROCLAMATIONS Presentation from Roger Alfaro of Eide Bailly, LLP, Regarding the Annual CAFR Report PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Kathryn Sizemore • Electra Demos CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Rahn, Second by Schwank. The vote reflected unanimous approval. 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2. Approve Action Minutes of February 11, 2020 3. 4. Recommendation: That the City Council approve the action minutes of February 11, 2020. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2020-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Approve Financial Statements for 1st Quarter Ended September 30, 2019 Recommendation: That the City Council: 1. Receive and file the Financial Statements for the 1 st Quarter Ended September 30, 2019. 2. Defer $3,135,000 in Construction and $165,000 in Construction Engineering budget for the Ynez Road Improvement Capital Project from Fiscal Year 2019-20 to 2020-21, to correct an erroneous budgeting error and align the budget in the year when activity is anticipated to begin. 3. Defer $8,700,000 in Construction and $232,796 in Construction Engineering budget for the Nicolas Road Extension and Improvements Capital Project from Fiscal Year 2019-20 to 2020-21, to correct an erroneous budgeting error and align the budget in the year when activity is anticipated to begin. 5. Approve the Design -Build Documents, Approve the List of Prequalifed Bidders, and Authorize the Solicitation of Design -Build Proposals for the Margarita Recreation Center Project, PW17-21 Recommendation: That the City Council: 1. Approve the design -build documents for the Margarita Recreation Center project, PW17-21; A. Schematic Floor Plan B. Performance Criteria C. Bridging Documents 2. Approve the list of prequalified firms; 3. Authorize the Department of Public Works to solicit proposals for design -build services from the list of prequalified bidders for the Margarita Recreation Center Project, PW17-21. 6. Approve Term Sheet with United States Department of Transportation for French ValleX Parkway/I-15 Improvements - Phase II, PW16-01 7. 8. J Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2020-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A TERM SHEET UNDER THE FISCAL YEAR 2019 INFRA PROGRAM BETWEEN THE UNITED STATES DEPARTMENT OF TRANSPORTATION AND THE CITY OF TEMECULA FOR THE FRENCH VALLEY PARKWAY / INTERSTATE 15 IMPROVEMENTS - PHASE II Approve Joint Use Agreement with Rancho California Water District for Water Facilities Relocation at Temecula Parkwav and Old Town Front Street Recommendation: That the City Council approve a Joint Use Agreement with Rancho California Water District for its water facilities relocated to Temecula Parkway and Old Town Front Street, necessitated by the Interstate- 15/State Route 79 South Ultimate Interchange Project, PW04-08. Approve Memorandum of Understanding (MOU) for Santa Margarita River Estuary Monitoring and Assessment Program Recommendation: That the City Council: 1. Approve the Memorandum of Understanding (MOU) between the Commanding General, MCIWEST-MCB CAMPEN, the cities of Murrieta, Temecula, and Wildomar, the counties of San Diego and Riverside, and the Riverside County Flood Control and Water Conservation District; and 2. Authorize City Manager to execute the MOU on behalf of City of Temecula. Approve Tract Map 37341 (Located on East Side of Butterfield Stage Road Between Calle Chapos and Murrieta Hot Springs) Recommendation: That the City Council: 1. Approve Tract Map 37341 in conformance with the Conditions of Approval; 2. Approve the Subdivision Improvement and Monumentation Agreements with the developer; 3. Authorize the City Manager to execute the agreements on behalf of the City. 10. Accept Improvements and File the Notice of Completion for Community Recreation Center Pool Site Enhancements and Renovations, PW 18-02 Recommendation: That the City Council: 1. Accept the improvements for the Community Recreation Center Pool Site Enhancements and Renovations, PW 18-02, as complete; 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; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 11. Receive and File Temporary Street Closures for 2020 Springfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2020 Springfest events: Temecula Vegan Festival, Temecula Blues Festival, Taste of Temecula, Rod Run, Community Services Expo, Reality Rally, A Tribute to Heroes, Art & Street Painting Festival. RECESS: At 7:21 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency to the Temecula Redevelopment Agency. At 7:25 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 16. Adopt Amendment to the 2019 California Building Code Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MANDATORY SWIMMING POOL SAFETY FEATURE BY REQUIRING AN APPROVED SWIMMING POOL ENCLOSURE FOR CERTAIN RESIDENTIAL SWIMMING POOLS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE Approved the Staff Recommendation (5-0): Motion by Naggar, Second by Edwards. The vote reflected unanimous approval. 4 JOINT MEETING OF CITY COUNCIL / TEMECULA COMMUNITY SERVICES DISTRICT CALL TO ORDER at 7:32 PM: Mayor James Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart COUNCIL / CSD CONSENT CALENDAR 17. Approve Fiscal Year 2019-20 Mid -Year Budget Adjustments Recommendation: That the City Council/TCSD Board of Directors adopt the following resolutions entitled: RESOLUTION NO. 2020-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2019-20 ANNUAL OPERATING BUDGET RESOLUTION NO. CSD 2020-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 2019-20 ANNUAL OPERATING BUDGETS 1 MWM1jK$WK4101 1X1]M1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAPITAL IMPROVEMENT PROGRAM FISCAL YEARS 2020-24 AND AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2019-20 Approved the Staff Recommendation (5-0): Motion by Schwank, Second by Rahn. The vote reflected unanimous approval. DEPARTMENTAL REPORTS 18. Community Development Department Monthly Report — Receive and file only. 19. Fire Department Monthly Report — Receive and file only. 20. Police Department Monthly Report — Receive and file only. 21. Public Works Department Monthly Report — Receive and file only. COMMISSION REPORTS PUBLIC SAFETY REPORT 5 CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated that in closed session, the City Council agreed to settle the case of Wellons v City of Temecula. Plaintiff agreed not to pursue the case further to California Supreme Court and City agreed to waive recovery of City's court costs. ADJOURNMENT At 7:38 PM, the City Council meeting was formally adjourned to Tuesday, March 10, 2020, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, 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: March 10, 2020 SUBJECT: Approve the List of Demands PREPARED BY: Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO.2020- 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.2020- 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 $10,822,895.56 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Oth day of March, 2020. James Stewart, 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. 2020- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Oth day of March, 2020, 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 02/13/2020 TOTAL CHECK RUN: 02/20/2020 TOTAL CHECK RUN: 02/20/2020 TOTAL PAYROLL RUN: $ 7,651,250.00 2,653,113.23 518,532.33 TOTAL LIST OF DEMANDS FOR 3/10/2020 COUNCIL MEETING: $ 10,822,895.56 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,340,367.64 125 PEG PUBLIC EDUCATION & GOVERNMENT 349.00 140 COMMUNITY DEV BLOCK GRANT 32,437.01 165 AFFORDABLE HOUSING 3,844.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 189,125.13 192 TCSD SERVICE LEVEL B STREET LIGHTS 64,536.98 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 4,175,915.06 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 2,756.83 197 TEMECULA LIBRARY FUND 60,762.63 210 CAPITAL IMPROVEMENT PROJECTS FUND 433,741.46 300 INSURANCE FUND 3,017.45 305 WORKERS' COMPENSATION 357.85 310 VEHICLE AND EQUIPMENT FUND 228,935.80 320 INFORMATION TECHNOLOGY 47,582.41 325 TECHNOLOGY REPLACEMENT FUND 47,280.10 330 CENTRAL SERVICES 9,451.32 340 FACILITIES 42,926.35 380 SARDA DEBT SERVICE FUND 1,595,640.63 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 66.73 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 66.78 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 66.78 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 77.22 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 66.78 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 87.74 478 CFD 16-01 RORIPAUGH PHASE II 66.78 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.01 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 11.29 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 0.26 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 2.28 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 11.29 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 17.06 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 11.29 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,697.14 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.87 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4.52 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1.43 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 642.15 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 2,507.66 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 3.43 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 2.85 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 382.59 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.26 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,749.01 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 119.46 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 14,192.95 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 124.58 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 2.01 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 3.12 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 67.77 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 22.05 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 33.69 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 78.02 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 112.57 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 35.16 $ 10,304,363.23 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 313,062.52 140 COMMUNITY DEV BLOCK GRANT 680.29 165 AFFORDABLE HOUSING 5,256.98 190 TEMECULA COMMUNITY SERVICES DISTRICT 141,501.52 192 TCSD SERVICE LEVEL B STREET LIGHTS 592.22 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,147.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 727.88 197 TEMECULA LIBRARY FUND 2,434.16 300 INSURANCE FUND 998.57 305 WORKERS' COMPENSATION 717.22 320 INFORMATION TECHNOLOGY 36,841.16 330 CENTRAL SERVICES 4,522.29 340 FACILITIES 7,529.15 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 99.55 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 99.49 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 99.49 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 124.86 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 99.49 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 150.19 478 CFD 16-01 RORIPAUGH PHASE II 99.49 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 0.90 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREI 25.55 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLAN 0.79 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 5.10 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 25.55 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUP 13.06 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 25.55 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 303.97 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.29 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.22 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 3.83 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 111.31 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELC 25.55 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOME 7.92 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE 6.95 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 27.88 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.79 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 106.87 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 80.50 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 188.93 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 289.49 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 5.36 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 7.18 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 153.53 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 50.31 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADIT] 1.58 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 7.18 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 255.31 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRJ 5.36 TOTAL BY FUND: 518,532.33 $ 10,822,895.56 apChkLst Final Check List Page: 1 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor Description Amount Paid Check Total 8022 1/23/2020 006887 UNION BANK OF CALIFORNIA 020886 NETFLIX.COM KH MONTHLY CHARGE FOR SVC: CRC 8.99 TEEN ROOM 007788 COST PLUS WORLD MARKET KH RFRSHMNTS: CHRISTMAS 163.52 AROUND THE WORLD 007051 RALPHS KH RFRSHMNTS: BREAKFAST WITH 533.82 SANTA 017878 CALFEST KH CONF REGIST: COURTS, T. 225.00 017878 CALFEST KH CONF REGISTRATION & 1,980.00 MEMBERSHIP 017878 CALFEST KH CONF REGIST & MEMBERSHIP: 780.00 TCSD 020249 LAUND3R.COM LLC KH LAUNDER TABLE CLOTHS: CONF 128.75 CTR 012085 ISTOCK INT'L INC. KH IMAGES FOR PROMO FLYERS & 120.00 GUIDE 017736 FEAST CALIFORNIA CAFE LLC, KH RFRSHMNTS: WINTER SOLSTICE 187.21 DBA CORNER BAKERY CAFE EVENT 006952 PAYPAL KH VERISIGN PAYFLOW PRO 200.70 TRANSACTION 021421 GRUBHUB KH RFRSHMNTS: THEATER 88.52 HOSPITALITY 007282 AMAZON COM INC, SUPPLIES: ADMIN 22.81 4,439.32 SYNCB/AMAZON 8023 1/23/2020 006887 UNION BANK OF CALIFORNIA 020489 GREYHOUND LINES RM HOMELESS OUTREACH: BUS 211.99 TICKET 020489 GREYHOUND LINES RM HOMELESS OUTREACH: BUS 167.00 TICKET 020489 GREYHOUND LINES RM HOMELESS OUTREACH: BUS 273.99 TICKET 010320 PETCO ANIMAL SUPPLIES INC RM HOMELESS OUTREACH 79.72 007028 AMERICAN AIRLINES RM AIRFARE: HOMELESS OUTREACH 137.20 007028 AMERICAN AIRLINES RM AIRFARE: HOMELESS OUTREACH 30.00 007028 AMERICAN AIRLINES RM AIRFARE: HOMELESS OUTREACH 125.00 007028 AMERICAN AIRLINES RM AIRFARE: HOMELESS OUTREACH 25.00 1,049.90 Page:1 apChkLst Final Check List Page: 2 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 8024 1/23/2020 006887 UNION BANK OF CALIFORNIA 002103 CALIF ASSOCIATION PUBLIC INFO, DBA: CAPIO 013338 APPLE STORE 000193 1 C M A, PRODUCT FULFILLMENT CTR 021477 ECO GREEN CLEANERS 021628 FRANCE MEDIA INC 001264 COSTCO TEMECULA 491 020792 CANVA.COM 019793 URBANE CAFE, TGH ENTERPRISES LLC 008956 PANERA BREAD 8026 1/23/2020 006887 UNION BANK OF CALIFORNIA 007282 AMAZON COM INC, SYNCB/AMAZON 019588 VERIATO, INC. 013338 APPLE STORE 002377 BEST BUY COMPANY INC 021082 VIDEOBLOCKS.COM 021274 ZOOM.US 013338 APPLE STORE (Continued) Description Amount Paid Check Total GB WEBINAR REGISTRATION: DAMKO 35.00 GB ADD'L PHONE STORAGE: BEMOLL, 0.99 B. GB REGIST: WEBINAR: KELLY-LEHNER 149.00 GB DRY CLEAN SVC: TABLE CLOTHS 276.48 GB CONF REGIST: DAMKO & BEMOLL 300.00 GB MISC SUPPLIES - INCUBATOR 80.98 GB ANN'L MBRSHP SUBSCR: ECO DEV 119.40 GB RFRSHMNTS: CONSTRUCTION 272.74 PROGRAM GB RFRSHMNTS: CONSTRUCTION 112.77 1,347.36 PROGRAM MH AMPLIFIER: LIBRARY 780.83 MH MONITORING SOFTWARE 150.00 MH APPLECARE: CITY PERSONNEL 1,680.00 MH REPLACEMENT TV: FOC 278.86 MH STORYBLOCKS- DIGITAL MUSIC & 349.00 VIDEO MH MONTHLY RENEWAL FEE: INFO 386.90 TECH MH SUBSCRIPTION: APPLE 99.00 3,724.59 DEVELOPER Paget apChkLst Final Check List Page: 3 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 8061 1/29/2020 006887 UNION BANK OF CALIFORNIA 021626 INSTITUTE RESEARCH ON, IG BOOKS: DISCRIMINATION DRUG & LABOR & EMPLOYMENT ALCOHOL 019506 EVERNOTE CORPORATION IG SOFTWARE: MEETING NOTES: GARIBAY 021627 FEDERAL MOTOR CARRIER, IG DOT CLEARINGHOUSE SAFETY & ADMINISTRATION 004905 LIEBERT, CASSIDYAND IG REGISTRATION: CONFERENCE: WHITMORE GARIBAY 020829 MURRIETA CHAMBER OF IG REGISTRATION: JOB FAIR COMMERCE 005244 SOCIETY FOR HUMAN IG MEMBERSHIP FEE: GARIBAY, I. RESOURCE MGM, THE S H R M STORE 006937 SOUTHWEST AIRLINES IG AIRFARE: TYLER CONF: CAMERON, G. 006937 SOUTHWEST AIRLINES IG AIRFARE: TYLER CONF: VON RICHTER, P. 017038 CPS HR CONSULTING IG TRAINING COURSE: OBMANN, B. 8102 2/6/2020 001035 C RAND R INC JUL- DEC'19 TRASH HAULING SVCS 8103 2/5/2020 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD LW RFRSHMNTS: COMM DEV APPRECIATION 020536 WALL STREET JOURNAL LW ONLINE MBRSHP SUBSCRIPTION: WATSON 020370 BEENVERIFIED.COM LW DIGITAL SUBSCRIPTION: CODE ENFORCEMEN 8104 2/6/2020 014486 VERIZON WIRELESS 12/11-1/10 TASK FORCE TABLETS 8105 1/28/2020 002390 EASTERN MUNICIPAL WATER DIST 8106 1/24/2020 000537 SO CALIF EDISON 8107 1/24/2020 000537 SO CALIF EDISON 8108 1/27/2020 000537 SO CALIF EDISON 8109 1/28/2020 000537 SO CALIF EDISON 8110 1/28/2020 000537 SO CALIF EDISON POLICE DEC WATER 32131 S LOOP RD DEC 2-29-974-7568 26953 YNEZ RD DEC 2-31-693-9784 26036 YNEZ RD DEC 2-30-099-3847 29721 RYECREST DEC 2-28-331-4847 32805 PAUBA RD DEC 2-30-296-9522 46679 PRIMROSE AVE Amount Paid Check Total 72.81 69.99 25.00 625.00 250.00 219.00 418.97 418.97 284.00 4,175,468.76 140.19 143.24 52.45 445.92 188.27 124.30 329.35 11.37 71.74 569.09 2,383.74 4,175,468.76 335.88 445.92 188.27 124.30 329.35 11.37 71.74 569.09 Page.-3 apChkLst 02/13/2020 2:39:07PM Final Check List CITY OF TEMECULA Page: 4 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 8111 1/30/2020 001212 SO CALIF GAS COMPANY DEC 015-575-0195-2 32211 WOLF 721.91 721.91 VALLEY RD 8112 1/30/2020 001212 SO CALIF GAS COMPANY DEC 055-475-6169-5 32380 DEER 112.54 112.54 HOLLOW WAY 8113 2/11/2020 020062 MEDLINE INDUSTRIES INC QE SEP 2019 SALES TAX PHS 343,619.00 343,619.00 8114 1/17/2020 000537 SO CALIF EDISON DEC 2-05-791-8807 31587 TEM PKWY 8,084.83 8,084.83 8115 1/21/2020 000537 SO CALIF EDISON DEC 2-29-223-9571 30395 MURRIETA 21.25 21.25 HOT 8116 1/21/2020 000537 SO CALIF EDISON DEC 2-33-237-4818 30499 RANCHO CAL 112.24 112.24 RD 8117 1/21/2020 000537 SO CALIF EDISON DEC 2-31-419-2659 26706 YNEZ RD 132.57 132.57 8118 1/21/2020 000537 SO CALIF EDISON DEC 2-29-974-7899 26953 YNEZ RD 166.05 166.05 8119 1/21/2020 000537 SO CALIF EDISON DEC 2-28-171-2620 40820 353.75 353.75 WINCHESTER RD 8120 1/21/2020 000537 SO CALIF EDISON DED 2-30-608-9384 28582 HARVESTON 424.74 424.74 DR 8121 1/21/2020 000537 SO CALIF EDISON DEC 2-26-887-0789 40233 VILLAGE RD 1,556.25 1,556.25 8122 1/21/2020 000537 SO CALIF EDISON DEC 2-00-397-5059 33340 CAMINO 5,198.16 5,198.16 PIEDRA 8123 2/4/2020 010276 TIME WARNER CABLE JAN INTERNET SVCS- 28300 586.83 586.83 MERCEDES ST 8124 2/7/2020 010276 TIME WARNER CABLE FEB INTERNET SVCS- 29119 348.49 348.49 MARGARITA RD 8125 2/7/2020 014486 VERIZON WIRELESS 12/16-1/15 11,658.95 11,658.95 CELLULAR/BROADBAND:CITYWIDE 8126 2/4/2020 001986 MUZAK LLC FEB DISH NETWORK: 32131 155.08 155.08 BUTTERFIELD 8127 2/4/2020 002390 EASTERN MUNICIPAL WATER DEC WATER 39569 SERAPHINA RD 74.90 74.90 DIST Page:4 apChkLst Final Check List Page: 5 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 8128 2/4/2020 002390 EASTERN MUNICIPAL WATER DEC WATER MURRIETA HOT SPRINGS DIST 8129 2/4/2020 002390 EASTERN MUNICIPAL WATER DEC WATER MURRIETA HOT SPRINGS DIST 8130 1/31/2020 000262 RANCHO CALIF WATER VARI DEC WATER 3001605 PAUBA RD DISTRICT 199939 2/13/2020 004802 ADLERHORST INTERNATIONAL JAN K9 TRAINING: DAYKA/BORIS: LLC POLICE 199940 2/13/2020 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY C/O BNB BANK LOCKBOX PAYMENT 199941 2/13/2020 009787 ALTEC INDUSTRIES INC PURCHASE OF BUCKET TRUCK: PW-TRAFFIC 199942 2/13/2020 004240 AMERICAN FORENSIC NURSES DUI DRUG & ALCOHOL SCREENING AFN 199943 2/13/2020 000936 AMERICAN RED CROSS, LIFEGUARD HEALTH AND SAFETY SVCS CERTIFICATION:AQUATICS 199944 2/13/2020 002187 ANIMAL FRIENDS OF THE FY19/20 DISCRETIONARY GRANT VALLEYS FUNDS:JS 199945 2/13/2020 021400 AYERS ELECTRIC INC LIGHTING RETROFIT -STA95 199946 2/13/2020 019709 BAGDASARIAN, NADYA REIMB: SUPPLIES: TEAM PACE 199947 2/13/2020 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS: RHRTPL BOOK COLLECTIONS: RHRTPL BOOK COLLECTIONS: RHRTPL BOOK COLLECTIONS: RHRTPL 199948 2/13/2020 014293 BIBLIOTHECA LLC LIBRARY SUPPLIES - RFID TAGS 199949 2/13/2020 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO 199950 2/13/2020 005321 CALIF ASSOC OF CODE, M2 TRAINING:CODE ENF: LEWING, S. ENFORCEMENT OFFICERS 199951 2/13/2020 013265 CALIF BUILDING, STANDARDS 4TH QTR PAYMENT OF SB1473 2019 COMMISSION Amount Paid Check Total 26.52 26.52 26.52 26.52 6,519.28 6,519.28 350.00 350.00 4,009.72 4,009.72 144, 471.91 144, 471.91 454.00 454.00 246.00 246.00 500.00 500.00 1,314.16 1,314.16 468.42 468.42 121.49 82.30 127.79 20.12 351.70 2,496.18 2,496.18 175.49 175.49 425.00 425.00 797.00 797.00 Page:5 apChkLst Final Check List Page: 6 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 199952 2/13/2020 000638 CALIF DEPT OF 2019 4TH QTR PMT:STRONG MOTION CONSERVATION (OCT-DEC) 199953 2/13/2020 001610 CALTRANS, DEPT OF PROJ DETAIL EXPENDITURE REPORT TRANSPORTATION 199954 2/13/2020 021461 CAMPBELL, BRITTANY TCSD INSTRUCTOR EARNINGS 199955 2/13/2020 021349 CASA CENTER AGAINST SART EXAMS: TEM SHERIFF SEXUAL, ASSAULT OF SW RIV CO 199956 2/13/2020 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIP:INFO GOVERNMENT LLC TECH 199957 2/13/2020 005417 CINTAS PROTECTION NO 2, FIRE EXTINGUISHER INSPECTIONS: CINTAS FIRE 636525 CODE ENF 199958 2/13/2020 003997 COAST RECREATION INC KETTLE DRUM HEAD: SUNSET PARK 199959 2/13/2020 017429 COBRAADVANTAGE INC, DBA JAN FSA & COBRAADMIN FEES: HR THE ADVANTAGE GROUP 199960 2/13/2020 021230 CONSOLIDATED ELECTRICAL PW STREET MAINT: LIGHT POLES & DISTR, DBA CALIF ELECTRIC MATERIALS SUPPLY 199961 2/13/2020 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 199962 2/13/2020 001264 COSTCO TEMECULA 491 MISC SUPPLIES: PREV FIRE OFC SUPPLIES:INFO TECH 199963 2/13/2020 004329 COSTCO TEMECULA 491 SUPPLIES:HUMAN SVCS PRGMS & EVENTS RFRSHMNTS: TVM/ACE EVENTS & EXHII 199964 2/13/2020 002631 COUNTS UNLIMITED INC TRAFFIC COUNT DATA COLLECTION SVCS: PW 199965 2/13/2020 014501 COUNTYWIDE MECHANICAL HVACREPAIR -STA92 SYSTEMS 199966 2/13/2020 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 2,665.53 2,665.53 619.22 619.22 239.92 239.92 1,200.00 1,200.00 82.38 82.38 174.03 174.03 530.24 530.24 613.20 613.20 11,739.56 11,739.56 308.00 308.00 227.86 116.40 344.26 377.05 155.72 532.77 2,400.00 2,400.00 336.00 291.20 201.60 168.00 403.20 1,400.00 Page6 apChkLst 02/13/2020 2:39:07PM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199967 2/13/2020 010650 CRAFTSMEN PLUMBING & BATHROOM REPAIR - STA 84 189.00 HVAC INC KITCHEN REPAIR - STA 84 781.00 MISC PLUMBING SVCS: PBSP 871.00 PLUMBING REPAIR - STA 84 702.00 MISC REPAIRS: THEATER 6,500.00 9,043.00 199968 2/13/2020 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 112.00 112.00 199969 2/13/2020 003272 DAISYECO INC PRINTER & PLOTTER 573.94 573.94 SUPPLIES:GIS/CIVIC CTR 199970 2/13/2020 001233 DANS FEED AND SEED INC MISC SUPPLIES: PW STREET MAINT 13.79 13.79 199971 2/13/2020 020648 DG INVESTMENT HOLDINGS 2 MAINT & REPAIR OF SEC SYS: INFO 2,256.00 2,256.00 INC, CONVERGINT TECH TECHNOLOGIES 199972 2/13/2020 003945 DIAMOND ENVIRONMENTAL TEMP FENCING: JRC 95.00 95.00 SRVCS 199973 2/13/2020 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PARK 1,771.76 MAINT FUEL FOR CITY VEHICLES: LAND DEV 99.60 FUEL FOR CITY VEHICLES: POLICE DEP 31.92 FUEL FOR CITY VEHICLES: CODE ENFOI 97.71 FUEL FOR CITY VEHICLES: BLDG INSPE 313.44 FUEL FOR CITY VEHICLES: PW CIP 226.80 FUEL FOR CITY VEHICLES: STREET MAI 1,306.38 FUEL FOR CITY VEHICLES: TRAFFIC DIV 388.16 FUEL FOR CITY VEHICLES: TCSD 768.93 5,004.70 199974 2/13/2020 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 122.50 AILEEN TCSD INSTRUCTOR EARNINGS 157.50 TCSD INSTRUCTOR EARNINGS 35.00 TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 210.00 TCSD INSTRUCTOR EARNINGS 35.00 TCSD INSTRUCTOR EARNINGS 262.50 TCSD INSTRUCTOR EARNINGS 280.00 TCSD INSTRUCTOR EARNINGS 175.00 TCSD INSTRUCTOR EARNINGS 87.50 2,100.00 199975 2/13/2020 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS EQUIP: PW- 1,100.05 1,100.05 TRAFFIC Page:? apChkLst 02/13/2020 2:39:07PM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 199976 2/13/2020 009618 ENNIS FLINT INC BIKE LANE PAVEMENT LEGENDS - PW 79,485.52 79,485.52 199977 2/13/2020 011292 ENVIRONMENTAL SCIENCE DEC PREP OF SEIR HARVESTON GPA 2,474.86 2,474.86 ASSOC & SPA 199978 2/13/2020 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS: VARIOUS 1,631.06 LOCATIONS LDSCP IMPROVEMENT: OLD TOWN 8,766.00 LDSCP IMPROVEMENT: MARGARITA COI 14,252.50 IRRIGATION REPAIRS: VARIOUS LOCATI, 1,315.66 25,965.22 199979 2/13/2020 000165 FEDERAL EXPRESS INC 01/17/2020 EXP MAIL SVCS: SISTER 179.89 179.89 CITY 199980 2/13/2020 003633 FOOTHILL EASTERN JUL-DEC'19 TOLL RIDS USE:VAR 77.15 77.15 TRANSPORTN., CORRIDOR DEPTS AGNCY (TOLL RIDS) 199981 2/13/2020 021634 FROBOSE, FREDERICK REFUND:PRKG CITE VIOL 305.00 305.00 DISMISSED:338745 199982 2/13/2020 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING & MISC SUPPLIES: 56.11 56.11 THEATER 199983 2/13/2020 021365 GEORGE HILLS COMPANY INC CLAIM ADJUSTER SVCS: HR 853.32 853.32 199984 2/13/2020 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: INFO TECH 178.87 178.87 INC 199985 2/13/2020 009475 GOLDEN STAR TECHNOLOGY, GETAC TABLET: POLICE 983.59 983.59 INC, DBA: GST 199986 2/13/2020 016552 GONZALES, MARK ALLEN TCSD INSTRUCTOR EARNINGS 480.00 480.00 199987 2/13/2020 021635 GUERRA, CARLOS REFUND:PRKG CITE VIOL 10.00 10.00 DISMISSED:338620 199988 2/13/2020 003342 HABITAT FOR HUMANITY, 6/25-9/27 CRITICAL HOME REPAIR 10,116.50 INLAND VALLEY INC PRGM 6/25-9/27 CRITICAL HOME REPAIR PRGM 9,226.33 4/18-8/9 CRITICAL HOME REPAIR PRGM 11,749.36 FY 19/20 COMMUNITY SVC FUNDING A" 4,784.00 35,876.19 199989 2/13/2020 021629 HAMANN CONSTRUCTION ENG DEPOSIT REMINGTON PROJECT 23,000.00 23,000.00 APN PageB apChkLst Final Check List Page: 9 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 199991 2/13/2020 000186 HANKS HARDWARE INC (Continued) Description Amount Paid Check Total MAINT SUPPLIES: CRC 14.65 MAINT SUPPLIES: CIVIC CTR 51.37 MAINT SUPPLIES: CIVIC CTR 22.27 MAINT SUPPLIES: TCC 6.48 MAINT SUPPLIES: TVM 16.03 MISC SUPPLIES FOR PW STREET MAINI 8.98 MISC SUPPLIES FOR PW STREET MAINI 33.98 MISC SUPPLIES FOR PW STREET MAINI -13.01 MISC SUPPLIES FOR PW STREET MAINI 18.65 MISC SUPPLIES FOR PW STREET MAINI 40.72 MISC SUPPLIES FOR PW STREET MAINI 73.88 MISC SUPPLIES FOR PW STREET MAINI 66.40 MISC SUPPLIES FOR PW STREET MAINI 181.87 MISC SUPPLIES FOR PW STREET MAINI 163.91 MISC SUPPLIES FOR PW STREET MAINI 22.10 MAINT SUPPLIES: CIVIC CTR 41.75 MAINT SUPPLIES: CIVIC CTR 7.45 MAINT SUPPLIES: CIVIC CTR 21.73 MAINT SUPPLIES: CRC 12.69 MISC SUPPLIES FOR PW STREET MAINI -2.20 MAINT SUPPLIES: CRC 2,055.38 MAINT SUPPLIES: THEATER 3.29 MAINT SUPPLIES: CIVIC CTR 18.48 MAINT SUPPLIES: CIVIC CTR 22.27 MAINT SUPPLIES: CIVIC CTR 69.09 MAINT SUPPLIES: CIVIC CTR 14.58 MAINT SUPPLIES: CIVIC CTR 26.09 MAINT SUPPLIES: CIVIC CTR 36.95 MAINT SUPPLIES: CIVIC CTR 15.20 MAINT SUPPLIES: CRC 2.00 MISC SUPPLIES FOR PW STREET MAINI 20.92 MAINT SUPPLIES: CIVIC CTR 113.37 SUPPLIES:TVM/ACE/SISTER CITY EVEN- 1.62 MAINT SUPPLIES: MPSC 5.43 MAINT SUPPLIES: CRC 83.42 MISC SUPPLIES FOR PW STREET MAINI 43.48 MAINT SUPPLIES: CIVIC CTR 8.23 MAINT SUPPLIES: THEATER 30.96 MAINT SUPPLIES: THEATER 17.38 MAINT SUPPLIES: CRC 6.49 MISC SUPPLIES FOR PW STREET MAINI 10.54 MAINT SUPPLIES: THEATER 38.01 MAINT SUPPLIES: THEATER 19.53 MAINT SUPPLIES: FOC 22.83 MAINT SUPPLIES: CIVIC CTR 11.05 MAINT SUPPLIES: CRC 18.11 Page9 apChkLst 02/13/2020 2:39:07PM Final Check List CITY OF TEMECULA Page: 10 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total MAINT SUPPLIES: MPSC 5.97 MAINT SUPPLIES: TCC 74.91 MAINT SUPPLIES: FOC 5.43 SUPPLIES:TVM/ACE/SISTER CITY 12.17 MAINT SUPPLIES: CIVIC CTR 30.43 3,633.31 199992 2/13/2020 017334 HOUSE OF AUTOMATION INC BAY DOOR - STA 92 405.00 405.00 199993 2/13/2020 021565 HOVLAND, GARY ARTWORK:CULTURALARTS MAP 2,850.00 2,850.00 TCSD 199994 2/13/2020 006924 INTL MUNICIPAL SIGNAL IMSAAGENCY MEMBERSHIP: TRAFFIC 340.00 340.00 ASSOC, IMSA PW 199995 2/13/2020 021632 IVA ENTERPRISES INC, INLAND APPRAISER VERIFICATION: CLAIM 75.00 75.00 VALLEY APPRAISERS 19-71 199996 2/13/2020 019293 KITTRICH CORPORATION K9 FOOD: TEMECULA POLICE 90.70 90.70 199997 2/13/2020 021049 LE COFFEE SHOP TEMECULA RFRSHMNTS: ECO DEV EVENT 216.00 216.00 199998 2/13/2020 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS 2,625.00 BRIGHT START FOR KIDS TCSD INSTRUCTOR EARNINGS 630.00 TCSD INSTRUCTOR EARNINGS 105.00 3,360.00 199999 2/13/2020 003782 MAIN STREET SIGNS, DBA VARIOUS PARK SIGNS & SUPPLIES 147.19 ATHACO INC VARIOUS PARK SIGNS & SUPPLIES 211.79 CITY STREET SIGNAGE: PW STREET MP 105.63 464.61 200000 2/13/2020 019823 MERCHANTS BLDG MAINT LLC DEC JANITORIAL SVCS:VAR CITY 23,437.11 FACS JAN JANITORIAL SVCS:VAR CITY FACS 23,437.11 NOV JANITORIAL SVCS: VARI FACILTIES 23,437.11 70,311.33 200001 2/13/2020 018314 MICHAEL BAKER 11/4-12/31 DSGN 12,468.52 INTERNATIONAL SVC:PW 18-11,PARK&RIDE CNSLT SVCS: 1-15/79 INTERCHANGE 17- 11,515.53 23,984.05 200002 2/13/2020 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 504.00 MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS 840.00 TCSD INSTRUCTOR EARNINGS 630.00 1,974.00 200003 2/13/2020 013443 MIDWEST TAPE LLC BOOKS ON TAPE:LIBRARY 44.79 BOOKS ON TAPE:LIBRARY 39.34 84.13 200004 2/13/2020 021343 MILLER ARCHITECTURAL 9/1-10/31 DSGN: RESTROOM 1,100.00 1,100.00 CORP I M P RV,19-06 Page:10 apChkLst Final Check List Page: 11 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200005 2/13/2020 004043 MISSION ELECTRIC SUPPLY MISC SUPPLIES: PARKING GARAGE INC ELECTRICAL SUPPLIES: PARKS PW ELECTRICAL SUPPLIES: FOC ELECTRICAL SUPPLIES: JRC ELECTRICAL SUPPLIES: JRC 200006 2/13/2020 016445 MKB PRINTING & BUSINESS CARDS: M EDWARDS PROMOTIONAL INC, DBA MINUTEMAN PRESS 200007 2/13/2020 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS 200008 2/13/2020 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC: 02/08/20 200009 2/13/2020 018099 NATIONAL SAFETY DOT TESTING: HR COMPLIANCE INC 200010 2/13/2020 021263 NCL INC, REFUND SEC DEPOSIT CRC 1/27/20 MURRIETA-TEMECULA CHAPTER 200011 2/13/2020 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: TCSD 200012 2/13/2020 019334 PARK CONSULTING GROUP JAN CONSULT SVCS: IT-ENERGOV INC 200013 2/13/2020 010338 POOL & ELECTRICAL SUPPLIES: POOL FACILITIES PRODUCTS INC 200014 2/13/2020 008447 PRO AUTO COLLISION INC VEH REPAIR:PW 19-257 FORD VEH REPAIR:PW 12-206 CHEV VAN 200015 2/13/2020 014379 PROFESSIONAL IMAGE CITY OF TEM PODIUM LOGO- CM ADVERTISING, DBA EXTREME SIGNSGRAPHICS 200016 2/13/2020 012366 PROJECT TOUCH FEB'20 CDBG-HPDP DPST 200017 2/13/2020 005075 PRUDENTIAL OVERALL JAN UNIFORM/FLR MTS/TWL SUPPLY RENT:CIVIC CTR/P 200018 2/13/2020 004029 R J M DESIGN GROUP INC DEC MASTER PLAN:COMMUNITY SVCS 200019 2/13/2020 002072 RANCHO CALIF WATER DPST:OT BRDWLK ENHANCEMENT DIST-FEES Amount Paid Check Total 128.80 265.67 15.95 403.94 325.68 1,140.04 145.62 145.62 500.50 500.50 365.40 365.40 329.90 329.90 200.00 200.00 49.83 49.83 357.50 357.50 282.89 282.89 2,219.43 1,959.60 4,179.03 50.00 50.00 825.00 825.00 628.00 628.00 9,268.45 9,268.45 6,400.00 6,400.00 Page:11 apChkLst 02/13/2020 2:39:07PM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 200020 2/13/2020 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SVCS:CIP-BTTRFLD 668.27 STG REPROGRAPHIC SVCS:CIP-BTTRFLD S1 848.25 1,516.52 200021 2/13/2020 000907 RANCHO TEMECULA CAR DEC VEH DETAIL SVC: TEM POLICE 21.99 21.99 WASH 200022 2/13/2020 016931 REACH SPORTS MARKETING OCT'19-SEP'20 SOFTWARE LIC 1,028.00 1,028.00 GROUP, DBA REACH RNWL:LIB 200023 2/13/2020 021622 REDEMANN JR, DAVID H, TRAINING 2/3-2/5:D.SHAFFER & 590.00 590.00 POLICE TRAINING INST LLC M.FRAKER 200024 2/13/2020 021633 REGALADO, IGNACIO REFUND:PRKG CITE VIOL 305.00 305.00 DISMISSED:338744 200025 2/13/2020 021574 RICHARDSON, BRIDGET RELEASE CLAIM AGRMNT PMT 500.00 500.00 200026 2/13/2020 000353 RIVERSIDE CO AUDITOR, DEC'19 PRKG CITATION 4,326.00 4,326.00 CONTROLLER ASSESSMENTS 200027 2/13/2020 014027 RIVERSIDE CO ECO DEV JUL-SEP'19 STAFFING Q1: LIBRARY 41,860.00 41,860.00 AGENCY, LIBRARY DIV 200028 2/13/2020 001592 RIVERSIDE CO INFO DEC EMERG RADIO RENTAL:TEM PD 2,359.72 2,359.72 TECHNOLOGY 200029 2/13/2020 000406 RIVERSIDE CO SHERIFFS 12/5/19-1/1/20 LAW ENFORCEMENT 2,408,988.03 2,408,988.03 DEPT 200030 2/13/2020 001365 RIVERSIDE, COUNTY OF, OCT-DEC'19 VECTOR CONTROL SVC 3,475.03 ENVIRONMENTAL HEALTH DEPT RENEW PERMIT:FOC/MAINTYARD 1,714.00 5,189.03 200031 2/13/2020 013911 SANTA ROSA PLATEAU FEB-JUN'20 SRP FIRE FUND -REBUILD 1,000.00 NATURE, EDUCATION FOUNDATION FEB-JUN'20 SRP FIRE FUND -REBUILD 1,000.00 FEB-JUN'20 SRP FIRE FUND -REBUILD 1,000.00 3,000.00 200032 2/13/2020 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY:JERSEY DAY SPRBWL 150.00 PRESTON 1/30 PHOTOGRAPHY:YOUTH IN GOVT 2/5 150.00 PHOTOGRAPHY:COUNCIL CHMBR/CONF 400.00 PHOTOGRAPHY:CPTN ZACH HALL 250.00 PHOTOGRAPHY:COUNCIL CHAMBERS 150.00 1,100.00 200033 2/13/2020 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 2/6 630.00 630.00 Page:12 apChkLst Final Check List Page: 13 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 200034 2/13/2020 013695 SHRED -IT US JV LLC, DBA: SHRED -IT USA LLC 200035 2/13/2020 009746 SIGNS BY TOMORROW 200036 2/13/2020 013482 SILVERMAN ENTERPRISES INC, DBA BAS SECURITY 200037 2/13/2020 000645 SMARTAND FINAL INC 200038 2/13/2020 000282 SO CALIF MUNICIPAL ATHLETIC, FEDERATION INC 200039 2/13/2020 014783 SOFTRESOURCES, LLC 200040 2/13/2020 000519 SOUTH COUNTY PEST CONTROL INC 200041 2/13/2020 012652 SOUTHERN CALIFORNIA, TELEPHONE COMPANY 200042 2/13/2020 016939 SPERO VINEYARDS, INC 200043 2/13/2020 000293 STADIUM PIZZA INC 200044 2/13/2020 008337 STAPLES BUSINESS CREDIT 200045 2/13/2020 021091 STATE STREET BALLET (Continued) Description Amount Paid Check Total APR'19 SHRED SVC: FOC 41.12 MAY'19 SHRED SVC: FOC 41.30 JUN '19 SHRED SVC: FOC 41.48 JUL'19 SHRED SVC: FOC 41.30 AUG'19 SHRED SVC: FOC 41.12 SEP'19 SHRED SVC: FOC 82.06 OCT'19 SHRED SVC: FOC 41.12 NOV'19 SHRED SVC: FOC 41.12 DEC '19 SHRED SVC: FOC 41.12 MAR'19 SHRED SVC: FOC 81.88 JAN'19 SHRED SVC: FOC 43.99 537.61 SIGNAGE: PLNG-VIA DOS PICOS 213.75 SIGNAGE: PLNG-E 115&W YNEZ RD 1,068.75 SIGNAGE: PLNG-BTTRFLD STG 427.50 1,710.00 1 /27-2/9 2,461.63 SECURITY:TCSD-TEM/LIBRARY 1/27-2/9 SECURITY:TCSD-FACS 2,114.65 4,576.28 SUPPLIES: HUMAN SERVICES PGRM 243.89 243.89 SCMAF BRONZE MBRSHP: FT2, PT2 130.00 130.00 JAN ASSET MGNT CONSULT. IT 277.50 277.50 JAN PEST CTRL SVC:CITY FACS 971.00 PEST CTRL SVC: SPLASH PAD 49.00 1,020.00 FEB GEN USAGE: 0141,0839,2593,9306 611.29 611.29 FY19/20 CSF-SPERO PROJECT 2,393.00 2,393.00 RFRSHMNTS: WORKFORCE 54.36 PROGRAM RFRSHMNTS: CRC -TEEN ZONE EVENT 151.84 RFRSHMNTS:WKFRCE PGM-YOUTH INN 57.98 RFRSHMNTS: CRC -TEEN ZONE EVENT 95.68 359.86 SUPPLIES: PD-MALL STOREFRONT 12.69 SUPPLIES: PD-MALL STOREFRONT 145.04 157.73 PERFORMANCE:THEATER-STATE ST 10,000.00 10,000.00 BLLT 2/22 Page:13 apChkLst Final Check List Page: 14 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200046 2/13/2020 015648 STEIN ANDREW, DBA PARKINK PROMO ITEMS: TVMUSEUM 200047 2/13/2020 006145 STENO SOLUTIONS JAN TRANSCRIPTION SVC:TEM TRANSCRIPTION, SRVCS INC POLICE 200048 2/13/2020 003840 STRONGS PAINTING PAINTING SVC: PW-CIP RRSP 200049 2/13/2020 013331 STUDENT OF THE MONTH FY19/20 COUNCIL CSF GRANT PRGM, INC 200050 2/13/2020 021361 TELECOM LAW FIRM PC F/N/A, NOV LEGAL SVC: PLANNING KRAMER TELECOM LAW FIRM 200051 2/13/2020 004397 TEMECULAAUTO BODY & RELEASE CLAIM AGRMNT PMT PAINT INC, DBA FIX AUTO TEMECULA 200052 2/13/2020 021413 TEMECULA CHINESE SCHOOL PERFORMANCE: TVM- 2NDSAT 2/8 200053 2/13/2020 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT. TEM POLICE LLC 200054 2/13/2020 003849 TERRYBERRY COMPANY SERVICE AWARDS: HR 200055 2/13/2020 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 200056 2/13/2020 021580 TOWNSEND PUBLIC AFFAIRS FEB CONSULT SVC:STATE INC LGSLTV/WRITING JAN CONSULT SVC:STATE LGSLTV/WRIT 200057 2/13/2020 002185 US POSTAL SERVICE POSTAGE DUE ACCT 200058 2/13/2020 002702 U S POSTAL SERVICE JAN'20 POSTAGE METER DEPOSIT 200059 2/13/2020 020963 UPTOWN TEMECULAAUTO DEC VEH WASH SVC: PW-CIP SPA LLC DEC VEH WASH SVC:FIRE-PREVENTION 200060 2/13/2020 014848 VALUTEC CARD SOLUTIONS JAN'20 TICKETING SVCS: THEATER LLC 200061 2/13/2020 009101 VISION ONE, INC., DBA: JAN SHOWARE TICKET SVC:THEATER ACCESSO 200062 2/13/2020 018147 WADDLETON, JEFFREY L. TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 245.01 245.01 72.63 72.63 700.00 700.00 750.00 750.00 2,317.00 2,317.00 935.81 935.81 270.00 270.00 247.61 247.61 184.55 184.55 3,720.00 3,720.00 6,000.00 6,000.00 12,000.00 20.00 20.00 2,582.40 2,582.40 4.00 8.00 12.00 111.91 111.91 2,724.80 2,724.80 560.00 560.00 Page:14 apChkLst Final Check List Page: 15 02/13/2020 2:39:07PM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200063 2/13/2020 007987 WALMART SUPPLIES: TVM-2NDSAT 2/8 200064 2/13/2020 015685 WEB QA, INC. MAR'20-FEB'21 SFTWR WEB SBSCRB 200065 2/13/2020 003730 WEST COASTARBORISTS INC 1/1-1/15 TREE MAINT: VAR PRKS 1/1-1/15 TREE MAIN-F. VILLAGES 1/1-1/15 TREE MAINT: CITY R-O-W 1/1-1/15 TREE MAINT: CROWNE HILL 1/1-1/15 TREE MAINT: VARIOUS LOC 200066 2/13/2020 000339 WEST PUBLISHING JAN CLEAR INFO: TEM POLICE CORPORATION, DBA:THOMSON REUTERS SUBSCRIPTION PRODUCT 200067 2/13/2020 008402 WESTERN RIVERSIDE CO JAN'20 MSHCP PAYMENT REG, CONSERVATION AUTHORITY 200068 2/13/2020 021148 WEX BANK 1/7-2/6/20 FUEL USE: TEM POLICE 200069 2/13/2020 004567 WITCHER ELECTRIC, AKA ELECTRICAL: PW-PRESLEY SLOPE TERRENCE KEVIN WITCHE 200070 2/13/2020 017053 WOHLFORD CHAD TYLER DBA, FEB CONSULT SVC:COSTALLOC & WOHLFORD CONSULTING USER FEE 200071 2/13/2020 021630 YOUR STORAGE PERMIT.COM REFUND:FIRE BLDG STORAGE RACK FEES 200072 2/13/2020 003776 ZOLL MEDICAL CORPORATION, SUPPLIES: MEDIC GPO Amount Paid Check Total 75.19 75.19 7,165.00 7,165.00 763.80 2,929.50 1,377.30 13,419.00 796.50 19,286.10 893.00 309.24 1,202.24 13,361.42 13,361.42 1,844.49 1,844.49 936.00 936.00 8,150.00 8,150.00 91.60 91.60 4,631.45 4,631.45 Grand total for UNION BANK: 7,651,250.00 Page:15 apChkLst Final Check List Page: 16 02/13/2020 2:39:07PM CITY OF TEMECULA 167 checks in this report. Grand Total All Checks: 7,651,250.00 Page:16 apChkLst Final Check List Page: 1 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 8131 2/12/2020 007282 AMAZON COM INC, SYNCB/AMAZON 8132 2/13/2020 007282 AMAZON COM INC, SYNCB/AMAZON 8133 2/20/2020 010349 CALIF DEPT OF CHILD SUPPORT 8134 2/20/2020 021301 1 C M A RETIREMENT -PLAN 106474 8135 2/20/2020 000194 1 C M A RETIREMENT -PLAN 303355 8136 2/20/2020 000444 INSTATAX (EDD) 8137 2/20/2020 000283 INSTATAX (IRS) 8138 2/20/2020 001065 NATIONWIDE RETIREMENT SOLUTION 8139 2/20/2020 019088 NATIONWIDE RETIREMENT SOLUTION 8140 2/20/2020 000389 NATIONWIDE RETIREMENT SOLUTION 8141 2/20/2020 000246 PERS (EMPLOYEES' RETIREMENT) 8142 2/10/2020 010276 TIME WARNER CABLE 8143 2/10/2020 010276 TIME WARNER CABLE 8144 2/10/2020 010276 TIME WARNER CABLE 8145 2/10/2020 010276 TIME WARNER CABLE Description MISC OFC SUPPLIES: HR MISC OFC SUPPLIES: CITY CLERK SMALL TOOLS/EQUIPMENT: HR MISC OFC SUPPLIES: BC MISC OFC SUPPLIES: HR SUPPLIES/EQPMNT: COMMUNITY RELATIONS SUPPORT PAYMENT ICMA-401(A) RETIREMENT PLAN PAYMENT ICMA-RC RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL TAXES PAYMENT NATIONWIDE RETIREMENT PAYMENT NATIONWIDE LOAN REPAYMENT PAYMENT OBRA- PROJECT RETIREMENT PAYMENT PERS RETIREMENT PAYMENT FEB INTERNET SVCS- 32211 WOLF VALLEY RD FEB INTERNET SVCS- 41973 6TH ST FEB INTERNET SVCS- 30755 AULD RD FEB INTERNET SVCS- 41000 MAIN ST Amount Paid Check Total 51.09 230.01 111.20 82.83 9.16 128.25 899.07 1,134.62 12,649.14 26,516.57 89,632.06 11,769.54 28.51 2,882.68 111,870.69 191.00 694.99 694.99 3,430.75 484.29 128.25 899.07 1,134.62 12,649.14 26,516.57 89,632.06 11,769.54 28.51 2,882.68 111,870.69 191.00 694.99 694.99 3,430.75 Page:1 apChkLst Final Check List Page: 2 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 8146 2/18/2020 010276 TIME WARNER CABLE 8147 2/18/2020 010276 TIME WARNER CABLE 8148 2/10/2020 018858 FRONTIER CALIFORNIA INC 8149 2/14/2020 018858 FRONTIER CALIFORNIA INC 8150 2/6/2020 001212 SO CALIF GAS COMPANY 8151 2/6/2020 001212 SO CALIF GAS COMPANY 8152 2/7/2020 001212 SO CALIF GAS COMPANY 8153 2/7/2020 001212 SO CALIF GAS COMPANY 8154 2/7/2020 001212 SO CALIF GAS COMPANY 8155 2/7/2020 001212 SO CALIF GAS COMPANY 8156 2/7/2020 001212 SO CALIF GAS COMPANY 8157 2/7/2020 001212 SO CALIF GAS COMPANY 8158 2/7/2020 001212 SO CALIF GAS COMPANY 8159 2/7/2020 001212 SO CALIF GAS COMPANY 8160 2/7/2020 001212 SO CALIF GAS COMPANY 8161 2/7/2020 001212 SO CALIF GAS COMPANY 8162 2/7/2020 001212 SO CALIF GAS COMPANY (Continued) Description Amount Paid Check Total FEB INTERNET SVCS- 40820 5.30 5.30 WINCHESTER RD FEB INTERNET SVCS- 41000 MAIN ST 1,042.86 1,042.86 FEB INTERNET SVCS- THEATRE 150.98 150.98 FEB-MAR INTERNET SVCS- EOC 309.31 309.31 JAN 095-167-7907-2 30650 PAUBA RD 351.26 351.26 JAN 125-244-2108-3 30600 PAUBA RD 1,163.76 1,163.76 JAN 133-040-7373-0 43210 BUS PARK 43.01 43.01 DR JAN 028-025-1468-3 41375 MCCABE CT 88.87 88.87 JAN 060-293-3315-7 28922 PUJOL ST 107.69 107.69 JAN 101-525-0950-0 28816 PUJOL ST 184.12 184.12 JAN 181-383-8881-6 28314 MERCEDES 248.79 248.79 ST JAN 196-025-0344-3 42081 MAIN ST 273.92 273.92 JAN 129-582-9784-3 43230 BUS PARK 321.68 321.68 DR JAN 021-725-0775-4 41845 6TH ST 501.78 501.78 JAN 026-671-2909-8 42051 MAIN ST 569.87 569.87 JAN 129-535-4236-7 41000 MAIN ST 3,083.59 3,083.59 JAN 091-024-9300-5 30875 RANCHO 4,104.21 4,104.21 VISTA RD Paget apChkLst 02/20/2020 5:28:OOPM Final Check List CITY OF TEMECULA Page: 3 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 8163 2/10/2020 001212 SO CALIF GAS COMPANY JAN 101-525-1560-6 27415 800.10 800.10 ENTERPRISE CIR 8164 2/11/2020 001212 SO CALIF GAS COMPANY JAN 098-255-9828-8 29119 MARGARITA 134.60 134.60 RD 8165 2/11/2020 001212 SO CALIF GAS COMPANY JAN 117-188-6393-6 32131 S LOOP RD 419.53 419.53 8166 2/4/2020 001986 MUZAK LLC FEB DISH NETWORK: 41952 6TH ST 56.10 56.10 8167 2/4/2020 001986 MUZAK LLC FEB DISH NETWORK: 43230 BUS PARK 161.27 161.27 DR 8168 2/19/2020 021355 PACIFIC PREMIER BANK ESCROW ACCT LIB PRKG PHII-ENV 5,643.74 5,643.74 CONSTR 8169 2/19/2020 005460 U S BANK '17 TAX ALLOC BONDS DEBT SVC 1,595,640.63 1,595,640.63 200074 2/20/2020 001517 AETNA BEHAVIORAL HEALTH MAR EMPLOYEE ASSISTANCE PGRM: 1,289.20 LLC, DBAAETNA RESOURCES HR CREDIT: BILLING ADJ - DEDUCTING 1 ME -4.40 1,284.80 200075 2/20/2020 021522 AGILITY KIDS LLC TCSD INSTRUCTOR EARNINGS 966.12 TCSD INSTRUCTOR EARNINGS 828.10 TCSD INSTRUCTOR EARNINGS 730.80 TCSD INSTRUCTOR EARNINGS 609.00 TCSD INSTRUCTOR EARNINGS 609.00 TCSD INSTRUCTOR EARNINGS 487.20 TCSD INSTRUCTOR EARNINGS 426.30 4,656.52 200076 2/20/2020 021383 AMERICAN RAMP COMPANY RRSP PUMP TRACK: PW18-04 14,081.11 14,081.11 INC 200077 2/20/2020 000936 AMERICAN RED CROSS, STAFF CPR/FIRST AID CERTS: TCSD 325.00 325.00 HEALTH AND SAFETY SVCS 200078 2/20/2020 021643 ANGEL, JOE REFUND:REGISTR FEE:ROD RUN MAY 50.00 50.00 2020 200079 2/20/2020 013950 AQUA CHILL OF SAN DIEGO FEB DRINKING WTR SYS MAINT: CIVIC 183.71 CTR FEB DRINKING WTR SYS MAINT: MPSC 34.75 FEB DRINKING WTR SYS MAINT: JRC 28.28 FEB DRINKING WTR SYS MAINT: PW 28.28 275.02 200080 2/20/2020 020574 BATTERY SYSTEMS INC BATTERIES: PW - TRAFFIC 1,766.33 BATTERIES: PW - TRAFFIC 1,632.80 BATTERIES: PW - TRAFFIC -2,173.94 1,225.19 Page3 apChkLst Final Check List Page: 4 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 200081 2/20/2020 019559 BMW MOTORCYCLES OF RIVERSIDE (Continued) Description POLICE MOTORCYCLE PURCH:TEM SHERIFF VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI VEHICLE MAINT & REPAIR: TEM SHERIFI 200082 2/20/2020 011348 BONCOR WATER SYSTEMS FEB WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 200083 2/20/2020 008013 BOSTRE-LE, ANNIE EE COMPTR PURCHASE PRGM: BOSTRE-LE 200084 2/20/2020 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: PW STREET MATERIALS CO 200085 2/20/2020 004248 CALIF DEPT OF JAN BLOOD & ALCOHOL ANALYSIS: JUSTICE-ACCTING TEM SHERIF NOV BLOOD &ALCOHOL ANALYSIS: TEN 200086 2/20/2020 019606 CAPCA SUMMIT REGIST: PESTICIDE REGULATION: FOX 200087 2/20/2020 016446 CHRISTIAN STITCHERY INC, STAFF UNIFORMS: AQUATICS DBA SO CAL IMPRESSIONS 200088 2/20/2020 020025 CIVIL SOURCE INC DEC CNSTR MGMT SVCS: LIBRARY, PW13-09 200089 2/20/2020 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES PAYMENT 200090 2/20/2020 011922 CORELOGIC INC, DBA JAN PROP ID SFTWR: CODE CORELOGIC SOLUTIONS ENFORCEMENT 200091 2/20/2020 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 200092 2/20/2020 001264 COSTCO TEMECULA 491 AGENCY MEMBERSHIP RENEWAL 200093 2/20/2020 004329 COSTCO TEMECULA 491 MISC SUPPLIES HIGH HOPES EVENTS Amount Paid Check Total 30,745.62 3,152.17 594.24 575.43 540.10 350.79 305.21 250.07 152.60 23.00 267.20 1.112.17 529.05 665.00 35.00 175.00 62.50 4,930.00 4.00 284.50 203.00 180.00 319.81 36,689.23 267.20 1.112.17 529.05 700.00 175.00 62.50 4,930.00 4.00 284.50 203.00 180.00 319.81 Page:4 apChkLst Final Check List Page: 5 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200094 2/20/2020 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIR: CIVIC CTR HVAC INC PLUMBING SVCS: NORTH SOUTH PARK: 200095 2/20/2020 001233 DANS FEED AND SEED INC MISC SUPPLIES: PW STREET MAINT 200096 2/20/2020 020648 DG INVESTMENT HOLDINGS 2 SECURITY SYS MAINT & REPAIRJNFO INC, CONVERGINT TECH TECHNOLOGIES 200097 2/20/2020 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: STREET MAINT FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: PW CIP FUEL FOR CITY VEHICLES: LAND DEV P' FUEL FOR CITY VEHICLES: ECO DEV 200098 2/20/2020 020904 ECONOMIC ALTERNATIVES INC FEB CONDENSER H2O SYST MAINT: CIVIC CTR 200099 2/20/2020 019681 EJK CORPORATION, DBA BEST VARIOUS PARKS: PET WASTE BAGS BAG COMPANY 200100 2/20/2020 021200 ENVIRONMENTAL DEC LIBRARY PARKING - PH II: CONSTRUCTION INC PW13-19 200101 2/20/2020 009953 FEDERAL CLEANING FEB JANITORIAL SRVCS: POLICE MALL CONTRACTORS, DBA FEDERAL OFC BLDG SERVICES 200102 2/20/2020 000165 FEDERAL EXPRESS INC 1/24-1/28 EXP MAIL SVCS: CLERK/FIRE/PW 1/23-1/31 EXP MAIL SVCS: PLAN/FIRE/Ch 1/21 EXP MAIL SVCS: TCSD & FIRE 1/27 EXP MAIL SVCS: TCSD 200103 2/20/2020 019731 FERGUSON ENTERPRISES INC PLUMBING SUPPLIES: VARIOUS PARKS 200104 2/20/2020 018925 FIREHOUSE SUBS RFRSHMNTS: TEEN CERT CLASS 2/28-3/1 200105 2/20/2020 018925 FIREHOUSE SUBS RFRSHMNTS: TEEN CERT CLASS 2/28-3/1 Amount Paid Check Total 1,925.00 608.00 2,533.00 23.33 23.33 435.00 435.00 906.40 778.33 727.74 241.20 196.83 129.31 122.66 109.82 50.57 3,262.86 525.00 525.00 3,134.55 3,134.55 95,909.75 95,909.75 1,167.06 1,167.06 91.18 70.56 42.72 34.25 238.71 1.29 1.29 719.10 719.10 575.28 575.28 Page:5 apChkLst Final Check List Page: 6 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 200106 2/20/2020 021371 FORD OF CHULA VISTA (Continued) Description PURCHASE TRUCK-VIN XX0142:PW PURCHASE TRUCK-VIN XX0141:PW PURCHASE TRUCK-VIN XX0143:PW 200107 2/20/2020 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 200108 2/20/2020 019710 FU, JIMMY PHOTOGRAPHY SVCS: ECO DEV 200109 2/20/2020 016184 FUN EXPRESS LLC, SUPPLIES: HUMAN SVCS SUBSIDIARY OF ORIENTAL TR 200110 2/20/2020 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: FIRE STA 95 INC OFC SUPPLIES: STREET MAINT OFFICE SUPPLIES:INFO TECH 200111 2/20/2020 000186 HANKS HARDWARE INC MISC SMALL TOOLS & EQUIP: PW-NPDES HARDWARE SUPPLIES: STA 73 FIRE 200112 2/20/2020 020628 HASA INC VARIOUS SUPPLIES: POOL FACILITIES 200113 2/20/2020 000520 HDL COREN AND CONE JAN-MAR PROP TAX CONSULTING: FINANCE 200114 2/20/2020 006914 INNOVATIVE DOCUMENT JAN COPIER MAINT/USAGE/REPAIR: SOLUTIONS CITYWIDE JAN COPIER MAINT/USAGE/REPAIR: CIT 200115 2/20/2020 015923 INSIGHT PUBLIC SECTOR INC NETWORK SWITCH REPLACEMENT: IT 200116 2/20/2020 020673 INTEGRITY SUPPORT PRE -EMPLOYMENT SCREENINGS: HR SERVICES INC, EMPLOYMENT SCREENING RESO PRE -EMPLOYMENT SCREENINGS: HR 200117 2/20/2020 019085 INTERPRETERS UNLIMITED INTERPRETER SVC: TEM SHERIFF INC 200118 2/20/2020 017118 KRACH BREE B, DBA SAFETY PERPETUALS: HUMAN TEMECULA TROPHY& DES RESOURCES OFC SUPPLIES: NAME BADGES: ECO DE CREDIT:TAX WITHHOLDING CASE 60301 CREDIT. -TAX WITHHOLDING CASE 60301 200119 2/20/2020 008440 LEER TRUCK ACCESSORY CTR PD COMM ENFORCEMENT TRUCK: INC SHELL 200120 2/20/2020 003726 LIFE ASSIST INC EMERGENCY MEDICAL EQUIP: MEDIC Amount Paid Check Total 27,295.16 27,295.16 27,295.16 6.12 4.35 250.00 227.85 75.63 71.31 19.36 130.24 35.62 424.22 5,625.00 7,255.64 471.68 43,180.10 205.52 131.50 30.00 24.47 17.40 -4.35 -6.12 2,578.41 407.00 81,885.48 10.47 250.00 227.85 166.30 165.86 424.22 5,625.00 7,727.32 43,180.10 337.02 30.00 31.40 2,578.41 407.00 Page6 apChkLst 02/20/2020 5:28:OOPM Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200121 2/20/2020 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS BRIGHT START FOR KIDS 200122 2/20/2020 004141 MAINTEX INC CUSTODIAL SUPPLIES: PARK SITES 200123 2/20/2020 021637 MATTRESS FIRM INC BED BOX SPRING: FIRE STA 73 200124 2/20/2020 015959 MEHEULA MUSIC BAL DUE:TEM PRESENTS PRODUCTIONS, AKA JAMESL. PERFORMANCES MARABOTTO 200125 2/20/2020 004043 MISSION ELECTRIC SUPPLY ELECTRICAL PEDESTAL: PRESLEY INC SLOPE ELECTRICAL SUPPLIES: PARKS PW ELECTRICAL SUPPLIES: PARKS PW ELECTRICAL SUPPLIES: PARKS PW ELECTRICAL SUPPLIES: PARKS PW 200126 2/20/2020 004040 MORAMARCO, ANTHONY J, ART WORKSHOPS:ARTS & CULTURE DBA BIGFOOT GRAPHICS 200127 2/20/2020 019019 MUSIC CONNECTION LLC SPEAKEASY AT THE MERC 2/14 200128 2/20/2020 002925 NAPA AUTO PARTS AUTO PARTS & SUPPLIES: TCC 200129 2/20/2020 021263 NCL INC, REFUND: SEC DEPOSIT CRC 12/2/19 MURRIETA-TEMECULA CHAPTER 200130 2/20/2020 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR 200131 2/20/2020 003964 OFFICE DEPOT BUSINESS SVS SUPPLIES:TCSD-PD SUBSTN HELP DIV CTR 200132 2/20/2020 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: FIRE-1-1315 200133 2/20/2020 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT: PW-STREET VEH REPAIR & MAINT: PW-STREET VEH REPAIR & MAINT: PW-PARKS 200134 2/20/2020 002105 OLD TOWN TIRE AND SERVICE VEH REPAIR & MAINT.TCSD-PK RNGR 200135 2/20/2020 010338 POOL & ELECTRICAL SUPPLIES:POOL FACILITIES PRODUCTS INC Amount Paid 105.00 4,783.25 92.06 5,000.00 1,560.37 1,375.64 438.37 63.69 52.22 400.00 451.50 176.98 200.00 65.00 38.94 3,304.14 484.50 171.32 38.66 79.59 86.67 Page: 7 Check Total 105.00 4,783.25 92.06 5,000.00 3,490.29 400.00 451.50 176.98 200.00 65.00 38.94 3,304.14 694.48 79.59 86.67 Page:? apChkLst Final Check List Page: 8 02/20/2020 5:28:OOPM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 200136 2/20/2020 005075 PRUDENTIAL OVERALL JAN FLR MAT/TWL/UNIFORM SVC:CITY SUPPLY FACS 200137 2/20/2020 021026 QUESTICA LTD BUDGET RPTS/PRJT MGNT: FINANCE 200138 2/20/2020 020429 REMOTE SATELLITE SYSTEMS JAN'20 SAT PH AIRTIME/MAR FEE:EOC INT'L 200139 2/20/2020 000418 RIVERSIDE CO CLERK & NTC EXEMPT LR17-1064, SHORT TERM RECORDER RENTALS 200140 2/20/2020 000268 RIVERSIDE CO HABITAT, JAN '20 K-RAT PAYMENT CONSERVATION AGENCY 200141 2/20/2020 004274 SAFE AND SECURE LOCKSMITH SVC:CIVIC CENTER LOCKSMITH SRVC LOCKSMITH SVC:THEATER LOCKSMITH SVC:CHILDREN'S MUSEUM 200142 2/20/2020 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 2/15 TEMECULA MUSIC ACADEMY 200143 2/20/2020 013911 SANTA ROSA PLATEAU FEB-JUN'20 SRP FIRE FUND -REBUILD NATURE, EDUCATION FOUNDATION 200144 2/20/2020 017699 SARNOWSKI SHAWNA M PRESTON 200145 2/20/2020 009213 SHERRY BERRY MUSIC 200146 2/20/2020 021620 SIEMENS MOBILITY INC 200147 2/20/2020 000645 SMART AND FINAL INC 200148 2/20/2020 000537 SO CALIF EDISON 200149 2/20/2020 014783 SOFTRESOURCES, LLC PHOTOGRAPHY:ACE-AOTW 2/7 JAZZ @ THE MERC 2/13 PRGSS INV: INSTALL LED STREETLIGHTS PRGSS INV: INSTALL LED STREETLIGHT PRGSS INV: INSTALL LED STREETLIGHT PRGSS INV: INSTALL LED STREETLIGHT SUPPLIES:HUMAN SERVICES JAN 2-01-202-7330 VARIOUS LOCATIONS JAN 2-36-171-5626 VARIOUS LOCATIONS JAN 2-42-298-2488 VARIOUS LOCATIONS JAN CONSULT SVC: FINANCE Amount Paid Check Total 811.44 4,100.00 280.00 50.00 905.00 94.25 72.50 55.00 832.50 500.00 150.00 685.00 141,826.00 4,728.80 2,366.40 1,304.00 171.01 55,854.41 17,295.66 12,606.31 13,135.00 811.44 4,100.00 280.00 50.00 905.00 221.75 832.50 500.00 150.00 685.00 150,225.20 171.01 85,756.38 13,135.00 Pages apChkLst 02/20/2020 5:28:OOPM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 200150 2/20/2020 000519 SOUTH COUNTY PEST EMERGENCY PEST CTRL:MEADOWS 94.00 CONTROL INC PK PEST CTRL SVC:FIRE-OTA 48.00 PEST CTRL SVC:FIRE-STA92 42.00 184.00 200151 2/20/2020 021642 SUSAN KELLY, OLD TOWN SPEAKER PROMO ITEMS: ECON DEV 110.00 110.00 SPICE & TEA MERC 200152 2/20/2020 005970 TEMECULA VALLEY PLAYERS ANNIE 2/6-16 THEATER 8,042.31 8,042.31 200153 2/20/2020 021096 TEMECULA VALLEY PONY REFUND SNACK BAR DEPOSIT 600.00 600.00 200154 2/20/2020 010046 TV CONVENTION &VISITORS DEC'19 IMPRV DISTRICT ASMNTS 113,839.31 113,839.31 BUREAU, DBA VISIT TEMECULA VALLEY 200155 2/20/2020 008977 VALLEY EVENTS INC RENTAL:HSVCS- HLTH FAIR 9/28 4,691.00 RENTAL:SANTA-OT 11/29-12/22 4,100.00 RENTAL:NYE GRAPE DROP 12/31 850.00 RENTAL:MAGIC ON MAIN ST 11/29-12/16 780.00 RENTAL:SANTA@TVM-WNTR SOLSTICE 250.00 RENTAL:BKFST W-SANTA 12/13-16/19 190.00 10,861.00 200156 2/20/2020 000319 VARSITY BRANDS HOLDING SUPPLIES: TCSD-SPORTS 1,674.77 1,674.77 CO INC, DBA BSNSPORTSTOMARKSPORTS 200157 2/20/2020 020275 WALLACE & ASSOC OCT CONST INSPECT.PW-LD/NPDES 23,560.00 CONSULTING INC NOV CONST INSPECT.PW-LD/NPDES 15,004.00 38,564.00 200158 2/20/2020 007987 WALMART SUPPLIES:CRC 448.64 SUPPLIES:CRC-TEEN ZONE 335.11 SUPPLIES:SKATE PARK 80.73 864.48 200159 2/20/2020 019375 WARD, ROSANNE REIMB: LCW SEMINAR 01/22/20 76.42 76.42 200160 2/20/2020 010487 WATSON, LUKE REIMB: LCW CONF 01/22-01/25 1,369.49 1,369.49 200161 2/20/2020 003730 WEST COAST ARBORISTS INC 12/16-12/31 TREE MAINT:TEMEKU 1,701.00 1,701.00 HILLS 200162 2/20/2020 013556 WESTERNAV EQUIP:CONF CTR-RM PARTITION 1,095.69 1,095.69 CENSOR Grand total for UNION BANK: 2,653,113.23 Page9 apChkLst Final Check List Page: 10 02/20/2020 5:28:OOPM CITY OF TEMECULA 128 checks in this report. Grand Total All Checks: 2,653,113.23 Page:10 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: March 10, 2020 SUBJECT: Adopt Ordinance 2020-02 Amending the 2019 California Building Code (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MANDATORY SWIMMING POOL SAFETY FEATURE BY REQUIRING AN APPROVED SWIMMING POOL ENCLOSURE FOR CERTAIN RESIDENTIAL SWIMMING POOLS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE 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. 2020-02 was first introduced at the regularly scheduled meeting of February 25, 2020. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO.2020-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MANDATORY SWIMMING POOL SAFETY FEATURE BY REQUIRING AN APPROVED SWIMMING POOL ENCLOSURE FOR CERTAIN RESIDENTIAL SWIMMING POOLS, AND AMENDING TITLE 15 OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The City Council hereby finds, determines and declares that: A. The City of Temecula has heretofore adopted and amended the 2019 edition of the California Building Code. B. Swimming pool safety requirements that were in prior editions of the California Building Code have been replaced by the California Swimming Pool Safety Act. C. The Swimming Pool Safety Act requires implementation of at least two of seven listed pool safety features as a condition of obtaining a pool construction permit for a private, single family home. Those pool safety features include an approved swimming pool enclosure. D. The City Council has determined that in order to more fully protect the public health and safety, particularly the safety of children, use of an approved pool enclosure should be one of the two required pool safety features. Section 2. Amendment. Section 15.04.020 of Chapter 15.04 of Title 15 of the Temecula Municipal Code is hereby amended by adding a new subsection "R" to read as follows: "R. Chapter 31 of the California Building Code is hereby amended by adding a new Section 3109.3 to read as follows: 3109.3 One (1) of the two (2) required pool safety features of the seven (7) specified in Health and Safety Code Section 115922, must be an enclosure that meets the requirements of Section 115923 of that Code. The second required pool safety feature must be one of the remaining six (6) features listed in Section 115922." Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance hereby adopted shall remain in full force and effect. Section 4. Certification. The City Clerk of the City of Temecula 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10th day of March, 2020. James Stewart, 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. 2020-02 was duly introduced by the City Council of the City of Temecula at a meeting thereof held on the 25th day of February, 2020, and was adopted by the City Council at a meeting thereof held on the 1 Oth day of March, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Approve the Sponsorship Agreement with Reality Rally, Inc. for the 2020 Reality Rally (At the Request of Subcommittee Members Mayor Stewart and Mayor Pro Tempore Edwards) PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the Sponsorship Agreement with Reality Rally, Inc. for in -kind support valued at $3,900 for City support and $11,415 for promotional services for the 2020 Reality Rally. BACKGROUND: Reality Rally has been a popular event for the past nine years, attracting thousands to the fundraiser to benefit Michelle's Place. Michelle's Place is a local non- profit organization serving the Temecula Valley, whose mission is to empower individuals and families impacted by cancer through education and support services. Staff received a sponsorship request from Reality Rally, Inc. to provide support for the 2020 Reality Rally to be held on May 16, 2020. The Economic Development Committee of the City Council (Mayor Stewart and Mayor Pro-Tem Edwards) met on April 4, 2019, to review the budget on this special event and recommended support at the levels indicated below. The event includes a one -day Reality Rally Challenge Race throughout Old Town. The challenge race will incorporate and highlight many of the local attractions in Old Town Temecula including the Old Town Temecula Community Theater and Temecula Valley Museum. Celebrity Reality TV show contestants will raise money to participate on teams and enjoy the amenities of Temecula during their weekend stay. FISCAL IMPACT: The City support costs of $3,900 and in -kind promotional services of $11,415 are included in the Fiscal Year 2019-20 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND REALITY RALLY, INC. THIS AGREEMENT is made and effective as of this 10' day of March, 2020, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Reality Rally, Inc., a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the annual Reality Rally (hereinafter referred to as the "Event") on May 16, 2020. The Event is a special event which is located throughout Old Town Temecula. b. The Event includes a one -day challenge type race throughout Old Town Temecula. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. e. The event will serve as a fundraiser with Michelle's Place, a local non-profit organization servicing the Temecula Valley, whose mission is to empower individuals and families impacted by cancer through education and support services. 2. TERM This Agreement shall commence on March 10, 2020, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Three Thousand Nine Hundred Dollars and No Cents ($3,900.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 01/06/2020 5. PERMITS The Nonprofit shall file an application for a Special Event Permit with the City no later than sixty (60) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 8. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by April 1, 2020, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply 01 /06/2020 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 01 /06/2020 f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 10. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 11. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Reality Rally, Inc. Attn: Gillian Larson 41893 Niblick Road Temecula, CA 92591 01 /06/2020 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 01 /06/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: REALITY RALLY, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: / G Ilian Larson, President President Peter M. Thorson, City Attorney NONPROFIT Reality Rally, Inc. Attn: Gillian Larson 41893 Niblick Road Temecula, CA 92591 (781) 962-8234 _gillian@realityrally.com City Purchasing Mgr. Initnd Date- r ��)_o 9 01/06/2020 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Reality Rally, Inc. shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers • City of Temecula logo/name on event t-shirt • 10 Reality Rally t-shirts "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 01/06/2020 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Reality Rally event. The following expenses can be anticipated for the event: Community Services: $ 3,400.00 Public Works: 500.00 TOTAL: ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the Reality Rally is as follows: Item Value Auto Mall Marque $ 3,115.00 Appears approximately once every 4 Y2 minutes Cable Channel $ 5,100.00 Event slide appears approximately once per hour for 30 seconds City Website $ 2,200.00 Event listing on the City of Temecula's event calendar Promotional Poster 1 000.00 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE $ 11,415.00 s 01 /06/2020 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Approve Sponsorship Agreement with JDS Creative Academy for the 2020 Digifest Temecula (At the Request of Subcommittee Members Mayor Stewart and Mayor Pro Tempore Edwards) PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the City Council approve the Sponsorship Agreement with JDS Creative Academy for City in -kind staff and facility support of the 2020 Digifest Temecula. BACKGROUND: Staff received a sponsorship request from JDS Creative Academy to provide in -kind promotional support for the 2020 Digifest Temecula to be held on April 19, 2020. The Economic Development Committee of the City Council (Mayor Stewart and Mayor Pro-Tem Edwards) met on April 4, 2019, to review the budget for this event and recommended support at the levels indicated in the attached agreement. Digifest Temecula will serve as a fundraiser with JDS Creative Academy, a local non-profit organization that inspires, educates, and enhances education and training in the visual, performing, and digital arts. The money raised from events goes into equipment, scholarships, materials, and new program development. Digifest Temecula consists of various digital gallery exhibits, renowned industry speakers, workshops, screenings, and a grand finale awards banquet. Digifest Temecula also offers a competition as part of the festival, which provides a unique opportunity for students, amateurs, and professionals to present their exceptional digital work in several digital media. Entry categories include Short Film & Video, Fine Art & Illustration, Photography, Animation, Music, Podcasts, Web Design and Gaming. FISCAL IMPACT: In -kind support valued at $845 in City support services and $11,415 in promotional services are included in the Fiscal Year 2019-20 Operating Budget of the various supporting departments. ATTACHMENTS: Agreement SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND JDS CREATIVE ACADEMY THIS AGREEMENT is made and effective as of this 101h day of March, 2020, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and JDS Creative Academy, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the 2020 Digifest Temecula (hereinafter referred to as the "Event") on April 19, 2020. The Event is a special event which is located in the Conference Center. b. The Event includes an awards banquet in the Conference Center. C. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on March 10, 2020, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Eight Hundred Forty -Five Dollars and No Cents ($845.00) and in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 01 /06/2020 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by March 27, 2020, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the -Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, 01 /06/2020 employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 01 /06/2020 9. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: JDS Creative Academy Attn: Diane Strand 28069 Diaz Road Ste D & E Temecula, CA 92590 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 01 /06/2020 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 01/06/2020 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney JDS CREATIVE ACADEMY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Diane Strand, Executive Director By: _A j�� UQ.e� Lynn CoPen, Event Co -Chair NONPROFIT JDS Creative Academy Attn: Diane Strand 28069 Diaz Road Ste D & E Temecula, CA 92590 951-296-6715 diane@jds-productions.com City Purchasing Pqr. Initials and Date• /� 01/06/2020 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR JDS Creative Academy shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers ■ City of Temecula logo/name on event t-shirt, if applicable • 10 Digifest Temecula t-shirts, if applicable "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. 01 /06/2020 EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the Digifest Temecula event. The following expenses can be anticipated for the event: Community Services: S845.00 TOTAL: 1AMN ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in -kind promotional assistance provided by The City of Temecula for the Digifest Temecula is as follows: Item Value Auto Mall Marque $ 3,115.00 Appears approximately once every 4'/z minutes Cable Channel $ 5,100.00 Event slide appears approximately once per hour for 30 seconds City Website $ 2,200.00 Event listing on the City of Temecula's event calendar Promotional Poster 1,000.00 42X66 poster displayed in the concourse at the Civic Center TOTAL VALUE $ 11,415.00 9 01/06/2020 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Approve License Agreement with the Temecula Valley Unified School District for the Use of City Real Property for Contractor Storage Yard PREPARED BY: Robert Cardenas, Administrative Services Manager RECOMMENDATION: That the City Council Approve a License Agreement with the Temecula Valley Unified School District for the Use of City Real Property for Contractor Storage Yard. BACKGROUND: The City of Temecula owns 2.38 acres of real property on La Serena Road, adjacent to Rancho Elementary School and across the street from Temeku Hills Park. The Temecula Valley Unified School District (TVUSD) desires to use the property as a construction storage yard and staging area for the construction of school facilities at Rancho Elementary School. In consideration of the services provided by TVUSD (and the cooperation between the City and TVUSD on other facilities), the City agrees to grant TVUSD a license to use the site for storage purposes, for no rental payment or license fee to the City. However, the City will require TVUSD to be responsible for the costs of utilities, including but not limited to water, gas, electricity, and telephones, if any, for the site. The term of the agreement will commence on June 1, 2020 and end September 30, 2021. The City Manager will be authorized to extend the term of the agreement. Either party may terminate the agreement for any reason, with or without cause, by providing a thirty (30) day prior written notice of termination to the other party. TVUSD will be responsible for providing security and the City will not be responsible for any damage to the TVUSD's (or its Contractor's) equipment and materials stored on the site. In addition, if the TVUSD or its contractors damage the site, the TVUSD will be responsible to restore and remedy the site or its equipment to its prior condition. FISCAL IMPACT: No fiscal impact. ATTACHMENTS: License Agreement LICENSE AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR USE OF CITY REAL PROPERTY FOR CONTRACTOR STORAGE YARD This License Agreement ("Agreement") is made and entered into as of February 4, 2020, between the City of Temecula, a municipal corporation ("City") and Temecula Valley Unified School District ("District"). In consideration of the mutual promises contain herein, the parties agree as follows: 1. Recitals. This License Agreement is made with respect to the following facts and for the following purposes, which each of the parties hereto acknowledge as true and correct: A. The City is the owner of 2.38 acres of real property in the City of Temecula located on La Serena Road adjacent to Rancho Elementary School, APN 953-050-001 ("Site"). B. The Site is shown on Exhibit "A", attached hereto and incorporated herein as though set forth in full. C. District desires to use the Site as a construction storage yard and staging area for the construction of school facilities at Rancho Elementary School. The City is willing to grant a license to District to use the Site for this purpose. D. The City and District desire to enter into this Agreement to provide the terms and conditions upon which District shall use the Site described below. 2. Right to Use Site. City hereby grants a license to District to use the Site, in accordance with and subject to the terms and conditions of this Agreement. 3. No Rent. In consideration of the services provided by District and the cooperation between the City and District on other facilities, District shall not pay rent or a license fee to the City. 4. Term of This License. A. Duration. The Term of this Agreement shall commence on June 1, 2020 and shall end September 30, 2021, subject to the early termination as provided in Subsection B of this Section. City Manager shall be authorized to extend the term of this Agreement B. Right to Terminate Agreement. Either party may terminate this Agreement for any reason, with or without cause, by providing a thirty (30) day prior written notice of termination to the other party. 11086/0004 2193034.1 5. Responsibilities of District. A. District shall use the Site for a temporary contractor's yard to store and stage its equipment and materials to be used in the construction of school facilities at the adjacent Rancho Elementary School, and for no other purposes. B. District shall be responsible for providing security for all of its or its contractors' equipment, materials or other property stored on the Site. City shall not be responsible for any graffiti, theft, vandalism or any other types of damage to District's or its Contractors' equipment and materials stored on the Site C. District has inspected the Site and takes it "as -is" for the term of this License. D. District may install temporary fencing and other security measures but shall not make any other modifications to the Site, without the prior written consent of the Director of Public Works. E. District shall be responsible for the costs of utilities, including but not limited to water, gas, electricity, and telephones, if any, for the Site. F. District shall maintain the Site, including equipment, in a clean and neat condition, free and clear of garbage, weeds, and debris. No dumping, storage of hazardous or toxic waste, nor the maintenance of any nuisance, public or private, shall be permitted. G. If District or its contractors damage the Site, District shall be responsible to restore and remedy the Site or its equipment to its prior condition. In addition, District shall pay City for any damage or injuries to the Site occasioned by District's or its contractors' negligence, misuse, or lack of ordinary care. H. Upon termination of this Agreement, District shall return the Site in as good as a condition and repair as the Site existed as of the date of this Agreement subject to reasonable wear and tear. 6. Insurance Requirements. District shall require all of its contractors using the Site to name the City of Temecula, Successor Agency to the Temecula Redevelopment Agency, Temecula Community Services District and their officers, officials, and employees as additional insured on all insurance policies required by the District's contracts with the contractors. 7. Indemnification. District agrees to defend, indemnify, protect and hold harmless the City, Successor Agency to the Temecula Redevelopment Agency, Temecula Community Services District and their officers, officials, and employees from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, Successor Agency to the Temecula Redevelopment Agency, Temecula Community Services District and their officers, agents, or employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of District's negligent or wrongful acts or omissions arising out of or in any way related to District's use or occupancy of the Site, the performance of or in connection with this License Agreement. 11086/0004 2193034.1 2 8. Legal Responsibilities. District and its contractors and agents shall comply with all rules and regulations governing the use and occupancy of the City and with applicable Federal, State and local laws, ordinances and regulations. If District fails to comply with such rules and regulations, the City has the right to immediately cancel this License Agreement without notice to District, such cancellation being effective as of the time and date of such noncompliance. 9. City's Reservation of Right of Entry. The City, through its Director of Public Works or his designee, shall have the right to enter the Site at all times during the period covered by this License Agreement in order to insure compliance with this License Agreement. 10. Liens. District shall not directly or indirectly create or permit to be created or to remain any mortgage, lien, encumbrance, charge or pledge of the Site. District shall defend, indemnify and hold City harmless, pursuant to Section 7 (Indemnification), from any liens that may attach to the Site from its use by District. 11. Notice. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, FedEx, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, addressed to the address of the party as set forth below or at any other address as that party may later designate by written notice to the other party. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. City: CITY OF TEMECULA 41000 Main Street Avenue Temecula, California 92590 Attention: City Manager District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 Attention: Superintendent 12. Assignment. District shall not assign its interest in this Agreement or in the Site to any person or entity without first obtaining the City Manager's written consent. Any assignment without the City Manager's prior written consent shall be voidable and, at the City Manager's election, shall constitute a default. 13. Lessor/Lessee: The relationship of the parties to this License Agreement shall be that of Lessor/Lessee and that in no event shall District be considered an officer, agent, servant or employee of the City. 14. Taxes. District shall pay any possessory interest taxes, and general and special assessments, if any, which may levied against the Site as a result of District's use of the Site. 11086/0004 2193034.1 3 15. Interpretation. Each party had the full opportunity to participate in the drafting of this Agreement and, therefore, the Agreement shall not be interpreted against any party on the ground that the party drafted the Agreement or caused it to be prepared. 16. Entire Agreement. Except for the Construction Agreement, this License Agreement is the entire agreement and understanding between the parties with respect to the subject matter of this License Agreement and this License Agreement supersedes any representations, or previous agreements, either oral or in writing, between the parties hereto with respect to the subject matter of this License Agreement. Any modifications of this License Agreement will be effective only if it is in writing and signed by the parties hereto. 17. Authority to Execute Agreement. The person executing this Agreement on behalf of the District warrants and represents to the City that this Agreement has been duly approved by the District and that all applicable notices and procedures were complied with and that he is duly authorized by the District to execute this Agreement on behalf of the District and has been duly authorized to do so. 11086/0004 2193034.1 4 In concurrence and witness whereof, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA, James Stewart Mayor Attest: Randi Johl City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney DISTRICT TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Nac• ra Hinkson Title: Board President k -yBy: (r -Z Nani .A Darling Title: Board Clerk 11086/0004 2193034.1 5 EXHIBIT "A" MAP SHOWING LOCATION OF SITE l l �;s T1Q"I UL•�1 property Report Created on: 6/20/2018 7:33:33 AM r ■ Acres: 1,57000005 Lot: Map No.: Land Value: 60 Structure Value: $0 From APN: 946050001 Taxability; 213 11086/0004 2193034.1 6 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Approve the Extension of Joint Use Agreements with the Temecula Valley Unified School District for Temecula Elementary School and Chaparral High School PREPARED BY: Robert Cardenas, Administrative Services Manager RECOMMENDATION: That the City Council: 1. Approve the Fifth Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School; and 2. Approve the Second Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Chaparral High School (Aquatic Facility). BACKGROUND: On January 27, 2004, the City of Temecula and the Temecula Valley Unified School District (TVUSD) entered into an Amended and Restated Joint Use Agreement ("Master Agreement"). The Master Agreement allows for the joint use of both entities to leverage limited facilities to best meet the educational and recreational needs of the community. Each leveraging opportunity is outlined in separate Joint Use Agreements (JUAs) subject to the Master Agreement. Currently, there are eight agreements between either the City and TVUSD and the Temecula Community Services District (TCSD) and TVUSD, as follows: 1. Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track 2. Joint Use of a Portion of Temecula Elementary School 3. Joint Use of a Portion of James L. Day Middle School 4. Joint Use of a Portion of Chaparral High School (Aquatic Facility) 5. Joint Use of a Portion of Crowne Hill Park 6. Joint Use of a Portion of Vail Ranch Middle School 7. Joint Use of Temecula Valley High School Gymnasium 8. Joint Use of School Tennis Courts The parties are currently negotiating the terms of a new Amended and Restated Joint Use Agreement. In the meantime, the Agreements regarding the joint use of a portion of Temecula Elementary School and the Chaparral High School (numbers 2 and 4 above) have expired and must be amended to extend the respective terms until December 31, 2020. Joint Use of a Portion of Temecula Elementary School On December 10, 1996, the City of Temecula and the TVUSD entered into a JUA for parking improvements, field, and pool renovations. The City uses the facilities to provide programming opportunities for the community. On August 26, 1997, the parties amended (First Amendment) the JUA to allow the City to install lights on the athletic fields. On October 21, 2003, the parties amended (Second Amendment) the JUA to provide greater use of the pool by the City and to include greater City maintenance responsibilities. On April 24, 2018, the parties amended (Third Amendment) the JUA to extend the agreement to December 31, 2018. On December 11, 2018, the parties amended (Fourth Amendment) the JUA to extend the agreement to December 31, 2019. The JUA expired on December 31, 2019. Over 330 individuals participate in City aquatics programs each summer at the Temecula Elementary School pool, and over 650 in youth and adult sports programs on the fields. Counting spectators and non -unique participants, the combined facilities see foot -traffic of over 32,000 visitors per year. Logistically, Margarita Community Park is adjacent to Temecula Elementary School. The City will soon begin construction on a new recreation center at Margarita Community Park (in place of the former YMCA building), including a pool. Construction of the new recreation center is anticipated to be completed in 2022. Joint Use of a Portion of Chaparral High School (Aquatic Facility) On October 19, 1999, the City of Temecula and the TVUSD entered into a JUA to jointly develop and utilize the aquatics facility on a portion of Chaparral High School to provide recreation and education programming opportunities for the community. On August 12, 2003, the agreement was amended to address the annual lease payment formula, priority schedule, and maintenance responsibilities between the two parties. The aquatic facility is available for public use during the summer (mid -June through mid -August (during TVUSD summer break). In addition to public swim, the City uses the facility for programming classes such as swim lessons, 100 Mile Swim, Fundamentals of Water Polo, and Deep Water Power Hour. The JUA expired on October 31, 2019. FISCAL IMPACT: These amendments will continue the existing expenditure and revenue impacts, which have been budgeted accordingly as part of the Annual Operating Budget and Capital Improvement Program process. ATTACHMENTS: 1. Fifth Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School 2. Second Amendment to the Agreement Between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Chaparral High School (Aquatic Facility) FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL This FIFTH AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL ("Fifth Amendment") is made and entered into as of December 18, 2019 by and between the City of Temecula, a municipal corporation ("City") and the Temecula Valley Unified School District ("District"). The City and District are referred to below collectively as the "parties". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS TO FIFTH AMENDMENT. This Fifth Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On December 10, 1996, the City and the District entered into that certain agreement entitled "Agreement Between the City of Temecula and Temecula Valley Unified School District for the Joint Use of a Portion of Temecula Elementary School (1996 Agreement"). b. On August 26, 1997, the City and the District entered into that certain First Amendment to the 1996 Agreement ("First Amendment"). Pursuant to said First Amendment, the parties set forth certain improvement and maintenance obligations of the City with respect to the City's joint use of a portion of Temecula Elementary School. C. On October 21, 2003, the City and the District entered into that certain Second Amendment to the 1996 Agreement ("Second Amendment"). Pursuant to the Second Amendment, the City and District amended Section 4, titled "Apportionment of Use of Property by City and District", to provide for greater use of the pool by the City, and to set forth the obligations of the parties regarding apportionment of the use of a portion of the Temecula Elementary School. The Second Amendment also set forth the respective maintenance obligations of the parties regarding said portion of the Temecula Elementary School. d. On April 24, 2018, the City and the District entered into that certain Third Amendment to the 1996 Agreement ("Third Amendment") extending the term to December 31, 2018. e. On December 11, 2018, the City and District entered into that certain Fourth Amendment to the 1996 Agreement ("Fourth Amendment") extending the term to December 31, 2019. f. The 1996 Agreement, as amended by the First, Second, Third, Fourth, and Fifth Amendments is referred to below as the "Agreement". g. The City and the District wish to enter into this Fifth Amendment to extend the term of the Agreement to December 31, 2020. -1- 11086-0111\2351157v1.doc 2. Section 3, titled "Term of the Agreement", is amended to read as follows: 3. Term of Agreement. The term of this Agreement is from December 1, 1996 through December 31, 2020; provided, however, that this Agreement may be amended by a writing executed by both parties. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement, as amended by the First through Fourth Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into this Fifth Amendment as of the date set forth above. CITY OF TEMECULA, a California municipal corporation By: James Stewart Ma-yor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 11086-0111\2351157v1.doc TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: J��- Tiffi-o-thy Ritter, perintendent ATTEST: By: -2- SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF CHAPARRAL HIGH SCHOOL (AQUATIC FACILITY) This Second Amendment to Agreement between the City of Temecula and the Temecula Valley Unified School District for Joint Use of a Portion of Chaparral High School (Aquatic Facility) ("Second Amendment") is made and entered into as of December 18, 2019 by and between the City of Temecula, a municipal corporation ("City") and the Temecula Valley Unified School District ("District"). The City and District are referred to below collectively as the "parties". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS TO SECOND AMENDMENT. This Second Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On October 19, 1999, the City and the District entered into that certain agreement entitled "Agreement Between the City of Temecula and Temecula Valley Unified School District for the Joint Use of a Portion of Chaparral High School" ("1999 Agreement"). b. On August 12, 2003, the City and the District entered into that certain Amendment No, 1 to the 1999 Agreement ("First Amendment'). Pursuant to said First Amendment, the parties set forth certain terns regarding the lease of improvements, apportionment of the use, and maintenance responsibilities with respect to the joint use by the parties of the Aquatic Facility at Chaparral High School. C. The 1999 Agreement, as amended by the First Amendment and this Second Amendment, is referred to below as the "Agreement'. d. The City and the District wish to enter into this Second Amendment to extend the term of the Agreement to December 31, 2020. 2. Section 2, titled "Term of the A reement", is amended to read as follows: 2. Term of A reement. The term of this Agreement shall begin on November 1, 1999 and shall terminate on December 31, 2020, unless sooner terminated or extended pursuant to the provisions of this Agreement. This Agreement may be amended by a writing executed by both parties. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement, as amended by the First Amendment, shall remain in full force and effect. [SIGNATURES ON NEXT PAGE] -1- 11086-0111 \2357381 v2.doc IN WITNESS WHEREOF, the parties hereto have entered into this Second Amendment as of the date set forth above. CITY OF TEMECULA, a California municipal corporation By: James Stewart,,Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By Peter M. Thorson, City Attorney 11086-0111\2357381v2.doc TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: imothy Ritte , Superintendent ATTEST: By: -2- Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: March 10, 2020 SUBJECT: Accept Improvements and File the Notice of Completion for Pavement Rehabilitation Program Citywide — Moraga Road, Yukon Road and La Serena Way, PW 19-06 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Chris White, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the improvements for the Pavement Rehabilitation Program Citywide — Moraga Road, Yukon Road and La Serena Way, PW 19-06, as complete; 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; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On September 10, 2019, the City Council awarded a construction contract to Onyx Paving Company, Inc. in the amount of $876,000 and authorized the City Manager to approve change orders not to exceed $87,600 to construct the Pavement Rehabilitation Program Citywide — Moraga Road, Yukon Road and La Serena Way, PW 19-06 (Project). The completed project rehabilitated the full width of Moraga Road, from Rancho California Road to Margarita Road, Yukon Road from Rancho California Road to Margarita Road, and La Serena Way from Margarita Road to Calle Pina Colada. The work consisted of grinding approximately 2" of the existing multi -layer wearing surface slurry seal and overlaying it with approximately the same thickness of hot mix asphalt concrete, reconstruction of ADA ramps, adjustment of existing utilities to grade, and replacing existing striping, pavement markers, and traffic signal loops. Onyx Paving Company, 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 January 30, 2020, the date the City obtained "beneficial use" of the Project. The retention for this project will be released pursuant to the provisions of Public Contract Code 7107. The final amount paid was $939,529, which includes the field measured quantities for the contract items that amounted to $864,248 and one contract change order for added work which totaled $75,281. FISCAL IMPACT: There is no fiscal impact associated with accepting the Project and filing of the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Onyx Paving Company, Inc. 2890 E. La Cresta Avenue, Anaheim, Ca. 92806, to perform the following work of improvement: Pavement Rehabilitation Program — Citywide Moraga Road, Yukon Road and La Serena Way, PW19-06 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 March 10, 2020. That upon said contract The International Fidelity Insurance Company, 2400 East Katella Avenue, Suite 250, Anaheim, Ca. 92806, 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: Pavement Rehabilitation Program - Citywide Moraga Road, Yukon Road and La Serena Way, PW19-06 6. The location of said property is: Moraga Road, Yukon Road and La Serena Way in the City of Temecula Dated at Temecula, California, this 10' day of March, 2020. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 10th day of March, 2020. City of Temecula Randi Johl, City Clerk SURETY BOND REVIEW FORM The attached surety bond(s) have been reviewed in the following amount(s): PROJECT: I PW19-06, Pavement Rehab Citywide - Solana Way, Moraga Rd., Yukon Rd., La Serena CONTRACTOR: I Onyx Paving Comvanv, Inc. SURETY BOND TYPE BOND NUMBER BOND AMOUNT International Fidelity Insurance Company Maintenance 0761283 $93,952.90 The surety company is ® is not ❑ an admitted company in the State of California: • Financial Strength Rating: A- -,Jilt • A.M. Best #: 0065�10 • NAIC #: 1 15a 2 ■ CA Company ID #: g541— 4 Insurance Verified By: Risk MahAgement Division Approved As to Form: Pete . Thorson, City Attorney NOTES: 4b24/d-10 Date Date 2/21/2020 International Fidelity Insurance Company - Company Profile - Best's Credit Rating Center International Fidelity Insurance Company AMB #: 000520 NAIC #: 11592 FEIN #: 221010450 Mailing Address 702 Oberlin Road Raleigh, NC 27605 United States Web: www.ific.com Phone: 973-624-7200 View Additional Address Information AM Best Rating Unit: AMB #: 018771 - IFIC Group Assigned to insurance companies that have, in our opinion, an excellent ability to meet their Financial Strength Rating T ongoing insurance obligations. 5A- excelloat View additional news, reports and products for this company, Based on AM Best's analysis, 046846 - Goose Creek Capital Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A- (Excellent) Financial Size Category: VIII ($100 Million to $250 Million) Outlook: Stable Action: Affirmed Effective Date: December 18, 2019 Initial Rating Date: June 30, 1922 Long -Term Issuer Credit Rating View Definition Long -Term: a- ratings.ambest.com/CompanyProfile.aspx?ambnum=483&URating ld=2948422&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=O&... 1 /5 2/21 /2020 International Fidelity Insurance Company - Company Profile - Best's Credit Rating Center Outlook: Stable Action: Affirmed Effective Date: December 18, 2019 Initial Rating Date: April 18, 2007 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Joni Cerbone Director: Jacqalene Lentz, CPA Note: See the Disclosure information Form or Press Release below for the office rating event. Disclosure Information Disclosure Information Form View AM Best's Rating Disclosure Form Rating History AM Best has provided ratings & analysis on this company Financial Strength Rating Effective Date Rating 12/18/2019 A- 5/15/2019 A- 4/26/2018 A- 3/31 /2017 A- 2/12/2016 A - Long -Term Issuer Credit Rating Effective Date Rating 12/18/2019 a- ratings.ambest.com/CompanyProfile.aspx?ambnum=483&U Rating Id=2948422&bl=0&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Portal=0&... 2/5 2/21/2020 International Fidelity Insurance Company - Company Profile - Best's Credit Rating Center 5/15/2019 a- 4/26/2018 a- 3/31 /2017 a- 2/12/2016 a - Related Financial and Analytical Data The following links provide access to related data records that AM Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name 018771 IFIC Group (SG) Rating Unit Company Description Represents the AM Best Consolidated financials for the Property/Casualty business of this legal entity. Best's Credit & Financial Reports Best's Credit Report - financial data included in Best's Credit Report reflects the data used in determining W' the current credit rating(s) for AM Best Rating Unit: AMB #: 018771 - IFIC Group. Best's Credit Report - Archive - reports which were released prior to the current Best's Credit Report. Best's Financial Report - financial data included in Best's Financial Report reflects the most current data V`',available to AM Best, including updated financial exhibits and additional company information, and is available to subscribers of Best's Insurance Reports. View additional news, reports and products for this company, ratings.ambest.com/CompanyProfile.aspx?ambnum=483&URatingld=2948422&bl=0&AltSrc=9&PPP=&AltNum=O&Ext User=&Ext Misc=&Portal=0&... 3/5 2/21/2020 International Fidelity Insurance Company - Company Profile - Best's Credit Rating Center Press Releases Date Apr 04, 2018 Mar 31, 2017 Nov 06, 2014 May 08, 2014 Title A.M. Best Comments on Credit Ratings of IFIC Group Members Following Announced Sale A.M. Best Revises Outlooks to Stable for Members of IFIC Group A.M. Best Removes Ratings of International Fidelity Insurance Co. and Subsidiary from Under Review; Assigns Negative Outlook A.M. Best Places Ratings of International Fidelity Insurance Company and Its Subsidiary Under Review With Negative Implications Find a Best's Credit Rating Enter a Company Name Advanced Search How to Get a A+ Best's Credit Rating Best's Credit Ratings Motile App (D Go European Union Disclosures A.M. 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Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. ratings.ambest.com/CompanyProfile.aspx?ambnum=483&URating Id=2948422&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 4/5 2/21/2020 International Fidelity Insurance Company - Company Profile - Best's Credit Rating Center Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. 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Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=483&U Rating Id=2948422&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=O& ... 5/5 2/21 /2020 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, NJ 07102-5207 Old Company Names Effective Date Agent For Service DOROTHY O'CONNOR-MANSON 2999 OAK ROAD SUITE 820 WALNUT CREEK CA 94597 Reference Information NAIC #: 11592 California Company ID Date Authorized in California: 02/09/1996 License Status: 7:16 Company Type: Property & Casualty State of Domicile: NEW JERSEY back to top NAIC Group List NAIC Group #: 0225 IAT Reins Co Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 California Department of Insurance https://interactive.web.insurance.ca.gov/companyprofi le/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=60972 1 /1 #19-236 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. —O7Ia12N MAINTENANCE BOND for PAVEMENT REHABILITATION PROGRAM - CITYWIDE SOLANA WAY, MORAGA ROAD, YUKON ROAD AND LA SERENA WAY PROJECT NO. PW19-06 KNOW ALL PERSONS BY THESE PRESENT THAT La Cresta Ave. Anaheim CA 92806 NAME AND ADDRESS OF CONTRACTOR a Cv o atlon (hereinafter called "Principal"), and (fill in whether a Corporation, Parinershlp, or ind€uidua1) Q!2ml2;anv, 2400 East Katella Ave. Suite 250 Anaheim CA 92806 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 Ninety Three Thousand Nine Hundred Fifty Two DOLLARS AND Ninety CENTS ($ Q 952.90 ) in lawful money of the United States, said sum being not less than ten percent of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 9th day of September , 20 19 , a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM — CITYWIDE, SOLANA WAY, MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06. 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 :30 day of , Sa,v,rM 20 20 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. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered, The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 3rd day of February , 2020 , (Seal) SURETY: Intern ti nal Fidelit urn ce Evmpany By: � ,Z C ; Kerissa Ricciardi (Name) _Attorney -in -Fact (Title) APPROVED AS TO FORM: A 7, 7 ulfltiv��� Pe r M. Thorson, City Attorney PRINCIPAL: Onyx Paving Company, Inc. By:d ' (Name) Ckb (Title) By; (Name) (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB-2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0 2AOC-1e On _ fe'b• 5, 2a20 before me, _ MA(24E AcYA A, NaTW Put_c.IC Date Here Insert Name and Title of the Officer personally appeared .. CoPe:[ AND ANA RR�Fnt7 ��— Nome(s) of Signerfs) _ 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(les), 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. 41AliW AI•ALA I certify under PENALTY OF PERJURY under the Commission N 2142913 laws of the State of California that the foregoing Noury v.oiic . coun, Lot ounly paragraph Is true and correct. Anpalt� C 9HYCOMAI 6 i,Feb +G. P02l1 WITNESS my hand and official seal. Signature V/4',Ld aaz�Place Notary Seal and/or Stamp Above Signature of Not ry Public Completing this Information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: k�'S.t�ia.3l4Sa1i,'i,4:t3:ise��'R��S��i'i��.��ScFi•.�f�'c�:f�>3%dEko-:�B'J�:f�RF�B:' . �s 020119 National Notary Association ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On February 3, 2020 before me, Joe D. Lowell, Notary Public (insert name and title of the officer) personally appeared Kerissa Ricciardi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JOE D. LOWELi. COMM...2166306j NOTARY PUBUO,MFOW —� co QWy ="EMCOUNTY Twm EV. Q*be 28, 2M Signature Z (Seal) POWER OF ATTORNEY Bond# 0761283 INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 201h Floor, Newark, New Jersey 07102-6207 PHONE: (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint ANDREW J. WATERBURY, KERISSA RICCIARDI, JAMES BALDASSARE, JR., JEREMY PENDERGAST Santa Ana, CA their true and lawful attorney(s)-In-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as If the same had been duly executed and acknowledged by their regularly elected officers at their principal Dfices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and Is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2016 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or'limited In their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizences, contracts of indemnity and other written obligations In the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of Joint -control custodians, agents for acceptance of process, and Attorneys -In -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the 9ignalure of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execulion of any bond, undertaking, recognizance, contract of Indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the ortginai signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same farce and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31 st day of December, 2018 3""o lrSTATE OF NEW JERSEY v}zyCounty of Essex :�"� "Y1904Kemiclli Chapman �Hy Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. . y't `r �r'' FIN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, A: a�''. New Jersey the day and year first above written. v v v 4 Aueu�c , :'� �. Shlrelle A, Oulley a Notary Public of New Jersey CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of INTERNATIONAL FIDFLM INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing Copy of the Power of Attomey and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth In said Power of Attorney, with the originals on file In the Dome office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the sold Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, February 3rd, 2020 A02699 a 1 �_ Irene Martins, Assistant Secretary Welpall CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for PAVEMENT REHABILITATION PROGRAM - CITYWIDE SOLANA WAY, MORAGA ROAD, YUKON ROAD AND LA SERENA WAY PROJECT NO. PW19-06 This is to certify that Onyx Paving Company, Inc. (hereinafter the "Contractor") declares to the City of Temecula, under oath, that helshelit 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 Ernproverrient known as PAVEMENT REHABILITATION PROGRAM — CITYWIDE, SOLANA WAY, MORAGA ROAD, YUKON ROAD AND LA SERENA WAY, PROJECT NO. PW19-06, situated in the City of Temecula, State of California, more particularly described as follows: Pavement Rehabilitation Program - Citywide Solana Way, Moraga Road, Yukon Rd. & La Serena Way, Temecula, CA ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description 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. CONTR OR: Dated. February. 13, 2020 By: Sign ture _Ana Raypon, Controller Print Name and Title RELEASE R-1 Item No. 10 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 25, 2020 CALL TO ORDER at 7:21 PM: President Schwank ROLL CALL: Edwards, Naggar, Rahn, Stewart, Schwank 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 Edwards, Second by Rahn. The vote reflected unanimous approval. 12. Approve the Action Minutes of February 11, 2020 Recommendation: That the Board of Directors approve the action minutes of February 11, 2020. 13. Approve Financial Statements for 1 st Quarter Ended September 30, 2019 Recommendation: That the Board of Directors receive and file the financial statements for the 1st Quarter Ended September 30, 2019. 14. Approve Second Amendment with Silverman Enterprises, Inc. dba BAS Security for Security Services Recommendation: That the Board of Directors approve the Second Amendment with Silverman Enterprises, Inc. dba BAS Security for additional security services in the amount of $215,000 for the balance of the agreement through June 2021. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:24 PM, the Community Services District meeting was formally adjourned to Tuesday, March 10, 2020, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 11 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Approve the Extension of Joint Use Agreements with the Temecula Valley Unified School District for Temecula Middle School and James L. Day Middle School PREPARED BY: Robert Cardenas, Administrative Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track; and 2. Approve the First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of a Portion of James L. Day Middle School. BACKGROUND: On January 27, 2004, the City of Temecula and the Temecula Valley Unified School District (TVUSD) entered into an Amended and Restated Joint Use Agreement ("Master Agreement"). The Master Agreement allows for the joint use of both entities to leverage limited facilities to best meet the educational and recreational needs of the community. Each leveraging opportunity is outlined in separate Joint Use Agreements (JUAs) subject to the Master Agreement. Currently, there are eight agreements between either the City and TVUSD and the Temecula Community Services District (TCSD) and TVUSD, as follows: 1. Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track 2. Joint Use of a Portion of Temecula Elementary School 3. Joint Use of a Portion of James L. Day Middle School 4. Joint Use of a Portion of Chaparral High School (Aquatic Facility) 5. Joint Use of a Portion of Crowne Hill Park 6. Joint Use of a Portion of Vail Ranch Middle School 7. Joint Use of Temecula Valley High School Gymnasium 8. Joint Use of School Tennis Courts The parties are currently negotiating the terms of a new Amended and Restated Joint Use Agreement. In the meantime, the Agreements regarding the joint use of a portion of Temecula Middle School and the James L. Day Middle School (numbers 1 and 3 above) have expired and must be amended to extend the respective terms until December 31, 2020. Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track On December 20, 1994, the TCSD and TVUSD entered into a JUA for the use of multi -purpose athletic fields and track at Temecula Middle School. The TCSD uses the facilities to provide programming opportunities for the community. The athletic fields include two (2) ball fields, one (1) soccer field and one (1) track area. The athletic fields continue to be used during after -school hours and on weekends, but usage does not conflict with existing school programs. The JUA expired on December 20, 2014. Joint Use of a Portion of James L. Day Middle School On April 13, 1999, the TCSD and the TVUSD entered into a JUA to jointly develop and utilize a portion of James L. Day Middle School for park, recreation, and education programming opportunities for the community. The TCSD's maintenance responsibilities include pertinent perimeter slope areas, two ball fields, turf field, irrigation equipment, and parking lot. Sports lighting is not available on the fields. Therefore, the fields are available from 4 pm to dusk Monday through Friday throughout the year. Yearly, two recognized youth leagues (Temecula Little League and Temecula Youth Baseball) use the ball fields from February to May and from August to November, serving approximately 250 participants per week. Temecula Valley Soccer Association uses the large grass area from March through May, serving approximately 420 participants per week. The JUA expired on April 13, 2019. FISCAL IMPACT: These amendments will continue the existing expenditure and revenue impacts, which have been budgeted accordingly as part of the Annual Operating Budget process. ATTACHMENTS: 1. First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of Temecula Middle School Multi - Purpose Athletic Fields and Track 2. First Amendment to the Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Joint Use of a Portion of James L. Day Middle School FIRST AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF TEMECULA MIDDLE SCHOOL MULTI -PURPOSE ATHLETIC FIELDS AND TRACK This First Amendment to Agreement Between the Temecula Community Services District and the Temecula Valley Unified District for Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track ("First Amendment") is made and entered into as of December 18, 2019 by and between the Temecula Community Services District "(TCSD") and the Temecula Valley Unified School District ("District"). The TCSD and District are referred to below collectively as the "parties". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS TO FIRST AMENDMENT. This First Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On December 20, 1994, the TCSD and the District entered into that certain agreement entitled "Agreement Between the Temecula Community Services District and the Temecula Valley Unified District for Joint Use of Temecula Middle School Multi -Purpose Athletic Fields and Track" ("1994 Agreement"). b. Pursuant to Section 8 of the 1994 Agreement, the term of the 1994 Agreement is for a period of twenty (20) years. Section 8 of the Agreement erroneously did not specify the beginning date and termination date, but based on the effective date of December 20, 1994 identified in the first paragraph of the 1994 Agreement, the Agreement commenced on December 20, 1994 and terminated on December 20, 2014. The parties, however, have continued their joint use of the Temecula Middle School Multi -Purpose Athletic Fields and Track pursuant to the terms of the 1994 Agreement. Pursuant to Section 8 of the 1994 Agreement, the "Agreement may be amended at any time by mutual consent of the parties, on ninety (90) days notice hereafter upon either party given written notice of its intention to amend." The TCSD and the District wish to enter into this First Amendment to extend the term of the Agreement from December 20, 2014 to December 31, 2020. Section 8 of the 1994 Agreement is amended to read as follows: 8. Term of Agreement. The term of this Agreement is from December 20, 1994 through December 31, 2020. This Agreement may be amended by a writing executed by both parties 2. Except for the changes specifically set forth in this First Amendment, all other terms and conditions of the 1994 Agreement shall remain in full force and effect. [Signatures on next page] -1- 11086-0111 \2357380v2.doc IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment as of the date set forth above. TEMECULA COMMUNITY SERVICES DISTRICT in Zak Schwank, President ATTEST By Ratt,Vdi Johl, Secretary APPROVED AS TO FORM: M Peter Thorson, General Counsel TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: i o by Ritter, u arintendent ATTEST: By: 11086-0111\2357380v2.doc -2- 0A%1g FIRST AMENDMENT TO AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR JOINT USE OF A PORTION OF JAMES L. DAY MIDDLE SCHOOL This First Amendment to Agreement Between the Temecula Community Services District and the Temecula Valley Unified District for Joint Use of a Portion of James L. Day Middle School ("First Amendment") is made and entered into as of December 18, 2019 by and between the Temecula Community Services District "(TCSD") and the Temecula Valley Unified School District ("District"). The TCSD and District are referred to below collectively as the "parties". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS TO FIRST AMENDMENT. This First Amendment is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. On April 13, 1999, the TCSD and the District entered into that certain agreement entitled "Agreement Between the Temecula Community Services District and the Temecula Valley Unified District for Joint Use of a Portion of James L. Day Middle School" (1999 Agreement"). b. Pursuant to Section 3 of the 1999 Agreement, the term of the 1999 Agreement is for a period of twenty (20) years beginning April 13, 1999 and terminating April 13, 2019. Pursuant to Section 3 of the 1999 Agreement, the TCSD also has the option to renew the term for ten years. Section 3 further provides that the "Agreement may be amended at any time by mutual consent of both parties." C. The TCSD and the District wish to enter into this First Amendment to extend the term of the Agreement from April 13, 2019 to December 31, 2020. Section 3, titled "Term of the Agreement", is amended to read as follows 3. Term of Agreement. The term of this Agreement is from April 13, 1999 through December 31, 2020. This Agreement may be amended by a writing executed by both parties. 2. Except for the changes specifically set forth in this First Amendment, all other terms and conditions of the 1999 Agreement shall remain in full force and effect. [SIGNATURES ON NEXT PAGE -1- 11086-0111\2357378v2 doc IN WITNESS WHEREOF, the parties hereto have entered into this First Amendment as of the date set forth above. TEMECULA COMMUNITY SERVICES DISTRICT By: Zak Schwank, President ATTEST: By Randi.Johl, Secretary APPROVED AS TO FORM. By: Peter Thorson, General Counsel TEMECULA VALLEY UNIFIED SCHOOL DISTRICT By: Timothy Ritte Sup intendent ATTEST: 11086-0111\2357378v2.doc -2- Item No. 12 ACTION MINUTES SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 25, 2020 CALL TO ORDER at 7:24 PM: Chair James Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart SARDA PUBLIC COMMENTS - None SARDA CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The electronic vote reflected unanimous approval. 15. Approve Financial Statements for 1st Quarter Ended September 30, 2019 Recommendation: That the Board of Directors receive and file the financial statements for the 1st Quarter Ended September 30, 2019. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 7:25 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, March 10, 2020, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, Chair ATTEST: Randi Johl, Secretary [SEAL] Item No. 13 CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: City Manager/City Council Members Executive Director/Board of Directors FROM: Greg Butler, Assistant City Manager/Assistant Executive Director DATE: March 10, 2020 SUBJECT: Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Heirloom Farms Development RECOMMENDATION: That the City Council/Board of Directors approve the deposit agreement and initiate the Community Facilities District (CFD) formation proceedings related to the Heirloom Farms Development and adopt resolutions entitled: RESOLUTION NO.2020— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT — HEIRLOOM FARMS RESOLUTION NO. TPFA 2020- 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 — HEIRLOOM FARMS BACKGROUND: MLC Holdings (MLC), 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 916-400-034 through 916-400-036, 916-400-039 and 916-400-060 (the "Property"). MLC 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 a CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act, as well as to fund 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. MLC has deposited 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 MLC from the proceeds of the Bonds issued by the Authority for the CFD. MLC acknowledges that it is pursuing the entitlement to develop the Property at risk, as the property's General Plan designation and Specific Plan do not currently allow for residential uses. The current property owner, Harveston SAB North, is pursuing a Specific Plan Amendment/General Plan Amendment (SPA/GPA) that would allow up to 1,000 units of residential development on the property. The SPA/GPA application is in process and is forecast to be considered by the City Council in June of 2020. MLC has opted to pursue both the entitlement approvals and CFD formation process at risk and concurrent with the property owner's processing of the requisite SPA/GPA in an effort to expedite their ability to commence development of the project. FISCAL IMPACT: The City has received an initial $75,000 deposit from MLC; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require MLC to deposit additional funds as necessary to cover all costs of formation. There is no Fiscal Impact to the Authority. ATTACHMENTS: 1. City Council Resolution 2. TPFA Resolution 3. Deposit/Reimbursement Agreement RESOLUTION NO.2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/ REIMBURSEMENT AGREEMENT — HEIRLOOM FARMS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. MLC Holdings, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $75,000.00 (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. 20-01 (Heirloom Farms)" (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 10th day of March, 2020. James Stewart, 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. 2020- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10th day of March, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. TPFA 2020- 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 — HEIRLOOM FARMS THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. MLC Holdings, Inc. (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $75,000.00 (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. 20-01 (Heirloom Farms)" (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 Albert A. Webb Associates 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, Bond Counsel and Disclosure 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 1 Oth day of March, 2020. James Stewart, 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 2020- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 1 Oth day of March, 2020, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 2/9/20 2/13/20 DEPOSIT/REIMBURSEMENT AGREEMENT Proposed Temecula Public Financing Authority Community Facilities District No. 20-01 (Heirloom Farms) 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. 20-01 (Heirloom Farms) (the "CFD"), and MLC Holdings, Inc., an Arizona 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 916-400-034 through 916-400-036, 916-400-039 and 916-400-060 (the "Property"); and WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act, as well as to fund 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" $75,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the 20009.18:J 16728 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 and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any 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 intent of the Authority to terminate proceedings under the Act with respect to the formation of -2- 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: 7,-Z`i- Zo Executed on: Executed on: 20009.18:J 16728 2020 2020 2020 DEVELOPER: MLC HOLDINGS, INC., an Arizona corporation By: Nick Emsiek, Vice President - Land Acquisition CITY: CITY OF TEMECULA By: Aaron Adams, City Manager AUTHORITY: TEMECULA PUBLIC FINANCING AUTHORITY, for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District 20-01 (Heirloom Farms) By: Aaron Adams, Executive Director [Signature page to Deposit/Reimbursement Agreement for Community Facilities District 20-01] -4- Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: March 10, 2020 SUBJECT: Introduce an Ordinance Amending Title 17 and Title 18 of the Temecula Municipal Code Related to Small Cell Wireless Facilities Located Within the Public Right - Of -Way and Adopt Resolution Regarding an Updated Policy for Small Wireless Facilities in the Public Right -Of -Way (Long Range Planning Application Number LR19-0498) PREPARED BY: Brandon Rabidou, Assistant Planner RECOMMENDATION: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (13)(3) 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN UPDATED POLICY FOR IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY SUMMARY OF ORDINANCE: An amendment to Title 17 & Title 18 of the Temecula Municipal Code that relocates a section of Title 17 pertaining to small wireless facilities within the public right-of-way to Title 18. BACKGROUND: On September 27, 2018, the Federal Communications Commission ("FCC") issued a Declaratory Ruling and Third Report ("FCC Ruling"), which became effective January 14, 2019. The purpose of the FCC Ruling was to simplify the expansion of next generation small wireless site facilities required for the expansion of 5G networks by removing state and local government barriers. The issue for jurisdictions is that the small wireless technology that will support next generation wireless networks require many smaller wireless sites in closer proximity to create a network. This is a departure from macro wireless sites that can cover a much larger area. The three key methods the FCC Ruling uses to accomplish its goal of increasing the deployment of next generation wireless networks are: • Allow only objective reasonable fees that local agencies are able to charge wireless carriers for placement of small wireless facilities in the public right-of-way; • Place a time limit on jurisdictions to consider and approve small wireless facilities applications; and • Limit non -fee regulations that impede new small wireless facility sites, including regulating aesthetics. The FCC Ruling reiterated Congress' intent to preempt state and local regulations that prohibit or have the effect of prohibiting telecommunications services, while acknowledging that Congress preserved state and local authority over the placement, construction, and modification of certain wireless facilities. Local jurisdiction regulations cannot discriminate among providers and, again, cannot prohibit or have the effect of prohibiting the provision of service. It is the City's intention to work closely with the carriers to develop solutions beneficial to all, while maintaining our local control of City right-of-way. On April 9, 2019, the City Council adopted an Urgency Ordinance that added a new section pertaining to small wireless facilities within the public right-of-way and a design policy for small wireless facilities to address the FCC's ruling. The City Council also adopted a policy on small wireless facilities in the public right-of-way. After further review, the City's consultant (Telecom Law Firm, PC) recommended that the City relocate the existing Municipal Code section related to small wireless facilities within the public right-of-way contained in Title 17 (Zoning) to Title 18 (Construction, Grading, and Encroachments). This change is necessary for two reasons. One, the FCC's ruling provides limits on costs, time, and the duration of reviews for small cells located within the public right-of-way. In order to meet all of these requirements, the City has determined that a unified encroachment permit is the most efficient way to approve the small cell permits. Encroachment permits are addressed in Title 18. Two, the Federal Government and FCC are expected to take further action related to small wireless facilities. These changes may further restrict the City's ability to regulate small wireless facilities in the public right-of-way. By moving the section related to small cells in the public right-of-way from Title 17 to Title 18, the City Council will be able to respond more quickly to policy, procedural, and legal changes. On February 5, 2020, the Planning Commission adopted a resolution (5-0) recommending that the City Council adopt the proposed ordinance amending Title 17 and Title 18. There was one speaker, representing Southern California Gas Company, who was neutral on the topic. In addition to the above ordinance changes, staff has worked with the consultant to develop a revised City Council Policy on Small Wireless Facilities in the Public Right -of -Way. This policy, which is designed to be amended efficiently, contains objective standards that small wireless facilities must comply with and are intended to maintain the City's aesthetic requirements, while still meeting the requirements of the FCC Ruling. The updated policy also includes a "preapproved design" section that will encourage high quality designs while still expediting the approval of small wireless facilities. FISCAL IMPACT: None ATTACHMENTS: 1. Ordinance 2. Resolution 3. Updated City Council Policy on Small Wireless Facilities 4. Planning Commission Staff Report 5. Planning Commission Resolution No. 2020-01 ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(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 amend Titles 17 and 18 of the Temecula Municipal Code to relocate the existing Section 17.04.260 ("Small Wireless Facilities in the Public Right -of - Way") to a new Chapter of Title 18 of the Temecula Municipal Code to be named Chapter 18.13 ("Small Wireless Facilities in the Public Right -of -Way"). B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on February 5, 2020, 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 Resolution No. 2020-01, recommending that the City Council approve the Title 17 and Title 18 amendments. D. The City Council, at a regular meeting, considered the Ordinance on March 10, 2020, 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 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 amendments to Title 17 and of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed amendments do not change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re -organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula's General Plan Community Design Policy 2.1 states, "Establish and consistently apply design standards and guidelines for both residential and non-residential development." Community Design Policy 4.2 states, "Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements." The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City's ability to apply design standards. 3. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City's ability to comply with the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are a simple reorganization, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Section 17.40.260 (Small wireless facilities in the public right-of-way) of Chapter 17.40 (Telecommunications Facility and Antenna Ordinance) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety. Section 5. Title 18 (Construction, Grading, and Encroachments) is amended to add a new Chapter 18.13 (Small wireless facilities in the public right-of-way) which reads as follows: "Chapter 18.13 Small Wireless Facilities in the Public Right -of -Way. Section 18.13.010 Permit Application. Section 18.13.020 Fees. Section 18.13.030 Severability. Section 18.13.010 Permit Application. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission ("FCC") in 47 C.F.R. § 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the City Council Policy on Small Wireless Facilities in the Public Right -of -Way, which shall be adopted and may be amended by City Council Resolution. All small wireless facilities shall comply with the City Council Policy on Small Wireless Facilities in the Public Right -of -Way. A standard City encroachment permit may also be required as a condition of small wireless facility permit approval. Section 18.13.020 Fees. Small wireless facilities shall pay the following fees, as applicable: A. $500 for non -recurring fees, including a single up -front application fee that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non -recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and B. $270 per small wireless facility per year for all recurring fees, including any possible right- of-way access fee or fee for attachment to municipally -owned structures in the right-of-way. C. The establishment of the above -referenced fees does not in any way affect the right of the City to (1) adopt a resolution amending any of the fees adopted in this Section if the City finds that the fees are insufficient to compensate the City for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in this Section; or (3) adopt an entirely different fee structure, including a market -based fee structure, in the event that any FCC Order is invalidated or modified in any way with respect to fees related to small wireless facilities. Section 18.13.030 Severability. In the event that any FCC Order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions set forth in Chapter 17.40 shall control over the Policy on Small Wireless Facilities in the Public Right -of -Way." Section 6. 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 7. 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 8. 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 , 2020. James Stewart, 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. 2020- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the loth day of March, 2020, 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 , 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO.2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN UPDATED POLICY FOR IMPLEMENTING DESIGN REQUIREMENTS FOR SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to California Constitution and the laws of the State of California, the City of Temecula ("City") may make and enforce within its city limits all local, police, and sanitary laws and other ordinances, resolutions and other regulations not in conflict with general laws for the preservation of the public health, safety, and welfare. Section 2. Applicable federal and state laws and regulations reserved to cities authority over the placement, construction, and modification of personal wireless facilities, including reasonable aesthetic and design regulations. Section 3. The City currently regulates wireless communications facilities via both the California Building Code, including requiring, an encroachment permit for wireless utilities within the right-of-way and reserving the ability to regulate further, provided such regulations are consistent with federal and state law. Section 4. On September 27, 2018, the Federal Communications Commission ("FCC") adopted a Declaratory Ruling and Third Report and Order, FCC 18-133, setting forth limitations on local government regulation of small cell wireless facilities in an effort to facilitate and remove barriers for the expansion of 5G technology, effective January 14, 2019 (the "FCC Ruling"). Section 5. The FCC Ruling allows local agencies to charge wireless carriers objective reasonable fees for small wireless facilities; imposes time limits (a "shot clock") on processing small cell applications; and limits non -fee regulations that could impede new small cell sites including aesthetic regulations. Section 6. The FCC ruling requires that, in order to be considered and not preempted by federal law and regulations, any aesthetic regulations for processing of small wireless facilities be reasonable, non-discriminatory, and objective and published in advance. Section 7. On April 9th, 2019, the City Council adopted Resolution 19-22 that included a policy on Small Wireless Facilities in the Public Right -of -Way which provided objective design standards, as well as basic parameters for small wireless facilities located within the public right- of-way. Section 8. Given the rapid and substantial changes in applicable law and regulations, the City Council finds that aesthetic and design regulations adopted through a policy that supplements Chapter 5.12 of the Temecula Municipal Code is a necessary and appropriate means to protect the public health, safety, and welfare — including the aesthetic character of the City, its neighborhoods, and community — from the potential harms caused by unregulated small wireless facilities and other infrastructure deployments, while balancing the benefits that flow from technological advancements such as advanced wireless services. Section 9. The City Council finds that is necessary to update the Small Wireless Facilities within the Public Right-of-way policy in order to further protect and promote public health, safety and welfare, promote community interest, ensure a balance between public and private and public interests, protect the City's visual character from adverse impacts, and/or visual blight created by small wireless facilities, protect the City's environmental resources, protect and preserve the City's public right-of-way and infrastructure, and promoting high -quality access to advanced wireless services for the City's residents, business, and visitors. Section 10. The Temecula City Council hereby adopts policies establishing design requirements for small wireless facilities in the public right-of-way (Attachment A). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 Oth day of March, 2020. ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor N STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2020- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 1 Oth day of March, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA Small Wireless Facilities in the Public Right -of -Way '1 The Heart of Southern California Wine Country Title: Small Wireless Facilities in the Public Issued: April 9, 2019 Right -of -Way Responsible Community Development/Public Works Revised: March 10, 2020 Dept./Division: Forms: Revised: Approval: Revised: CONTENTS SECTION 1. BACKGROUND AND INTRODUCTION ............................................... 2 SECTION 2. PURPOSE AND INTENT......................................................................3 SECTION 3. DEFINITIONS....................................................................................... 4 SECTION 4. APPLICABILITY....................................................................................9 SECTION 5. REQUIRED PERMITS AND APPROVALS ......................................... 10 SECTION 6. APPLICATION AND REVIEW PROCEDURES .................................. 10 SECTION 7. DECISIONS........................................................................................ 15 SECTION 8. CONDITIONS OF APPROVAL........................................................... 16 SECTION 9. LOCATION STANDARDS...................................................................24 SECTION 10. DESIGN STANDARDS....................................................................... 26 SECTION 11. PREAPPROVED DESIGNS................................................................ 38 Small Wireless Facility Policy page 1 / 39 SECTION 1. BACKGROUND AND INTRODUCTION In 1996, Congress adopted the Telecommunications Act to balance the national interest in advanced communications services and infrastructure with legitimate local government authority to enforce zoning and other regulations to manage infrastructure deployments on private property and in the public rights -of -way. Under section 704, which applies to personal wireless service facilities (i.e., cell sites), local governments retain all their traditional zoning authority subject to specifically enumerated limitations.' Section 253 preempts local regulations that prohibit or effectively prohibit telecommunication services (i.e., common carrier services) except competitively neutral and nondiscriminatory regulations to manage the public rights -of -way and require fair and reasonable compensation. Communication technologies have significantly changed since 1996. Whereas cell sites were traditionally deployed on tall towers and rooftops over low frequency bands that travel long distances, cell sites are increasingly installed on streetlights and utility infrastructure on new frequency bands that travel shorter distances. According to the Federal Communications Commission ("FCC") and the wireless industry, these so-called "small wireless facilities" or "small cells" are essential to the next technological evolution. The industry currently estimates that each national carrier will need to deploy between 30 and 60 small cells, connected by approximately 8 miles of fiber optic cable, per square mile. On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the "Small Cell Order"), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. In general, the Small Cell Order: (1) restricts the fees and other compensation state and local governments may receive from applicants; (2) requires all aesthetic regulations to be reasonable, no more burdensome than those applied to other infrastructure deployments, objective and published in advance; (3) mandates that local officials negotiate access agreements, review permit applications and conduct any appeals within significantly shorter timeframes; and (4) creates new evidentiary presumptions that make it more difficult for local governments to defend themselves if an action or failure to act is challenged in court. The regulations adopted in the Small Cell Order significantly curtail the local authority over wireless and wireline communication facilities reserved to State and local governments under sections 253 and 704 in the Telecommunications Act. Local zoning regulations cannot prohibit or effectively prohibit personal wireless services, unreasonably discriminate among functionally equivalent services or regulate based on environmental impacts from radiofrequency ("RF") emissions. In addition, local decisions must be made within a reasonable time and any denial requires a written decision based on substantial evidence in the written record. Small Wireless Facility Policy page 2 / 39 SECTION 2. PURPOSE AND INTENT (a) The City of Temecula ("City") intends this Policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's territorial and jurisdictional boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this Policy are intended to, and should be applied to, protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City's local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This Policy is also intended to reflect and promote the community interest by: (1) ensuring that the balance between public and private interests is maintained; (2) protecting the City's visual character from potential adverse impacts and/or visual blight created or exacerbated by small wireless facilities and related communications infrastructure; (3) protecting and preserving the City's environmental resources; (4) protecting and preserving the City's public rights -of -way and municipal infrastructure located within the City's public rights -of -way; and (5) promoting access to high -quality, advanced wireless services for the City's residents, businesses and visitors. (b) This Policy is intended to establish clear procedures for application intake and completeness review. The City of Temecula City Council ("City Council") finds that chronically incomplete applications significantly contribute to unreasonable delay and create barriers to infrastructure deployment. Chronically incomplete applications unfairly prejudice other applicants who may be prepared to submit complete applications for infrastructure in the same or substantially the same location. Chronically incomplete applications also place undue burdens on staff, who must closely track application status under short deadlines for a response imposed by federal regulations, and unfairly prejudice the City's ability to act on such applications within the "presumptively reasonable" timeframes established by the FCC. The provisions in this Policy afford applicants and City staff opportunities for direct, real-time communication about completeness issues to mitigate incomplete applications prior to submittal. The provisions in this Policy also encourage applicants to timely respond to incomplete notices. (c) This Policy is intended to establish regulations, standards and guidelines for all infrastructure deployments unless specifically prohibited by applicable law. The City Council recognizes that different infrastructure deployments may be managed through other mechanisms, such as franchise or license agreements. The City Council intends that the City official or department that administers such deployment shall apply the same aesthetic, maintenance and public safety regulations, standards and guidelines to the permit or other approval issued in connection with a request for authorization under such franchise, license or other agreement. The City Council also recognizes that different infrastructure Small Wireless Facility Policy page 3 / 39 deployments may have different impacts on the public rights -of -way that require different regulations, standards or guidelines to protect public health, safety and welfare. However, to the extent that different regulations, standards or guidelines are applied to small wireless facilities or other infrastructure deployments, the City Council intends that one set be no more burdensome that the other when viewed under the totality of the circumstances. (d) This Policy is not intended to, nor shall it be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) prohibit or effectively prohibit any entity's ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights -of -way management; (3) unreasonably discriminate among providers of functionally equivalent personal wireless services; (4) deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions; (5) prohibit any collocation or modification that the City may not deny under federal or California state law; (6) impose any unreasonable, discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or (7) otherwise authorize the City to preempt any applicable federal or California law. SECTION 3. DEFINITIONS The definitions in this Section 3 be applicable to the terms, phrases and words this Policy. Undefined terms, phrases or words will have the meanings assigned to them in 47 U.S.C. § 151 or, if not defined therein, will have the meaning assigned to them in Temecula Municipal Code or, if not defined in either therein, will have their ordinary meanings. If any definition assigned to any term, phrase or word in this Section 3 conflicts with any federal or state -mandated definition, the federal or state -mandated definition will control. "accessory equipment" means equipment other than antennas used in connection with a small wireless facility or other infrastructure deployment. The term includes "transmission equipment" as defined by the FCC in 47 C.F.R. § 1.6100(b)(8), as may be amended or superseded. "antenna" means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded. "batched application" means more than one application submitted at the same time by the same applicant with the intention that the City shall process the requests for authorization together as a group. "collector road" means a two-lane undivided roadway providing property access, and linking properties to secondary, major and principal arterials. The term "collector" as used Small Wireless Facility Policy page 4 / 39 in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "collocation" means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded. As defined by the FCC and adopted in this Policy, "collocation" means mounting or installing an antenna and/or accessory equipment on a pre-existing structure (whether such structure currently supports a small wireless facility or not) and/or modifying a structure in connection with such installation. "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. "decorative pole" means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights -of -way in which the pole is located. As an illustration, but not a limitation, the photographs below depict several existing decorative poles within the City: Small Wireless Facility Policy page 5 / 39 r, v- Small Wireless Facility Policy page 6 / 39 "Director" means the Director of Public Works or the Director's designee. "FCC" means the Federal Communications Commission or its duly appointed successor agency. "FCC Shot Clock" means the presumptively reasonable time frame, accounting for any tolling or extension, within which the City generally must act on a duly filed request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC and as may be amended or superseded. For small wireless facilities covered by this Policy, the FCC Shot Clock is 60 days for collocations, 90 days for new structures. For batched applications, the longest shot clock applicable to any small wireless facility in the batch shall be applicable to the entire batch (e.g., in a batch with four collocations and one new/replacement pole, the FCC Shot Clock would be 90 days for the entire batch even though the collocation applications would be 60 days if submitted on an individual basis). The FCC Shot Clock may be tolled for applications deemed incomplete by written notice within the first 10 days after submittal or resubmittal, provided that the missing or incomplete information is (1) a publicly stated requirement for a complete application and (2) specifically identified in the written notice. The FCC Shot Clock may also be tolled by mutual agreement between the City and the applicant. To avoid any ambiguity, the FCC Shot Clock merely establishes a presumptively reasonable time for the City to act on applications and this definition is not intended to mandate action by the City within less time than reasonably required by the nature and scope of the application. "limited secondary arterial" means a two-lane divided roadway with turn lanes where needed. Limited secondary arterials are secondary arterials that have lower volumes such that four -lanes are not needed. The term "limited secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "local street" means a two-lane roadway without medians. Centerline striping is typically not provided, curbside parking is allowed and minimum intersection spacing is approximately 200 feet. Local streets are not shown on the Circulation Plan. The term "local street" as used in this Policy is defined in the Temecula General Plan, Circulation Element. "major arterial" means a four -lane highway with raised landscaped medians. Major arterials complement the principal system by providing a medium capacity backbone system. Only limited access is provided, typically to commercial properties and not to residential properties. The term "major arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "ministerial permit" means any City -issued non -discretionary permit required to commence or complete any construction or other activity subject to the City's jurisdiction. Ministerial permits may include, without limitation, any building permit, construction Small Wireless Facility Policy page 7 / 39 permit, electrical permit, excavation permit, traffic control permit and/or any similar over- the-counter approval issued by the City's departments. "modified secondary arterial" means a four -lane separated roadway with no curb and gutter. Modified secondary arterials are designed to preserve the rural character of the surrounding areas. The term "modified secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "OTARD" means an "over -the -air reception device" and includes all antennas and antenna supports covered by 47 C.F.R. § 1.4000(a)(1), as may be amended or superseded. "personal wireless services" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "personal wireless service facilities" means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded. "principal arterial" means a six -lane highway with raised landscaped medians. Principal arterials act as main thoroughfares and provide access to major activity centers and to the regional freeway system. Direct access to adjacent properties is discouraged, except at signalized intersections. The term "principal arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "public right-of-way" or "public rights -of -way" means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes. "RF" means radio frequency or electromagnetic waves. "rural highway" means a two-lane undivided roadway. Rural highways provide property access and local circulation in rural areas. The term "rural highway" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. "secondary arterial" means a four -lane undivided roadway with turn lanes as needed. Secondary arterials are intended to carry traffic between local streets and principal or major arterials. They are similar to major arterials, with only limited access to adjacent properties. The term "secondary arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. Small Wireless Facility Policy page 8 / 39 "Section 6409" means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended or superseded. "shot clock days" means calendar days counted toward the presumptively reasonable time under the applicable FCC Shot Clock. The term "shot clock days" does not include any calendar days on which the FCC Shot Clock is tolled. As an illustration and not a limitation, if an applicant applies on February 1, receives a valid incomplete notice on February 5 and then resubmits on February 20, only four "shot clock days" have elapsed because the time between the incomplete notice and resubmittal are not counted. "small wireless facility" and "small cell" means the same as "small wireless facility" defined by the FCC in 47 C.F.R. § 1.6002(I), as may be amended or superseded. "support structure" means a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m), as may be amended or superseded. "technically infeasible" means a circumstance in which compliance with a specific requirement within this Policy is physically impossible and not merely more difficult or expensive than a noncompliant alternative. "underground district" means any area in the City within which overhead wires, cables, cabinets and associated overhead equipment, appurtenances and other improvements are either (1) prohibited by ordinance, resolution or other applicable law; (2) scheduled to be relocated underground within 18 months from the time an application is submitted; or (3) primarily located underground at the time an application is submitted. "urban arterial" means an eight -lane or ten -lane highway with raised landscaped medians. Urban arterials carry high volumes of regional and local traffic. Priority is given to through -traffic flow and access is generally limited to signalized intersections. The term "urban arterial" as used in this Policy is defined in the Temecula General Plan, Circulation Element, Table C-2, Roadway Classifications. SECTION 4. APPLICABILITY (a) Small Wireless Facilities. Except as expressly provided otherwise, the provisions in this Policy shall be applicable to all existing small wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy small wireless facilities within the public rights -of -way within the City's jurisdictional and territorial boundaries. (b) Other Infrastructure Deployments. To the extent that other infrastructure deployments, including without limitation any deployments that require approval pursuant to Temecula Municipal Code chapter 18.12 and/or chapter 5.12, as may be amended or superseded, involve the same or substantially similar structures, Small Wireless Facility Policy page 9 / 39 apparatus, antennas, equipment, fixtures, cabinets, cables or improvements, the Director shall apply the provisions in this Policy for other infrastructure deployments unless specifically prohibited by applicable law. SECTION 5. REQUIRED PERMITS AND APPROVALS (a) Encroachment Permit. An encroachment permit, subject to the Director's review and approval in accordance with this Policy, shall be required for all small wireless facilities and other infrastructure deployments located in whole or in part within the public rights -of -way. (b) Exemptions. Notwithstanding anything in this Policy to the contrary, an encroachment permit shall not be required for: (1) wireless facilities or other infrastructure deployments owned and operated by the City for its use; (2) OTARD facilities; (3) requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be subject to the current FCC rules and regulations "eligible facilities requests" as defined by FCC and as may be amended or superseded. (c) Other Permits and Approvals. In addition to an encroachment permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or other approvals issued by other the City departments or divisions. Any encroachment permit granted under this Policy shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. Furthermore, and to avoid potential confusion, an exemption from the encroachment permit requirement under Section 5(b) does not exempt the same wireless facilities or other infrastructure deployments from any other permits or approvals, which includes without limitation any ministerial permits from the City. SECTION 6. APPLICATION AND REVIEW PROCEDURES (a) Application Requirements for Small Wireless Facilities. In addition to any other publicly -stated requirements, all encroachment permit applications for small wireless facilities must include the following information and materials: (1) Application Form. The applicant shall submit a complete, duly executed encroachment permit application on the then -current form prepared by the Director. Small Wireless Facility Policy page 10 / 39 (2) Application Fee. The applicant shall submit the applicable encroachment permit application fee established by City Council resolution. Batched applications must include the applicable encroachment permit application fee for each small wireless facility in the batch. If no encroachment permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 10 days after the City issues a written demand for reimbursement. (3) Construction Drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, hand holes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must: (i) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions; (ii) identify all potential support structures within 300 feet from the proposed project site and call out such structures' overall height above ground level; (iii) depict the applicant's preliminary plan for electric and data backhaul utilities, which shall include the anticipated locations for all conduits, cables, wires, hand holes, junctions, transformers, meters, disconnect switches, and points of connection; and (iv) demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders. (4) Site Survey. For any small wireless facility, the applicant shall submit a survey prepared, signed and stamped by a licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 75 feet from the proposed project site and any new improvements, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below -grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks and other street furniture; and (viii) existing trees, planters and other landscaping features. Small Wireless Facility Policy page 11 / 39 (5) Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed small wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. At least one simulation must depict the small wireless facility from a vantage point approximately 50 feet from the proposed support structure or location. The photo simulations and vicinity map shall be incorporated into the construction plans submitted with the application. (6) Project Narrative and Justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed facility qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. § 1.6002(I). A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met —bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (i) whether and why the proposed support is a "structure" as defined by the FCC in 47 C.F.R. § 1.6002(m); and (ii) whether and why the proposed small wireless facility meets each required finding for an encroachment permit as provided in Section 7(c). (7) RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed small wireless facility, both individually and cumulatively with all other emitters that contribute more than 5% to the cumulative emissions in in the vicinity (if any), will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the Director. The RF report must include the actual frequency and power levels (in watts effective radiated power) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site. If the applicant submits a batched application, a separate RF report shall be prepared for each facility associated with the batch. (8) Regulatory Authorization. The applicant shall submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the small wireless facility proposed in the application. (9) Pole License Agreement. For any small wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights -of -way, the applicant shall submit an executed Pole License Small Wireless Facility Policy page 12 / 39 Agreement on a form prepared by the City that states the terms and conditions for such non-exclusive use by the applicant. No changes shall be permitted to the City's Pole License Agreement except as may be (i) indicated on the form itself or (ii) approved on a case -by -case basis by the City Manager (or his or her designee), provided that the City Attorney concurs that such change does not affect a material term or expose the City to an undue risk considering the nature of the licensee, licensed infrastructure and proposed use(s). Any unpermitted changes to the City's Pole License Agreement shall be deemed a basis to deem the application incomplete. Refusal to accept the terms and conditions in the City's Pole License Agreement shall be an independently sufficient basis to deny the application without prejudice. (10) Title Report and Property Owner's Authorization. For any small wireless facility proposed to be installed on any private property not owned or controlled by the City, whether in whole or in part, the applicant must submit: (i) a title report issued within 30 days from the date the applicant filed the application; and (ii) if the applicant is not the property owner, a written authorization signed by the property owner identified in the title report that authorizes the applicant to submit and accept an encroachment permit in connection with the subject property. For any small wireless facility proposed to be installed on a support structure in the public right-of-way, the applicant must submit the support structure identification number, the FCC identification number, if applicable, and a written authorization from the support structure owner(s). (11) Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by a licensed engineer for the proposed small wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the City's noise regulations. The acoustic analysis must also include an analysis of the manufacturers' specifications for all noise -emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits. (12) Global Position System Coordinates and Other Wireless Carriers. All applications for installation shall include accurate global position system coordinates in degrees, minutes, and seconds format and the name and contact information of other collocated wireless carrier(s) if applicable. (b) Voluntary Presubmittal Conference. The City strongly encourages, but does not require, applicants to schedule and attend a presubmittal conference with the Director and other City staff. This voluntary, presubmittal conference does not cause the FCC Shot Clock to begin and is intended to streamline the review process through collaborative, informal discussion that includes, without limitation, Small Wireless Facility Policy page 13 / 39 the appropriate project classification and review process; any latent issues in connection with the proposed project and/or project site, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments implicated by the proposed project; and application completeness issues. Presubmittal conferences are especially encouraged when an applicant seeks to submit one or more batched applications so that the Director may advise the applicant about any staffing or scheduling issues that may hinder the City's ability to meet the presumptively reasonable timeframes under the FCC Shot Clock. To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications, plans, maps or other materials so that City staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable in their then -current form. The Director will use reasonable efforts to provide the applicant with an appointment within approximately five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the staff time and services rendered in the presubmittal conference. (c) Submittal Appointments. All applications must be submitted in person to the City at a pre -scheduled appointment with the Director. Prospective applicants may generally submit one application per appointment, or up to five individual applications per appointment as a batch. Potential applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants for any other development project as determined by the Director. The Director shall use reasonable efforts to offer an appointment within five working days after the Director receives a written request from a potential applicant. Any purported application received without an appointment, whether delivered in -person, by mail or through any other means, will not be considered duly filed, whether the City retains, returns or destroys the materials received. (d) Incomplete Applications Deemed Withdrawn. Any application governed under this Policy shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the Director within 60 calendar days after the Director deems the application incomplete by written notice. As used in this subsection (d), a "substantive response" must include, at a minimum, some or all the materials identified as incomplete in the written incomplete notice. (e) Additional Administrative Requirements and Regulations. The City Council authorizes the Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Director finds necessary, appropriate or useful for processing any application governed under this policy. The Director further authorizes the Director to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for Small Wireless Facility Policy page 14 / 39 appointments and/or submittals without appointments, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such requirements, materials, rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. SECTION 7. DECISIONS (a) Administrative Decision. The Director shall act on a complete and duly filed encroachment permit application. The Director's decision to approve or deny an application shall not require a public hearing. (b) Decision Notice. Within five calendar days after the Director acts on an encroachment permit application, the Director shall provide written notice to the applicant. If the Director denies an application (with or without prejudice) for a small wireless facility, the written notice must also contain the reasons for the denial. The reasons for denial should be clear enough to enable a reasonable person to understand which codes, ordinances, regulations or other legal requirements the application failed to meet. (c) Required Findings for Approval. The Director may approve or conditionally approve a complete and duly filed application for an encroachment permit when the Director finds: (1) the proposed project complies with all applicable design standards in this Policy; (2) the proposed project would be in the most preferred location within 300 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more -preferred location(s) within 300 feet would be technically infeasible; (3) the proposed project would not be located on a prohibited support structure identified in this Policy; (4) the proposed project would be on the most preferred support structure within 300 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more -preferred support structure(s) within 300 feet would be technically infeasible; (5) if the proposed project involves a wireless facility, the proposed project fits within the definition for a "small wireless facility" as defined by the FCC; and (6) if the proposed project involves a wireless facility, the applicant has demonstrated that the proposed project will be in planned compliance with all Small Wireless Facility Policy page 15 / 39 applicable FCC regulations and guidelines for human exposure to RF emissions. (d) Conditional Approvals; Denials Without Prejudice. Subject to any applicable federal or California laws, nothing in this Policy is intended to limit the Director's ability to conditionally approve or deny without prejudice any encroachment permit application as may be necessary or appropriate to ensure compliance with this Policy, any public health and safety requirements or any other applicable code, ordinance, regulation or other legal requirement. SECTION 8. CONDITIONS OF APPROVAL (a) Standard Conditions. Except as may be authorized in subsection (b), all encroachment permits issued under this Policy shall be automatically subject to the conditions in this subsection (a). (1) Permit Term. The authorization for this small wireless facility will automatically expire 10 years and one day from its issuance unless California Government Code § 65964(b) authorizes the City to establish a shorter term for public safety reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed -granted or deemed -approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. (2) Permit Renewal. Not more than one year before the term of authorization for this facility expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject small wireless facility or other infrastructure deployment complies with all the conditions of approval associated with this encroachment permit and all applicable provisions in the Temecula Municipal Code and this Policy that exist at the time the decision to renew or not renew is rendered. The Director may modify or amend the conditions on a case -by - case basis as may be necessary or appropriate to ensure compliance with the Temecula Municipal Code, this Policy or other applicable law. Upon renewal, the authorization for the facility will automatically expire 10 years and one day from its issuance. (3) Post -Installation Certification. Within 60 calendar days after the permittee commences full, unattended operations of a small wireless facility or other infrastructure deployment approved or deemed -approved, the permittee shall provide the Director with documentation reasonably acceptable to the Director that the small wireless facility or other infrastructure deployment has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as -built drawings, GIS data and site photographs. Small Wireless Facility Policy page 16 / 39 (4) Build -Out Period. This encroachment permit will automatically expire six (6) months from the approval date (the "build -out period") unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved small wireless facility or other infrastructure deployment, which includes without limitation any permits or approvals required by the any federal, state or local public agencies with jurisdiction over the subject property, support structure or the small wireless facility or other infrastructure deployment and its use. The permittee may request in writing, and the City may grant in writing, one six-month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for a six-month extension. If the build -out period and any extension finally expires, the permit shall be automatically void but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project. (5) Site Maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this encroachment permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred. If the permittee fails to remediate the graffiti or other vandalism within the 48-hour period, the City may (but shall not have the obligation to) perform the remediation at the permittee's cost, and the permittee shall reimburse the City for all actual and documented costs within 10 business days after a written request for reimbursement from the City. (6) Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the small wireless facility or other infrastructure deployment or any use or activities in connection with the use authorized in this encroachment permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Temecula Municipal Code, this Policy any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Temecula Municipal Code, this Policy, any permit, any permit condition or any applicable law or regulation. Small Wireless Facility Policy page 17 / 39 (7) Adverse Impacts on Other Properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee's or its authorized personnel's construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. Construction shall be scheduled and conducted so as to minimize interference with public use of the right-of-way including access to the right-of-way from private property. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Temecula Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare an emergency within the City. The Director may issue a stop work order for any activities that violates this condition in whole or in part. (8) Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City's officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City's officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City's officers, officials, staff or other designees while any such inspection or emergency access occurs. (9) Permittee's Contact Information. Within 10 days from the final approval, the permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the small wireless facility or other infrastructure deployment, which includes without limitation such person's full name, title, direct telephone number, facsimile number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the City with updated contact information if either the responsible person or such person's contact information changes. (10) Indemnification. The permittee and, if applicable, the property owner upon which the small wireless facility or other infrastructure deployment is installed shall defend, indemnify and hold harmless the City, City Council and the City's boards, commissions, agents, officers, officials, employees and volunteers (collectively, the "indemnitees") from any and all (i) damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, Small Wireless Facility Policy page 18 / 39 writs and other actions or proceedings ("claims") brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City's approval of this encroachment permit, and (ii) other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee's or its agents', directors', officers', employees', contractors', subcontractors', licensees' or customers' acts or omissions in connection with this encroachment permit or the small wireless facility or other infrastructure deployment. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee's indemnification obligations under this condition are a material consideration that motivates the City to approve this encroachment permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this encroachment permit. (11) Performance Bond. Before the City issues any permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities or other infrastructure removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the small wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove the small wireless facility or other infrastructure deployment to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject small wireless facility or other infrastructure deployment in accordance with this condition. (12) Permit Revocation. Any permit granted under this Policy may be revoked in accordance with the provisions and procedures in this condition. The Director may initiate revocation proceedings when the Director has information that the facility may not be in compliance with all applicable laws, which includes without Small Wireless Facility Policy page 19 / 39 limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before any public hearing to revoke a permit granted under this Policy, the Director must issue a written notice to the permittee that specifies (i) the facility; (ii) the violation(s) to be corrected; (iii) the timeframe in which the permittee must correct such violation(s); and (iv) that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). A permit granted under this Policy may be revoked only by the City Council after a duly notice public hearing. The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation. (13) Record Retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the encroachment permit application, encroachment permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the encroachment permit (collectively, "records"). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the City's regular files will control over any conflicts between such City -controlled copies or records and the permittee's electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record -retention obligations under applicable law. (14) Abandoned Facilities. The small wireless facility or other infrastructure deployment authorized under this encroachment permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small wireless facility or other infrastructure deployment is abandoned or deemed abandoned, the permittee and/or property owner shall completely Small Wireless Facility Policy page 20 / 39 remove the small wireless facility or other infrastructure deployment and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Temecula Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligations under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities. (15) Landscaping. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee's direction on or about the site. If any trees are damaged or displaced, the permittee shall hire and pay for a licensed arborist to select, plant and maintain replacement landscaping in an appropriate location for the species. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (16) Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee's request for authorization to construct, install and/or operate the small wireless facility will cause the City to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the small wireless facility or other infrastructure deployment; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs 10 days after a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the City shall have the right to withhold any permits or other approvals in connection with the small wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee. (17) Future Undergrounding Programs. Notwithstanding any term remaining on any encroachment permit, if other utilities or communications providers in the public rights -of -way underground their facilities in the segment of the public rights -of -way where the permittee's small wireless facility or other infrastructure deployment is located, the permittee must also underground its equipment, except the antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt Small Wireless Facility Policy page 21 / 39 from this condition. Small wireless facilities and other infrastructure deployments installed on wood utility poles that will be removed pursuant to the undergrounding program may be reinstalled on a streetlight that complies with the City's standards and specifications. Such undergrounding shall occur at the permittee's sole cost and expense except as may be reimbursed through tariffs approved by the state public utilities commission for undergrounding costs. (18) Electric Meter Upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground -mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground -mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment. (19) Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may: (A) change any street grade, width or location; (B) add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or (C) perform any other work deemed necessary, useful or desirable by the City (collectively, "City work"). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in this encroachment permit. If the Director determines that any City work will require the permittee's small wireless facility located in the public rights -of -way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee's small wireless facility or other infrastructure deployment within a reasonable time after the Director's notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee's sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee's small wireless facility or other infrastructure deployment without prior notice to permittee when the Director determines that City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after a written demand for reimbursement and reasonable documentation to support such costs. (20) Truthful and Accurate Statements. The permittee acknowledges that the City's approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee's behalf. In any matter before the City in connection with the encroachment permit or the small wireless facility or Small Wireless Facility Policy page 22 / 39 other infrastructure approved under the encroachment permit, neither the permittee nor any person authorized to act on permittee's behalf shall, in any written or oral statement, intentionally provide material factual information that is incorrect or misleading or intentionally omit any material information necessary to prevent any material factual statement from being incorrect or misleading. (21) Underground Conduit. Permittee shall utilize existing conduit whenever possible in accordance with Temecula Municipal Code Section 5.12.160. Permittee shall investigate all existing facilities by other utilities to determine whether any excess capacity in any existing conduit is available on reasonable terms and conditions. No excavation for new conduit shall be permitted until and unless permittee certifies in a written statement the efforts made by permittee to evaluate shared conduit opportunities and that no excess capacity in any existing conduit is available on reasonable terms and conditions. New underground telecommunications and electrical conduit shall be placed behind curb in accordance with City Standard Drawing 609 and the shallowest conduit installed shall be at least 30 inches below finished grade. (22) Trenches and Excavation. Permittee shall use directional bores rather than open -trench excavation whenever possible, unless the Director approves a different alternative conduit installation method. When an open -trench excavation is permitted, trench repair shall comply with City Standard Drawings 407 and 407A. All excavations shall be permanently paved at the end of each workday with a hot mix asphalt concrete base course flush with adjacent pavement. Temporary asphalt concrete pavement shall not be used. After any trench repair is completed, permittee shall submit to the Director a compaction report prepared by a geotechnical report. (23) Traffic Control Plan. Prior to any work commenced in the public rights -of -way, permittee shall submit a traffic control plan for the Director's review and approval. (24) Dust and Water Discharge Control. Construction sites shall be watered at least twice daily to control dust caused by site preparation and construction activities. Watering intervals shall be increased whenever wind speeds exceed 15 miles per hour. Where feasible, reclaimed water shall be used for this purpose. Cover all trucks hauling soil, sand, paving materials, and other loose materials or require all trucks to maintain at least two (2) feet of space between the top of the load and the top of the trailer. Streets shall be swept at the end of each workday if soil, sand, or other material has been carried onto adjacent paved streets or sidewalks. When feasible, streets shall be swept using reclaimed water. Best Management Practices shall be used to prevent oil, dirt, and other materials from construction equipment or activity from washing into the City storm drainage system. Water discharge resulting from both Small Wireless Facility Policy page 23 / 39 construction and underground facility drainage shall comply with National Pollutant Discharge Elimination System ("NPDES") regulations. (b) Modified Conditions. The City Council authorizes the Director to modify, add or remove conditions to any encroachment permit as the Director deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions in subsection (a) to the particular facts and circumstances associated with the deployment; and/or (3) memorialize any changes to the proposed deployment need for compliance with the Temecula Municipal Code, this policy, generally applicable health and safety requirements and/or any other applicable laws. To the extent required by applicable FCC regulations, the Director shall take care to ensure that any different conditions applied to small wireless facilities are no more burdensome than those applied to other infrastructure deployments. SECTION 9. LOCATION STANDARDS (a) Location Preferences. To better assist applicants and decision makers understand and respond to the community's aesthetic preferences and values, this subsection sets out listed preferences for locations to be used in connection with small wireless facilities in an ordered hierarchy. Applications that involve lesser - preferred locations may be approved so long as the applicant demonstrates by clear and convincing evidence in the written record that either (1) no more preferred locations or structures exist within 300 feet from the proposed site; or (2) any more preferred locations or structurers within 300 feet from the proposed site would be technically infeasible as supported. The City prefers small cells in the public rights -of -way to be installed in locations, ordered from most preferred to least preferred, as follows: (1) locations within industrial districts, office districts or commercial districts on or along urban, principal or major arterials; (2) locations within industrial districts, office districts or commercial districts on or along secondary, modified secondary or limited secondary arterials; (3) locations within industrial districts, office districts or commercial districts on or along collectors or rural highways; (4) locations within industrial districts, office districts or commercial districts on or along local streets; (5) locations within residential districts on or along urban, principal or major arterials; (6) locations within residential districts on or along secondary, modified secondary or limited secondary arterials; Small Wireless Facility Policy page 24 / 39 (7) locations within residential districts on or along collectors or rural highways; (8) locations within residential districts on or along local streets; (9) any location within 300 feet from an existing small wireless facility; (10) any location within 300 feet from any structure approved for a residential use. (b) Prohibited Support Structures. Except when authorized as a pre -approved design pursuant to this Policy, small cells shall not be permitted on the following support structures: (1) decorative poles; (2) traffic signal poles, cabinets or related structures; (3) new, nonreplacement wood poles; (4) streetlights with existing attachments by Southern California Edison, or the City or other governmental agencies; (5) any utility pole scheduled for removal or relocation within 18 months from the time the Director acts on the small cell application; (c) Encroachments Over Private Property. No small cell antennas, accessory equipment or other improvements may encroach onto or over any private or other property outside the public rights -of -way without the property owner's express written consent. (d) No Interference with Other Uses. Small cells and any associated antennas, accessory equipment or improvements shall not be located in any place or manner that would physically interfere with or impede access to any: (1) worker access to any above -ground or underground infrastructure for traffic control, streetlight or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (2) access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop; (3) worker access to above -ground or underground infrastructure owned or operated by any public or private utility agency; (4) fire hydrant or water valve; (5) access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights -of -way; or (6) access to any fire escape. (e) Replacement Pole Location. All replacement poles must: (1) be located as close to the removed pole as possible; (2) be aligned with the other existing poles along Small Wireless Facility Policy page 25 / 39 the public rights -of -way; and (3) be compliant with all applicable standards and specifications by the city engineer or his or her designee. (f) Additional Placement Requirements. In addition to all other requirements in this Policy, small wireless facilities, other infrastructure deployments and all related equipment and improvements shall: (1) be placed as close as possible to the property corners or property line between two parcels that abut the public rights -of -way; (2) not be placed directly in front of any door or window; (3) not be placed within any sight distance triangles at any intersections; (4) be placed at least three feet away from any driveway or established pedestrian pathway between a residential structure and the public rights -of -way; (5) be placed at least 15 feet away from any driveways for police stations, fire stations or other emergency responder facilities. SECTION 10. DESIGN STANDARDS (a) Finishes. All exterior surfaces shall be painted, colored and/or wrapped in flat, non -reflective hues that match the underlying support structure or blend with the surrounding environment. All surfaces shall be treated with graffiti -resistant sealant. All finishes shall be subject to the Director's prior approval. (b) Noise. Small cells and all associated antennas, accessory equipment and other improvements shall not exceed the following: (1) 20 dBA with any ambient noise levels filtered out or otherwise eliminated and (2) the applicable noise control standards and regulations in the Temecula Municipal Code chapter 9.20, as either may be amended or superseded. To enforce compliance with this subsection, the City Manager or the City Manager's designee shall comply with the methodology in Temecula Municipal Code section 9.20.050; provided, however that the measurement distance from any noise -emitting equipment shall be consistent with acoustical engineering best practices. (c) Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public rights - of -way in a manner consistent with Riverside County Ordinance No. 655 (Palomar Light Pollution Ordinance), any other standards and specifications by the city engineer or his or her designee. All antennas, accessory equipment and other improvements with indicator or status lights must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. Flashing lights may not be used unless required by the FCC or other federal or state regulatory agencies. Small Wireless Facility Policy page 26 / 39 (d) Trees and Landscaping. Small wireless facilities and other infrastructure deployments shall not be installed (in whole or in part) within any tree drip line. Small wireless facilities and other infrastructure deployments may not displace any existing tree or landscape features unless: (A) such displaced tree or landscaping is replaced with native and/or drought -resistant trees, plants or other landscape features approved by the Director and (B) the applicant submits and adheres to a landscape maintenance plan. Only International Society of Arboriculture certified workers under a licensed arborist's supervision shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree unless approved by the Director. This section does not supersede the City's Heritage Tree Ordinance in Temecula Municipal Code Chapter 8.48, as may be amended or superseded. The permittee shall, at all times, be responsible to maintain any replacement landscape features. (e) Signs and Advertisements. All small wireless facilities and other infrastructure deployments that involve RF transmitters must include signage that accurately identifies the site owner/operator, the owner/operator's site name or identification number and a toll -free number to the owner/operator's network operations center. Small wireless facilities and other infrastructure deployments may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. Signage may not be placed at pedestrian eye level and may not consist of large repetitive stickers unless specifically required by the FCC or other state or federal regulatory agencies. (f) Site Security Measures. Small wireless facilities and other infrastructure deployments may incorporate reasonable and appropriate site security measures, such as locks and anti -climbing devices, to prevent unauthorized access, theft or vandalism. The Director shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small wireless facilities shall be constructed from or coated with graffiti -resistant materials. (g) Compliance with Health and Safety Regulations. All small wireless facilities and other infrastructure deployments shall be designed, constructed, operated and maintained in compliance with all generally applicable health and safety regulations, which includes without limitation all applicable regulations for human exposure to RF emissions and compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.). (h) Antennas. The provisions in this subsection (h) are generally applicable to all antennas. (1) Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets and other connectors and hardware must be installed within a Small Wireless Facility Policy page 27 / 39 single shroud or radome. For pole -top antennas, the shroud shall not exceed 2.5 times the median pole diameter and must taper down to pole to cover mounting hardware, cables, wires, jumpers and other equipment between the pole and the antenna. For side -arm antennas, the shroud must cover the cross arm and any cables, jumpers, wires or other connectors between the vertical riser and the antenna. The shroud shall not interfere with the mast arm of the streetlight. Figure 1: Antenna concealed within a single shroud (or radome) with a tapered cable shroud between the antenna and pole -top (2) Antenna Volume. Each individual antenna associated with a single small cell shall not exceed three cubic feet. The cumulative volume for all antennas on a Small Wireless Facility Policy page 28 / 39 single small cell shall not exceed: (A) three cubic feet in residential areas; or (B) six cubic feet in nonresidential areas. (3) Overall Height. No antenna may extend more than six feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safety regulations. (4) Horizontal Projection. Side -mounted antennas, where permitted, shall not project: (A) more than 48 inches from the support structure; (B) over any roadway for vehicular travel; or (C) over any abutting private property. If applicable laws require a side -mounted antenna to project more than 48 inches from the support structure, the projection shall be no greater than required for compliance with such laws. Figure 2: Pole -top antenna on a wood utility pole with tapered shroud. (i) Accessory Equipment Volume. The cumulative volume for all accessory equipment for a single small wireless facility or other infrastructure deployment shall not exceed: (A) nine cubic feet in residential areas or (B) seventeen cubic feet in nonresidential areas. The volume limits in this subsection (i) do not apply to any undergrounded accessory equipment. Small Wireless Facility Policy page 29 / 39 0) Undergrounded Accessory Equipment. (1) Where Required. Accessory equipment (other than any electric meter (where permitted) emergency disconnect switch) shall be placed underground when proposed in any (A) underground district or (B) any location where the Director finds substantial evidence that the additional above -ground accessory equipment would incommode the public's uses in the public rights -of -way. Notwithstanding the preceding sentence, the Director may grant an exception when the applicant demonstrates by clear and convincing evidence that compliance with this section would be technically infeasible. (2) Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load -rated to meet the City's standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip -resistant cover. Vents for airflow shall be flush -to -grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. All vault lids shall be constructed from materials rated for heavy traffic and acceptable to the Director. Small Wireless Facility Policy page 30 / 39 �I I• ' r :.1i�w + i ti Figure 3: Flush -to -grade underground equipment vault. (k) Pole -Mounted Accessory Equipment. The provisions in this subsection (k) are applicable to all pole -mounted accessory equipment in connection with small wireless facilities and other infrastructure deployments. (1) Preferred Concealment Techniques. Applicants should propose to place any pole -mounted accessory equipment in the least conspicuous position under the circumstances presented by the proposed pole and location. In general, pole - mounted accessory equipment should be distributed vertically on the pole to reduce its overall profile. Pole -mounted accessory equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. (2) Minimum Vertical Clearance. The lowest point on any pole -mounted accessory equipment shall be at least 10 feet above ground level adjacent to Small Wireless Facility Policy page 31 / 39 the pole. If applicable laws require any pole -mounted accessory equipment component to be placed less than 10 feet above ground level, the clearance from ground level shall be no less than required for compliance with such laws. Figure 4: Pole -mounted accessory equipment shroud on a wood utility pole. (3) Horizontal Projection. Pole -mounted accessory equipment shall not project: (i) more than 24 inches from the pole surface; (ii) over any roadway for vehicular travel; or (iii) over any abutting private property. All pole -mounted accessory equipment shall be mounted flush to the pole surface. If applicable laws preclude flush -mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required for compliance with such laws and concealed by opaque material (such as cabinet "flaps" or "wings"). Small Wireless Facility Policy page 32 / 39 Figure 5: Shrouded, side -mounted antenna on wood utility pole to comply with CPUC horizontal separation requirements. Small Wireless Facility Policy page 33 / 39 Figure 6: Flush -mounted radio shroud. (4) Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, all pole -mounted accessory equipment should be oriented away from prominent views. In general, the proper orientation will likely be toward the street to reduce the overall profile when viewed from the nearest abutting properties. If orientation toward the street is not feasible, then the proper orientation will most likely be away from oncoming traffic. If more than one orientation would be technically feasible, the Director may select the most appropriate orientation. Small Wireless Facility Policy page 34 / 39 Figure 7: Accessory equipment concealed behind banners. (1) Ground -Mounted or Base -Mounted Accessory Equipment. The provisions in this subsection (1) are applicable to all ground -mounted and base -mounted accessory equipment in connection with small wireless facilities and other infrastructure deployments. Small Wireless Facility Policy page 35 / 39 Figure 8: Base -mounted accessory equipment. (1) Ground -Mounted Concealment. All ground -mounted equipment cabinets shall be placed behind the sidewalk. On collector roads and local roads, the City prefers ground -mounted accessory equipment to be concealed as follows: (A) within a landscaped parkway, median or similar location, behind or among new/existing landscape features and painted or wrapped in flat natural colors to blend with the landscape features; and (B) if landscaping concealment is not technically feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans and information kiosks. On arterial roads outside underground districts, proposed ground -mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground - mounted accessory equipment cabinets. Small Wireless Facility Policy page 36 / 39 Figure 9: Ground -mounted accessory equipment concealed as a mailbox. (2) Public Safety Visibility. To promote and protect public health and safety and prevent potential hazards hidden behind large equipment cabinets, no individual ground -mounted accessory equipment cabinet may exceed 4.5 feet in height or 2.5 feet in width. Ground -mounted and base -mounted equipment cabinets shall not have any horizontal flat surfaces greater than 1.5 square inches to prevent litter or other objects left on such surfaces. Small Wireless Facility Policy page 37 / 39 (m) Utilities. The provisions in this subsection (m) are applicable to all utilities and other related improvements that serve small wireless facilities and other infrastructure deployments. (1) Overhead Lines. The Director shall not approve any new overhead utility lines in underground districts. In areas with existing overhead lines, new communication lines shall be "overlashed" with existing communication lines. No new overhead utility lines shall be permitted to traverse any roadway used for vehicular transit. (2) Vertical Cable Risers. All cables, wires and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, such as with wood utility poles, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying pole. (3) Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds. (4) Electric Meters. Small cells and other infrastructure deployments shall use flat - rate electric service or other method that obviates the need for a separate above -grade electric meter. If flat -rate service is not available, applicants may install a shrouded smart meter. If the proposed project involves a ground - mounted equipment cabinet, an electric meter may be integrated with and recessed into the cabinet, but the Director shall not approve a separate ground - mounted electric meter pedestal. (5) Existing Conduit or Circuits. To reduce unnecessary wear and tear on the public rights -of -way, applicants are encouraged to use existing conduits and/or electric circuits whenever available and technically feasible. Access to any conduit and/or circuits owned by the City shall be subject to the Director's prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City's infrastructure, prevent interference with the City's municipal functions and public health and safety. SECTION 11. PREAPPROVED DESIGNS (a) Purpose. To expedite the review process and encourage collaborative designs among applicants and the City, the City Council authorizes the Director to designate one or more preapproved designs for small wireless facilities and other infrastructure deployments. This Section 11 sets out the process to establish or Small Wireless Facility Policy page 38 / 39 repeal a preapproved design and the expedited review procedures and findings applicable to these applications. (b) Adoption. The Director may, in the Director's discretion, establish a preapproved design when the Director finds that a proposed preapproved design substantially complies with the design standards in this Policy; provided, however, that the Director may approve an increased antenna or equipment volume so long as the increase is not more than 15% greater than the applicable limit and other concealment techniques offset any increased aesthetic impact. The Director shall make a catalogue of all preapproved designs publicly available. (c) Repeal. The Director may repeal any preapproved design by removal from the catalogue of all preapproved designs. The repeal shall be immediately effective. The Director's repeal, refusal to repeal or failure to act on a request to repeal a preapproved design is not appealable. (d) Modified Findings. When an applicant submits a complete application for a preapproved design, the Director shall presume that the findings for approval in Sections 7(c)(1) and 7(c)(5) are satisfied and shall evaluate the application for compliance with the findings for approval in Sections 7(c)(2), 7(c)(3), 7(c)(4) and 7(c)(6). (e) Nondiscrimination. Any applicant may propose to use any preapproved design whether the applicant initially requested that the Director adopt such preapproved design or not. The Director's decision to adopt a preapproved design expresses no preference or requirement that applicants use the specific vendor or manufacturer that fabricated the design depicted in the preapproved plans. Any other vendor or manufacturer that fabricates a facility to the standards and specifications in the preapproved design with like materials, finishes and overall quality shall be acceptable as a preapproved design. Small Wireless Facility Policy page 39 / 39 STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: Feburary 5, 2020 PREPARED BY: Brandon Rabidou, Case Planner PROJECT Long Range Planning Application Number LR19-0498, amending SUMMARY: Title 17 and Title 18 of the Temecula Municipal Code related to small cell wireless facilities located within the public right-of-way RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an Ordinance amending Title 17 and Title 18 of the Temecula Municipal Code related to small wireless facilities within the public right-of-way CEQA: Categorically Exempt Section 15061(b)(3) BACKGROUND SUMMARY On September 27, 2018, the Federal Communications Commission ("FCC") issued a Declaratory Ruling and Third Report ("FCC Ruling"), which became effective January 14, 2019. The purpose of the FCC Ruling was to simplify the expansion of next generation small wireless site facilities (known as "5G networks") required for the expansion of 5G networks by removing state and local government barriers. The issue for jurisdictions is that the small wireless technology that will support next generation wireless networks require many smaller wireless sites in closer proximity to create a network. This is a departure from macro wireless sites that can cover a much larger area. The three key methods the FCC Ruling uses to accomplish its goal of increasing the deployment of next generation wireless networks are: Allow only objective reasonable fees that local agencies are able to charge wireless carriers for placement of small wireless facilities in the public right-of-way; Place a time limit on jurisdictions to consider and approve small wireless facilities applications; and Limit non -fee regulations that impede new small wireless facility sites, including regulating aesthetics. The FCC Ruling reiterated Congress' intent to preempt state and local regulations that prohibit or have the effect of prohibiting telecommunications services, while acknowledging that Congress preserved state and local authority over the placement, construction, and modification of certain wireless facilities. Local jurisdiction regulations cannot discriminate among providers and, again, cannot prohibit or have the effect of prohibiting the provision of service. It is the City's intention to work closely with the carriers to develop solutions beneficial to all, while maintaining our local control of City right of way. On April 9, 2019, the City Council adopted an Urgency Ordinance that added a new section pertaining to small wireless facilities within the public right-of-way and a design policy for small wireless facilities to address the FCC's ruling. The City Council also adopted a policy on small wireless facilities in the public right-of-way. After further review, the City's consultant recommend that the City relocate the existing Municipal Code section related to small wireless facilities within the public right-of-way contained in Title 17 (Zoning) to Title 18 (Construction, Grading, and Encroachments). This change is necessary for several reasons. One, the FCC's ruling provides limits on costs, time, and the duration of reviews for small cells located within the public right-of-way. In order to meet all of these requirements, the City has determined that a unified encroachment permit is the most efficient way to approve the small cell permits. Encroachment permits are addressed in Title 18. Two, the Federal Government and FCC are expected to take further action related to small wireless facilities. These changes may further restrict the City's ability to regulate small wireless facilities in the public right-of-way. By moving the section related to small cells in the public right-of-way from Title 17 to Title 18, the City Council will be able to respond more quickly to policy, procedural, and legal changes. Staff is currently working on an updated City Council Policy on Small Wireless Facilities in the Public Right -of -Way that will be brought before the City Council in the near future. This policy, which is designed to be amended more efficiently, will contain objective standards that small wireless facilities must comply with and are intended to maintain the City's aesthetic requirements, while still meeting the requirements of the FCC order. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on January 24, 2020. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed 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 Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will relocate an existing section of the Temecula Municipal Code from Title 17 to Title 18 of the Temecula Municipal Code. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. ATTACHMENTS: 1. PC Resolution 2. Exhibit A- Draft City Council Ordinance 3. Notice of Public Hearing PC RESOLUTION NO.2020- 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 TITLE 17 AND TITLE 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B) (3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend the adopted Municipal Code to amend Title 17 and Title 18 of the Temecula Municipal Code (Planning Application No. LR19-0498). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on February 5, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. 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". F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending that the City Council adopt the 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 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 amendments to Title 17 and of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed amendments do any change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re -organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula's General Plan Community Design Policy 2.1 states, Establish and consistently apply design standards and guidelines for both residential and non-residential development. Community Design Policy 4.2 states, "Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements." The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City's ability to apply design standards. 3. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City's ability to comply with the adopted General Plan. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed 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 Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will relocate an existing section of the Temecula Municipal Code from Title 17 to Title 18 of the Temecula Municipal Code. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR19-0498, 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 5th day of February 2020. Lanae Turley-Trejo, Chairperson ATTEST: 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. 2020- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of February 2020, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(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 amend Titles 17 and 18 of the Temecula Municipal Code to relocate the existing Section 17.04.260 ("Small Wireless Facilities in the Public Right -of - Way") to a new Chapter of Title 18 of the Temecula Municipal Code to be named Chapter 18.13 ("Small Wireless Facilities in the Public Right -of -Way"). B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on February 5, 2020, 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 Resolution No. 2020-XX, recommending that the City Council approve the Title 17 and Title 18 amendments. D. The City Council, at a regular meeting, considered the Ordinance on , 2020, 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: l . 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 amendments to Title 17 and of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed amendments do any change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re -organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula's General Plan Community Design Policy 2.1 states, "Establish and consistently apply design standards and guidelines for both residential and non-residential development." Community Design Policy 4.2 states, "Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements." The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City's ability to apply design standards. 3. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City's ability to comply with the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are a simple reorganization, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Section 17.40.260 (Small wireless facilities in the public right-of-way) of Chapter 17.40 (Telecommunications Facility and Antenna Ordinance) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety. Section 5. Title 18 (Construction, Grading, and Encroachments) is amended to add a new Chapter 18.13 (Small wireless facilities in the public right-of-way) which reads as follows: "Chapter 18.13 Small Wireless Facilities in the Public Right -of -Way. Section 18.13.010 Permit Application. Section 18.13.020 Fees. Section 18.13.030 Severability. Section 18.13.010 Permit Application. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission ("FCC") in 47 C.F.R. § 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the City Council Policy on Small Wireless Facilities in the Public Right -of -Way, which shall be adopted and may be amended by City Council Resolution. All small wireless facilities shall comply with the City Council Policy on Small Wireless Facilities in the Public Right -of -Way. A standard City encroachment permit may also be required as a condition of small wireless facility permit approval. Section 18.13.020 Fees. Small wireless facilities shall pay the following fees, as applicable: A. $500 for non -recurring fees, including a single up -front application fee that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non -recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and B. $270 per small wireless facility per year for all recurring fees, including any possible right- of-way access fee or fee for attachment to municipally -owned structures in the right-of-way. C. The establishment of the above -referenced fees does not in any way affect the right of the City to (1) adopt a resolution amending any of the fees adopted in this Section if the City finds that the fees are insufficient to compensate the City for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in this Section; or (3) adopt an entirely different fee structure, including a market -based fee structure, in the event that any FCC Order is invalidated or modified in any way with respect to fees related to small wireless facilities. Section 18.13.030 Severability. In the event that any FCC Order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions set forth in Chapter 17.40 shall control over the Policy on Small Wireless Facilities in the Public Right -of -Way." Section 6. 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 7. 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 8. 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 12020. James Stewart, 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. 2020- 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 , 2020, 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 , 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: LR19-0498 PROPOSAL: 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 Title 17 and Title 18 of the Temecula Municipal Code related to small cell wireless facilities located within the public right-of-way and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061(b)(3)" ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3) CASE PLANNER: Brandon Rabidou, (951)-506-5142 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: February 5, 2020 TIME OF HEARING: 6:00 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.gov — and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within 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 Planning Commission 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. Questions? Please call the Community Development Department at (951) 694-6400. PC RESOLUTION NO.2020-01 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 TITLE 17 AND TITLE 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B) (3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend the adopted Municipal Code to amend Title 17 and Title 18 of the Temecula Municipal Code (Planning Application No. LR19-0498). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on February 5, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. 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". F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending that the City Council adopt the 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 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 amendments to Title 17 and of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed amendments do any change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re -organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula's General Plan Community Design Policy 2.1 states, Establish and consistently apply design standards and guidelines for both residential and non-residential development. Community Design Policy 4.2 states, "Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements." The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City's ability to apply design standards. 3. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City's ability to comply with the adopted General Plan. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed 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 Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will relocate an existing section of the Temecula Municipal Code from Title 17 to Title 18 of the Temecula Municipal Code. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR19-0498, 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 5th day of February 2020. ATTEST: L e 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. 2020-01 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of February 2020, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts, Youmans NOES: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None Luke Watson Secretary ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO 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 amend Titles 17 and 18 of the Temecula Municipal Code to relocate the existing Section 17.04.260 ("Small Wireless Facilities in the Public Right -of - Way") to a new Chapter of Title 18 of the Temecula Municipal Code to be named Chapter 18.13 ("Small Wireless Facilities in the Public Right -of -Way"). B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on February 5, 2020, 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 Resolution No. 2020-XX, recommending that the City Council approve the Title 17 and Title 18 amendments. D. The City Council, at a regular meeting, considered the Ordinance on , 2020, 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 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 amendments to Title 17 and of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed amendments do not change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re -organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula's General Plan Community Design Policy 2.1 states, "Establish and consistently apply design standards and guidelines for both residential and non-residential development." Community Design Policy 4.2 states, "Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements." The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City's ability to apply design standards. 3. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City's ability to comply with the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are a simple reorganization, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Section 17.40.260 (Small wireless facilities in the public right-of-way) of Chapter 17.40 (Telecommunications Facility and Antenna Ordinance) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety. Section 5. Title 18 (Construction, Grading, and Encroachments) is amended to add a new Chapter 18.13 (Small wireless facilities in the public right-of-way) which reads as follows: "Chapter 18.13 Small Wireless Facilities in the Public Right -of -Way. Section 18.13.010 Permit Application. Section 18.13.020 Fees. Section 18.13.030 Severability. Section 18.13.010 Permit Application. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission ("FCC") in 47 C.F.R. § 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the City Council Policy on Small Wireless Facilities in the Public Right -of -Way, which shall be adopted and may be amended by City Council Resolution. All small wireless facilities shall comply with the City Council Policy on Small Wireless Facilities in the Public Right -of -Way. A standard City encroachment permit may also be required as a condition of small wireless facility permit approval. Section 18.13.020 Fees. Small wireless facilities shall pay the following fees, as applicable: A. $500 for non -recurring fees, including a single up -front application fee that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non -recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and B. $270 per small wireless facility per year for all recurring fees, including any possible right- of-way access fee or fee for attachment to municipally -owned structures in the right-of-way. C. The establishment of the above -referenced fees does not in any way affect the right of the City to (1) adopt a resolution amending any of the fees adopted in this Section if the City finds that the fees are insufficient to compensate the City for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in this Section; or (3) adopt an entirely different fee structure, including a market -based fee structure, in the event that any FCC Order is invalidated or modified in any way with respect to fees related to small wireless facilities. Section 18.13.030 Severability. In the event that any FCC Order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions set forth in Chapter 17.40 shall control over the Policy on Small Wireless Facilities in the Public Right -of -Way." Section 6. 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 7. 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 8. 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 92020. James Stewart, 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. 2020- 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 , 2020, 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 , 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 10, 2020 SUBJECT: Receive and File Homeless Outreach Program Annual Update PREPARED BY: Robin Gilliland, Homeless Outreach Administrator RECOMMENDATION: That the City Council receive and file the homeless outreach program annual update. BACKGROUND: As the City of Temecula celebrates over 30 years of cityhood, it takes great pride in the steady growth of the community. It is the City's responsibility to be thoughtful and intentional about how it approaches the emerging issues that affect its visitors, business owners and residents, including individuals experiencing homelessness. At the direction of Council, the Community Services Department's Responsible Compassion Division has worked collaboratively with Riverside County Sheriff's Department, neighboring agencies, and local non -profits to develop a pragmatic regional approach towards utilizing resources. The result is the Homeless Outreach Program. The Homeless Outreach Program builds on the solid foundation of the City's proactive culture of responsibility and compassion and provides a roadmap to address individuals experiencing homelessness via the City's Homeless Outreach Strategic Model. At its core, the Homeless Outreach Program strives to be agile in an ever -changing environment. The multidisciplinary, multi -agency, collaborative approach includes efforts from the Homeless Outreach Team (HOT), Burglary Suppression Team (BST), Regional Homeless Alliance, Social Work Action Group (SWAG), Temecula Valley Unified School District, Community Mission of Hope, Project TOUCH, and the newly formed Community Based Assessment Team (CBAT — composed of one Sheriff's deputy and one behavioral health clinician), among others. In addition, the City has utilized college interns (including Master of Social Work candidates) to enhance the Homeless Outreach Program. The Homeless Outreach Program has produced significant positive results for the community. This collaborative approach resulted in removing approximately 130 individuals experiencing homeless from the streets in calendar year 2019. At the conclusion of the 2020 Point -In -Time count, a federally mandated program to assess the sheltered and unsheltered homeless population throughout the nation, preliminary numbers show a decrease in those experiencing homeless for the third consecutive year. Other aspects of the Homeless Outreach Program focus on developing approaches to protect and enhance the quality of life for all residents. These include improved tools to combat activities such as aggressive solicitation, partnerships to expedite removal of debris and recovery of shopping carts, and outreach to area businesses. In addition, community education, which is a focal point of the Homeless Outreach Program, has evolved into a robust presence on social media and multiple "meet -and -greet" opportunities each year. In total, the City's Homeless Outreach Program has proven to be effective in the continued efforts to address the complex and evolving issues surrounding homelessness, allowing the City to maximize organizational effectiveness to meet the needs of the community. FISCAL IMPACT: There is no fiscal impact associated with this annual update. ATTACHMENTS: None REQUESTS TO SPEAK "F tFtr`,' REQUEST TO SPEAK ,�44.> �, CITY OF TEMECULA iiftr osi ______") Date: 7/61_20_2 0I wish to speak on: Ty Public Comment Circle One: CITY COUNCIL/ CSD/SARDA/THA/TPFA v Subject: :21 t?.2/ (�t??�,A1�,'+A enda Im N g o. For � Against 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: /)0f) Via, 0/6-7 //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 •,► 4% CITY OF TEMECULA 1989 5 Date: �Z 0 lJ I wish to speak on: I i1/41 Public Comment Circle One: CITY COUNCIL/CSD / SARDA/THA/TPFA Subject: Agenda Item No. For Against 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: ,4ai O,v 6.Q.stbS Phone Number: Address: Email address: If you are representing an organization or group, please give the name. --- � / / � /4 /2,el- ZLacc 1( Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF T EMECULA 1989 Date: 03`Ip ( to I wish to speak on. Public Comment Circle One: CITY COUNCIL/ CSD/SARDA/THA/TPFA Subject: rt 'fl of 1 WWI.L1 yZ FEN N 6 T Eu4. FIR)4114c Agenda Item No. For Against 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. SK`(LE'R- Rh NI Phone Number: ( Address. Email address: If you are representing an organization or group, please give the name: C- 3-j' tf tc'Mf'(,1,11A (MA5 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °F ""F�% REQUEST TO SPEAK ' CITY OF TEMECULA J i ,. �uxv� \\ Date. /1.0 i Z 0 I wish to speak on: X� Public l I Comment Circle On CITY COUNCIL CSD/ SARDA/THA/TPFA � Subject: \V 1-7 - fE-2 ODe hn. Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Address: . (L ak_u__ --..._ Email address If you are representing an organization or group, please give the name: k) 5 phocK,- kv c, 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 't ; ,. r '.,, 1910 / 3/ ID ( zD Date: I wish to speak on: Ny Public Comment Circle One: CITY COUN5,/CSD/SARDA/THA/TPFA ep Subject: W 11 — ( 1 vve -z, \` T cv) u A .e_vvv'v\k -5 Agenda Item No. For Against a)---- Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ) Name: �`c( ( 1 ✓\--i G(s(� Phone Number: Address: Email address. If you are representing an organization or roup, please give the name: �-�S p.C�vIC Ut ve 1 `� S 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 `p1989 Date: 3 ' ID • 2 o 10 I wish to speak on: Public Comment Circle On • CITY COUNCIL/,CSD/ SARDA/THA/TPFA Subject: '1111;- Cloco OEN f G Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. - Address: -re.wt 0 fps 9,2c71- Email address: ` If you are representing an organization or group, please give the name: 1.6s .<4 ita5 Ko-� Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. -- ,„r . REQUEST TO SPEAK �i CITY OF TEMECULA �yHv Date: 3/ (k, ( Z- I wish to speak on: k' Public Comment Circle lf One: TYnCOUN /CSD^/SARDA/TH�4/TPFA Subject: PV) ' 1 ,_ l 7 tee . \ o <p Jo e Agenda Item No. For Against 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. _l /, (� Name: Ma tr lou t/i4 eaVl Phone Number: �� Address: 7--ea4e d / Z5/ 2 Email address: If you are representing an organization or grou pl ase give the name: L---1-7 PAC, -) 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. -VI. ( 2 I wish to speak on: / iPublic Comment Circle One: ITY COUNCIL/CSD/SARDA/THA/TPFA Subject: W ( -7 I Z c ' Agenda Item No. For Against 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. c Address' . Email address: If you are representing an organization�ation or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °` 1 `14-/ REQUEST TO SPEAK i J� t�, CITY OF TEMECULA HI ivs� Date: 3 f ( q 7 0 I wish to speak on: Public Comment Circle'c 0 • CITY COUNC / CSD/SARDA/THA/TPFA Subject: ?VJ 11 - l / r ,e_l- ?oA t KA P 1/ev e. ,1/t Agenda Item No. For Against 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. � Email address: . If you are repres ting an ation o grou , please give the name. •—ill--J ��'r'El%1..t t , Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °F�'"`� REQUEST TO SPEAK 11.j0 ., CITY OF TEMECULA 1989 Date: 3/10 7-69 I wish to speak on: Fi Public Comment Circle One: CITY COUNCI CSD / SARDA/THA/TPFA Subject: Agenda Item No. For Against 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: Ne. ( P Phone Number: " Address: . C12,67Z 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. "" 14. REQUEST TO SPEAK .f- A, CITY OF TEMECULA i 1989 - " Date: (A I wish to speak on 743, Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: 1 �Ez �-'6 \;--'4 C-; .l� li Agenda Item No. For Against 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___E - rai,_, -s J Phone Number: - Address: Email address: If you are representing an organization or group, please give the name: s r--1-k CA- -r cKv, Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °v""��.<, REQUEST TO SPEAK _ CITY OF TEMECULA 1/4 Let, Date: _31 b I wish to speak on: Public Comment Circle On CITY COUNCIL/CSD/ SARDA/THA/TPFA Subject: PkA) ( .� 1 1 I 2-- �i^ v ( ` , As Agenda Item No. For Against ` 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. ^ c (� Name ' t D V/ l—e_ Phone Number: Address: ` Email address: If you are representing an organization or group, ple see ive the name: -42 ? avvci ' Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °,"```,e REQUEST TO SPEAK ': !to CITY OF TEMECULA ,'o. 141i 9 .. Date: -3/I (a 2-0 I wish to speak on: l X Public Comment Circle One: CITY COUNC / CSD I SARDA/THA/TPFA � Subject: J L I "_"t e 1vvv' 2 goacA e b1,,, Agenda Item No. For Against 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 c� Address: If you are representing an organization or group, please give the name: mac) e- ' Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. "`� REQUEST TO SPEAK fi took CITY OF TEMECULA 1989 Date: 3 r//t 0 .2_0 I wish to speak on: Public Comment ICiircle 0 • CITY COUNCIL CSD/SARDA/THA/TPFA Subject: P v ) t l - l 1 rc Re—z- Avivuu.eivtej,7k Agenda Item No. For Against 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.ec/ ' Name: 6" eis 4v Phone Number: / Address: _ �--- Email address: If you are representing an organization or group, please give the name: 1,-12S P r y(AilTV Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. "t��`` REQUEST TO SPEAK .,. CITY OF TEMECULA • Date: 3 /d/Za I wish to speak on: FV(Public Comment Circle One. 'Y COUNCIL/CSD /SARDA/THA/TPFA Subject: Agenda Item No. For Against 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: /& ( 4t*'44S Phone Number: Address: - y TIN"-tcw/, C4, 97es1 - Email address: If you are repres9pting an or9anization or group, please give the name: GDS gAc,4-0‘ i$ 4&vt.{ Oct/iv -S Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK 11,�Ark) CITY OF TEMECULA 1989 Date: i�j/ I wish to speak on: Public Comment Circle One CITY COUNCIL/CSD/SARDA/THA/TPFA 11 // Subject: piII teJoC�.II 1.� CUL S f /AJTPie, i i J /Cote-Cvla_ Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ,) &I,L Name: eS U d Stg 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 4,, CITY OF TEMECULA 1989 Date: MCC rdA 10 -0 I wish to speak on: Public Comment Circle One: ITY COU - IL/CSD/SARDA/THA/TPFA Subject: Uv I1I � \�? I 1✓1A �Y-e-VatA Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: t")CCUL4 U T S Phone Number: Address: Email address: If you are representing an organizatio or group lease give the name: or a hrN ,� oS Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. `",, REQUEST TO SPEAK ifiAmr-00 , CITY OF TEMECULA 1989 Date: J V 2/ +( C)t2,10 I wish to speak on: _7) Public Comment Circle One: EY COUNCIL/CSD/SARDA/THA/TPFA Subject: P W 1 - 1 7 yV,t?2- A MvJ€Q. nAgenda Item No. For Against n 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: � C`la � � 7k_O-n(afar r Phone Number: Address: Email address: If you are representing an organization or group, �leas�ve the name: 1' V , Vakik�q[Jll�tl ' Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK ,• �j& �, CITY OF TEMECULA t92i9 j Date: 3/i I wish to speak on: Public Comment Circle One ITY COUNCIL/C•D/SARDA/THA/TPFA Subject: l� I� Y n e �04)V '�"� Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name. * . V A- Phone Number: Address: � Email address: � � If you are representing an organization or group, please give the name: to j 2-Ad*-kk T 5 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. "'', REQUEST TO SPEAK ,,. 40 's,. CITY OF TEMECULA e.,, 1989 - _ Date: .)/ W fQ..o I wish to speak on Public Comment Circle One CITY COUNCIL CSD/SARDA/THA/TPFA Subject: VIA) \1 - 11 ' L L F.), e-- tiv,r-uue...1,...„,....x—r> Agenda Item No. For Against 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 t ,3YG .ei� iv �Q,i) 'he ; M Phone Number: Address: Email address: ) If you are representing an organization or group, please give the name: U75 V ek,V1 f.r\A-\—to 5 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.